Summary: H.R.3963 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House receded and concurred with amendment (12/20/1982)

(House receded and concurred in Sen. admn. with an admn. under suspension of the rules, r.c. #485 (271-27))

Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Controlled Substances Penalties and Criminal Forfeiture - Comprehensive Drug Penalty Act of 1982 - Amends the Controlled Substances Act to include within the forfeiture provisions all land and buildings used for holding or storing controlled substances or materials used to manufacture such substances.

Provides that a procedure for forfeiture may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought.

Establishes within the United States Treasury a revolving fund known as the "Drug Enforcement Fund." Allows the fund to be used for the payment of rewards for information that results in a forfeiture. Requires deposit in this fund of proceeds and profits forfeited as the result of drug violations. Authorizes appropriations from the fund for fiscal years 1984 and 1985.

Sets the maximum reward for information at $250,000.

Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase the maximum authorized fines for certain drug offenses. Permits imposition of an alternative fine up to twice the gross gain derived from the offense.

Provides Judicial procedures for seizure of property subject to criminal forfeiture.

Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $2,500, or ten percent of the value of the claimed property, whichever is less.

Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and liens and mortgages.

Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law.

Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement.

Increases from $50,000 to $250,000 the award of compensation given to informers for information leading to forfeiture.

Grants customs officers arrest authority and the right to carry firearms.

Repeals provisions of the Internal Revenue Code dealing with customs officer's law enforcement authority to conform to this Act.

Title II: Amendments to Omnibus Crime Control and Safe Streets Act of 1968 - Justice Assistance Act of 1982 - Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate the Law Enforcement Assistance Administration and the Office of Justice Assistance, Research and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance to be headed by an Assistant Attorney General.

Revises the formula grant program to make the following changes. Eliminates the authority for local governments to receive formula grants. Decreases from 23 to 17 the purposes for which formula grants may be made.

Authorizes funding for programs designed to address the increase in crime against the elderly.

Includes categories for programs addressing the problems of serious crimes committed by juveniles and juveniles with a history of criminal conduct. Authorizes the Director of the Office of Justice Assistance to certify new categories of programs having a record of proven success.

Requires States to provide a 50 percent match to receive Federal funding, or 25 percent match for innovative programs addressing critical problems of crime. Requires grant recipients to assume program costs after a four-year period.

Applies the State match requirement on an aggregate rather than per project basis.

Revises the application requirements for a State to receive formula grant assistance. Requires States to include assurances that not more than ten percent of assistance will be spent on innovative programs addressing critical crime problems nor five percent of assistance on administrative costs. Requires submission of the formula grant application for approval to the State legislature which shall act on the application as it would for State budget requests.

Retains the current requirement that 80 percent of total funding be allocated for formula grants. Bases the distribution of funds among States on population and the extent of the crime problem as determined by the number of Part I offenses in the Uniform Crime Reports reported to the FBI. Requires a State to distribute formula grants among local governments in the same proportion that such governments expend State funds for law enforcement purposes.

Establishes a Justice Assistance Board to advise the Assistant Attorney General for Justice Assistance on grant awards, and to report annually to the President.

Eliminates the national priority grant program.

Retains the discretionary grant program. Revises the general purposes for which such grants may be made. Requires that private nonprofit organizations be the primary recipients of such grants for providing educational, training, and technical assistance and undertaking national projects.

Revises the training and manpower development program to eliminate the training programs for prosecuting attorneys and State and local criminal justice personnel by the Law Enforcement Assistance Administration. Retains the Federal Bureau of Investigation training of State and local criminal justice personnel and the criminal justice education program.

Permits "construction" under such Act to include renovation, repairs, or remodeling.

Authorizes appropriations in the amount of $170,000,000 for each of fiscal years 1983 and 1984. Authorizes additional appropriations as are necessary to provide emergency enforcement assistance to States.

Eliminates the current authorization of appropriations for the Office of Community Anti-Crime Programs and the requirement that at least 19.15 percent of total appropriations be maintained for juvenile delinquency programs.

Prohibits the reprogramming of funds, including those authorized for civil dispute resolution, previously appropriated for the purposes of criminal justice assistance.

Authorizes a State or local government to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists.

Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the cost of increased Federal presence; and (5) the need to avoid unnecessary Federal involvement in local concerns.

Authorizes appropriations for such purpose.

Title III: Miscellaneous Criminal Justice Improvements - Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person by tampering with a food, drug, device or cosmetic produced for consumption or use by individuals.

Federal Intelligence Personnel Protection Act - Makes it a Federal crime to attempt to kill any officer or employee of a Federal Intelligence Agency.

Establishes a mandatory sentence of 15 years to life for "armed career criminals."

Applies such penalties to any person with two prior convictions who commits or conspires or attempts to commit a robbery or burglary while he or any other participant in the offense is in possession of a firearm or imitation.

Allows the Federal Government to bring prosecutions under this Act, if consented to or requested by the local prosecuting authorities.

National Narcotics Act of 1982 - Establishes in the executive branch the Office of the Director of National and International Drug Operations and Policy charged with: (1) developing and enforcing Government policy with regard to illegal drugs; (2) directing and coordinating efforts to halt the importation and sale of illegal drugs in the United States; (3) developing funding allocations; (4) coordinating information; and (5) directing the temporary reassignment of Government personnel with regard to U.S. illegal drug policy.

Requires the Director to report annually to Congress on United States policy on illegal drugs.

Authorizes appropriations for FY 1983 and following fiscal years.