S.1972 - Federal Crime Control Act of 1989101st Congress (1989-1990)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 11/21/1989)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 03/26/1990 Referred to the Committee on Judiciary. (All Actions)|
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Summary: S.1972 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in Senate (11/21/1989)
Federal Crime Control Act of 1989 - Title I: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act (Omnibus Act) to authorize appropriations for FY 1990 through 1992 for Drug Control and System Improvement Grant Program.
Department of Justice Community Substance Abuse Prevention Act of 1989 - Amends the Omnibus Act to require the Attorney General to make grants to eligible community coalitions to implement comprehensive long-term strategies for substance abuse prevention, assess existing programs, identify and solicit funding sources, develop priorities, and coordinate substance abuse services and activities. Requires coalitions to encourage voluntary participation and community involvement and submit annual reports to the Attorney General. Authorizes appropriations.
Requires the Attorney General to direct the U.S. attorneys to establish a program with State and local prosecutors: (1) whereby cases involving persons arrested on a designated day each month for felony drug offenses are presented to a Federal grand jury and, if indicted, are prosecuted in Federal court; and (2) aimed at using Federal laws to seize and forfeit the automobiles of persons who use such vehicles in the commission of drug-related offenses.
Title II: Federal Law Enforcement and Judicial Assistance - Authorizes appropriations for FY 1990 for the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), U.S. Courts, U.S. Attorneys, defender services, and U.S. Marshals.
Directs the President to appoint 20 additional district judges to be allocated based on the recommendations of the Judicial Conference of the United States to areas with heavy drug-related caseloads.
Title III: Rural Drug Enforcement - 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 to set aside specified sums for rural areas.
Directs the Attorney General to attempt to assign not less than ten drug enforcement agents to each State and to States that are less than four additional special agents to each rural State.
Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas.
Mandatory Detention for Offenders Convicted of Serious Crimes Act - Amends the Bail Reform Act to require the detention, pending sentence or appeal, of any person found guilty of a crime of violence, an offense for which the maximum sentence is life imprisonment or death, or drug offenses for which a maximum term of imprisonment of ten years or more is prescribed, unless there is substantial likelihood of acquittal or a new trial, or the Government is not recommending imprisonment and the person is not likely to flee or pose a danger to the community.
Makes exceptions to mandatory detention upon appeal of the Government in exceptional cases.
Title V: 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 (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.
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.
Eliminates the restriction on disposal of judicially forfeited property by the Department of the Treasury and the Postal Service.
Provides for the forfeitability of certain property with respect to illegal gambling, irrespective of State law or any bankruptcy proceeding instituted after or in contemplation of a prosecution under this Act.
Amends the Tariff Act of 1930 to authorize the use of moneys from the Customs Forfeiture Fund for certain State overtime, travel, and other costs incurred in assisting (under current law, in joint operations with) the U.S. Customs Service in law enforcement activities.
Authorizes the disclosure of certain grand jury information for use in carrying out the civil forfeiture provisions of the CSA.
Title VI: 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, or political subdivision, or Indian tribal government of: (1) the 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 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 the 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 State 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 VII: Civil Enforcement - Amends the CSA to authorize the Attorney General to bring a civil action to enforce such Act. Grants the court the power to assess a civil penalty of up to $100,000 and to grant other relief, including injunctions and evictions.
Requires the Attorney General to: (1) aggressively use criminal, civil, and other equitable remedies (injunctions, stay-away orders, and forfeiture sanctions) against drug offenders; and (2) submit an annual report to the Congress on the use and effect of the remedies in curtailing drug trafficking.
Title VIII: Juvenile Justice Anti-Gang 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 State and local governments to develop more effective programs to reduce the use and sale of illegal drugs by juveniles. Requires the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations for FY 1990 through 1992.
Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status.
Waives confidentiality in certain juvenile proceedings.
Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles.
Title IX: Emergency Federal Assistance to Drug Disaster Areas - Authorizes the President to declare a State (or part of a State) to be a drug disaster area. Establishes procedures for an affected area to be so designated and for review of such requests by the Director of National Drug Control Policy.
Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single drug-related emergency and to provide nonmonetary assistance and resources. Authorizes appropriations for FY 1990 through 1994.
Title X: Police Corps - Police Corps Act - Establishes an Office of the Police Corps within the Justice Department to be headed by a Director appointed by the President and subject to Senate confirmation.
Authorizes the Director of the Office of the Police Corps to agree to repay the educational loans of State Police Corps program participants and reimburse them for educational expenses of up to $40,000 following their completion of: (1) an educational course of study; (2) Federal training; and (3) four years of State or local police force service. Limits participants in such programs to 25,000 people per year. Declares that the Director's obligation to pay a participant's educational expenses shall be void and the Director shall be entitled to recover from the participant the amount of any interest on an educational loan that the Director has paid if the participant fails to complete the educational study, Federal training, and required service unless the failure is the result of death or permanent disability. Provides that a dependent child of a law enforcement officer who is not a program participant and who is killed in the line of duty shall be entitled to the educational assistance authorized in this Act without incurring any service obligation.
Sets forth selection criteria of and qualifications for participants for State Police Corps programs. Requires each State participating in the Police Corps to make special efforts to seek and recruit minorities without relaxing admission standards.
Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Establishes a nine-member Board of Directors, appointed by the President and subject to Senate confirmation, to administer such training centers. Requires the Director to serve as chairman of the Board.
Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force.
Requires the Director to report to the President and the Congress not later than April 1 of each year.
Title XI: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides.
Provides for the disposition of forfeited firearms.
Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights.
Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses.
Sets forth penalties for theft of explosives.
Bars the sale or possession of firearms and explosives to or by persons convicted of violent or serious misdemeanor drug or narcotic offenses.
Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony.
Prohibits the assembly or export of semiautomatic rifles or shotguns which are prohibited from being imported into the United States, with exceptions.
Sets a minimum penalty for the use of a short-barreled rifle or shotgun, or a destructive device, in relation to a crime of violence or drug trafficking crime.
Title XII: Miscellaneous Criminal Law Improvements - Amends the Federal criminal code to provide that, wherever it is an element of an offense that any property was embezzled, stolen, counterfeited, or altered and that the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be embezzled, stolen, counterfeited, or altered.
Revises the meaning of "controlled substances" under the RICO statute, recidivist penalties, mandatory penalties for serious crack possession, methamphetamine possession penalties, and maritime drug law enforcement matters.
Amends the Communications Act of 1934 to restore penalties for obscene telephone communications (dial-a-porn).
Extends the application of various offenses to U.S. possessions and territories.
Repeals crimes against U.S. carrier pigeons, prohibitions on liquor and opium exports to Pacific Island aborigines, and other obsolete laws.
Amends Federal criminal code provisions regarding aggravated sexual abuse to include certain individuals under 14 years of age (under current law, applies only where the victim is under 12). Revises the definitions of sexual act and sexual contact with respect to persons under 16 years of age. Provides for enhanced penalties for subsequent offenses by persons convicted for such crimes.
Authorizes the court, upon motion of the Government, to impose a term of probation for a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense.
Amends the Federal Rules of Criminal Procedure with respect to the number of peremptory challenges allowed.
Sets forth penalties for: (1) unlawful disclosure of intercepted wiretaps or oral communications obtained during the course of official duties, in connection with a criminal investigation; and (2) disclosure of such intercepted information in order to impede a criminal investigation.
Title XIII: Assault Weapons -Antidrug, Assault Weapons Limitation Act of 1989 - Amends the Federal criminal code to prohibit the transfer, importation, transportation, shipment, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons.
Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime.
Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form.
Sets penalties for failure to acquire such form with respect to the transfer, receipt, or possession of any assault weapon.
Establishes penalties for: (1) stealing any firearm moving in interstate or foreign commerce; and (2) smuggling a firearm into the United States with intent to engage in, or promote, certain controlled substance offenses or crimes of violence.
Provides for mandatory revocation of supervised release for possession of a firearm where a condition of such release was that the defendant possessing a firearm refrain from possessing a firearm and such defendant is in actual possession of a firearm.
Directs the Attorney General to: (1) investigate and study the effect of this Act on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings.
Specifies the effective period for this Act, setting forth sunset provisions.
Title XIV: International Money Laundering - Requires the Secretary of the Treasury to report to the Congress on reporting requirements involving currency transactions, the manner in which U.S. agencies collect and use such reports to support investigations and prosecutions, and a summary of: (1) sanctions imposed for failure to comply with reporting requirements; (2) criminal indictments filed which resulted from investigations initiated by analysis of such reports; and (3) information regarding suspicious financial transactions provided voluntarily by financial institutions.
Requires the Secretary to establish an Advisory Group on Reports on Monetary Instruments Transactions consisting of representatives of the Department of the Treasury, financial institutions, and other persons subject to such reporting requirements, to provide a means by which the Secretary: (1) informs private sector representatives, on a regular basis, of the ways in which such reports, and information regarding suspicious financial transactions provided voluntarily by financial institutions, have been used; and (2) receives advice on the manner in which such reporting requirements should be modified to enhance the ability of law enforcement agencies to use the information provided.
Directs the Secretary 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.
Amends the Federal criminal code to: (1) authorize the Attorney General to transfer forfeited personal property (or the proceeds of the sale) to any foreign country which participated in the seizure or forfeiture of the property, if certain conditions are met; (2) includes within the definition of "specified unlawful activity" with respect to money laundering, offenses relating to false statements by an employee of a financial institution and false statements in connection with loan and credit applications; (3) modify the knowledge requirement with respect to international money laundering.
Amends the Right to Financial Privacy Act of 1978 to: (1) add conforming predicate money laundering references to the "insider" exemption under such Act; and (2) shield from liability any financial institution and its employees for a refusal to do business with a customer after notifying a governmental authority of information which may be relevant to possible criminal activity.
Title XV: Organized Crime and Dangerous Drug Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1989 - Establishes within the Department of Justice (DOJ) the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to the new Division functions, personnel, and available funds of such offices and program.
Requires such Division to be headed by an Assistant Attorney General and a Deputy Assistant.
Establishes within such Division such sections as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement.
Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section).
Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to and located with the Strike Forces, and shall be given credit for the work of the Strike Forces.
Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces.
Authorizes appropriations for salaries and expenses of the Division for FY 1990, subject to certain limitations.
Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking.
Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking.