Forfeiture Amendments Act of 1989

Summary

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.

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Documents

6 official files

• Received in Senate (text)

  Received in Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN

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• Passed Senate amended

  summary · EN · 15 November 1989

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• Introduced in House

  summary · EN · 31 October 1989

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