United States · United States Congress · 16 September 1988
Amends provisions of Federal law to establish a new pay schedule for the Uniformed Division of the Secret Service and the United States Park Police. Directs the Secretary of the Interior to conduct annual surveys comparing the minimum rates of basic pay for entry-level positions within the U.S. Park Police force with the minimum rates of basic pay for similar positions in the police departments in the following areas: (1) the Washington, D.C.-Maryland-Virginia Metropolitan Statistical Area; (2) the New York-Northern New Jersey-Long Island, New York-New Jersey-Connecticut Consolidated Metropolitan Statistical Area; and (3) the San Francisco-Oakland-San Jose, California Consolidated Metropolitan Statistical Area. Requires the Secretary to increase the rates of pay for entry-level positions within the U.S. Park Police as necessary to ensure that such minimum rates are comparable to the minimum rates payable for similar positions in comparable police departments. Directs the Secretary of the Treasury to conduct annual surveys comparing the minimum rates of basic pay for entry-level positions within the Uniformed Division of the Secret Service with the minimum rates of basic pay for similar positions in the Washington, D.C.-Maryland-Virginia Metropolitan Statistical Area. Requires the Secretary to increase the minimum rates of basic pay for entry-level positions within the Uniformed Division of the Secret Service as necessary to ensure that such minimum rates are comparable to the minimum rates payable for such statistical area. Requires the Secretaries to give thorough consideration to the views and recommendations of appropriate employee organizations representing both police forces. Amends the District of Columbia Police and Firemen's Salary Act of 1958 to conform to provisions of this Act. Provides for conversion to the new pay schedule for pay periods on or after October 1, 1988, for the U.S. Park Police, and on September 30, 1988, for the Uniformed Division of the Secret Service. Declares that adjustments pursuant to the surveys shall be made beginning with applicable pay periods commencing on or after October 1, 1989. Amends the District of Columbia Police and Firemen's Salary Act of 1958 to provide for service step adjustments. Authorizes additional compensation for technicians of the U.S. Park Police and the Uniformed Division of the Secret Service. Provides for the payment of premium pay for night duty and Sunday work for both police forces.
United States · United States Congress · 14 September 1988
Congratulates Israel and Egypt for a decade of peace based upon the Camp David accords. Calls upon other Arab states and Palestinians to join in the peace process, renounce the state of war and acts of violence, and enter into direct negotiations with Israel to achieve a lasting peace.
United States · United States Congress · 9 September 1988
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Brigadier General Herbert Wassom in recognition of the dedicated public service of General Wassom. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 9 September 1988
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of the late Arnold Raphel, the U.S. Ambassador to Pakistan, in recognition of his dedicated public service. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 7 September 1988
Great Lakes Medical Waste Control Act - Prohibits the disposal or transport for disposal of medical waste into the waters or along the shores of the Great Lakes. Authorizes the Administrator of the Environmental Protection Agency to impose civil and/or criminal penalties against persons who violate such prohibition. Directs the Administrator to promulgate regulations, within nine months of this Act's enactment, governing the generation, transportation, storage, treatment, and disposal of medical waste in the Great Lakes States. Requires the Under Secretary for Oceans and Atmosphere of the National Oceanic and Atmospheric Administration to conduct a monitoring and research program under the Marine Protection, Research, and Sanctuaries Act of 1972 designed to protect human health and the environment from the adverse effects of medical waste found in and along the shores of the Great Lakes. Directs the Administrator to issue guidance, within 18 months of this Act's enactment, to all generators of infectious waste located in Great Lakes States on methods to reduce the volume and infectious quality of medical waste. Requires that copies of such guidance be provided to the Congress in a timely manner. Provides that this Act shall not be construed to prohibit the imposition of State and local laws in Great Lakes States that are more stringent than the requirements established by the Administrator pursuant to this Act.
United States · United States Congress · 7 September 1988
Pays tribute to the Burmese people for their courage and commitment in supporting the restoration of democracy. Condemns the killing of unarmed demonstrators. Urges the Government of Burma to refrain from using force against peaceful protesters. Supports the restoration of democracy in Burma. Urges the establishment of a transitional body to facilitate the establishment of a democratic government. Urges appropriate third parties to consider favorably requests to facilitate the departure of present or former Burmese officials. Calls upon the executive branch to review U.S. assistance programs in Burma. Expresses willingness to consider proposals to assist Burma's economic recovery.
United States · United States Congress · 4 August 1988
Pays tribute to the friendship between the Republic of Korea and the United States. Supports the choice of Seoul as the host city for the 1988 Summer Olympic Games and commends the Seoul Olympic Organizing Committee for its work. Urges the Democratic People's Republic of Korea to participate in the Games as an important gesture in the reduction of tensions in northeast Asia.
United States · United States Congress · 3 August 1988
Commends President Vassiliou of Cyprus and Turkish Cypriot leader Denktash for agreeing to meet to resolve the Cyprus issue. Congratulates United Nations Secretary General Javier Perez de Cuellar for arranging the meeting and expresses support for continued U.N. mediation in Cyprus.
United States · United States Congress · 28 July 1988
Condemns the Romanian Government's systematic violation of human rights. Protests the planned program of destruction of traditional settlements in violation of human rights, minority cultural rights, and property rights. Urges institutional reforms by the Romanian Government to comply with international agreements, including the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Universal Declaration of Human Rights. Urges continued presidential and Secretary of State action to bring about reforms. Urges the President not to consider providing any special benefit for Romania until a thorough human rights reform is instituted, including substantial actual improvement in the right of emigration, the rights of national minorities, and freedom of religion.
United States · United States Congress · 14 July 1988
Expresses U.S. support for the restoration of full and genuine democracy in Chile. Condemns Chilean violence. Urges the Chilean Government to create a climate of freedom and fair competition before the upcoming plebiscite by guaranteeing termination of states of exception, registration of voters, access to the media, freedom of assembly, access by international visitors to polling places, and the public tabulation of ballots.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 13 July 1988
Condemns human rights suppressions and civil liberties violations by the Nicaraguan Government. Declares that the expulsion from Nicaragua of U.S. diplomatic representatives is intolerable. Calls on Nicaragua to implement true democratic reforms in keeping with the Esquipulas II and Sapoa accords and to comply with international standards concerning the treatment of political prisoners. Urges Central American leaders to convene and assess the conditions in Nicaragua. Urges both parties to the Nicaraguan conflict to abide by the ceasefire and resume peace negotiations.
United States · United States Congress · 28 June 1988
College Savings Bond Act of 1988 - Authorizes the Secretary of the Treasury to issue college savings bonds in the interest of encouraging long-term savings for postsecondary education. Amends the Internal Revenue Code to exclude from the gross income of an individual any interest on college savings bonds to the extent these proceeds are used to pay the qualified educational expenses (tuition, fees, books, supplies, reasonable living expenses) of the taxpayer, spouse, child, or dependent at an institution of higher education, including a postsecondary vocational school. Decreases the permissible exclusion for taxpayers having adjusted gross income above $60,000, allowing no exclusion if income exceeds $80,000.
United States · United States Congress · 28 June 1988
In-Flight Emergency Medical Assistance Act - Exempts from liability for damages, except in cases of gross negligence, any physician who, in good faith, provides emergency medical care to a person: (1) aboard an aircraft for a regularly scheduled commercial flight; or (2) being transported from the aircraft to a medical facility for treatment.
United States · United States Congress · 16 June 1988
Comprehensive Anti-Drugs Act of 1988 - Title I: Demand Reduction and User Accountability - Subtitle A: User Accountability Act of 1988 - Makes any individual who is convicted of two or more drug or narcotic offenses, or any offense consisting of the distribution of a controlled substance, ineligible for Federal benefits for a specified period. Authorizes the Attorney General to assess a civil penalty on any person who violates the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act. Directs that the proceeds from any penalty be allocated equally to drug education, treatment, and State and local narcotics assistance as the Attorney General shall prescribe. Limits the amount of such penalty. Directs the Attorney General to study the feasibility of prosecuting Federal drug-related offenses in a manner alternative or supplemental to the current criminal justice system and to report the results of such study to the Congress. Provides for the withholding of Federal highway funds to States which do not have in effect and enforce a law which revokes or suspends for a period of not less than: (1) six months the driver's license of a person who is convicted after the date of the enactment of this Act of a violation of the CSA, or for any drug or narcotic offense chargeable under the law of such State or any other State; and (2) one year the driver's license of a person who, in a five-year period, is convicted of more than one of certain offenses. Provides for the apportionment of withheld funds after compliance and for the use of such funds for other projects in the event of noncompliance. Subtitle B: Drug-Free Schools and Businesses Act of 1988 - Requires, as a condition of receiving any Federal contract or assistance, that the recipient maintain a drug-free workplace or activity. Requires the Federal agency administering such contract or assistance to make the recipient aware of such requirement. Requires the agency to terminate the contract or assistance and not to enter into any further contract or assistance with the recipient until such recipient demonstrates effective compliance if the agency, after an opportunity for an agency hearing on the record, determines that a recipient has not complied with such requirement. Specifies that a good faith effort to maintain a drug-free workplace or activity is sufficient to satisfy the requirement. Subtitle C: Drug Testing in the Federal Criminal Justice System - Requires the Attorney General to provide for the mandatory drug testing and retesting of all arrestees for Federal drug-related offenses. Makes it a mandatory condition of release that the individual refrain from the illegal use of any controlled substance. Makes it a mandatory condition of parole that: (1) the parolee submit to regular drug tests administered under the authority of the person supervising the parolee; and (2) the parolee refrain from the use of any controlled substance without a prescription. Makes the latter requirement a mandatory condition of probation. Provides for the random testing of probationers by each probation officer. Subtitle D: Increased and Expanded Treatment of Drug Abuse - Amends the Public Health Service Act (PHSA) to provide for the reduction of the waiting period for drug abuse treatment. Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for the purpose of expanding the capacity of grantees to carry out drug abuse treatment programs. Prohibits the Secretary from making a grant to an applicant unless such applicant: (1) is experienced in the delivery of drug abuse treatment services; (2) is, on the date the application is submitted, carrying out a program for the delivery of such services; (3) as a result of the number of requests for admission into the program, is unable to admit any individual any earlier than one month after the date on which the individual makes a request for such admission; and (4) provides satisfactory assurances to the Secretary that, after funding is no longer available under this Act, the applicant will have access to financial resources sufficient to continue the program. Sets forth further conditions on the making of grants under this Act. Requires independent evaluations of federally-funded drug treatment programs and research into methods of such treatment. Requires the Secretary, in carrying out such evaluations, to: (1) assess the comparative effectiveness and costs of the various methods of treatment utilized for specific patient groups; (2) clarify research and treatment objectives and methodologies; and (3) determine whether entities carrying out such programs have organizational biases with respect to such treatment and the extent to which they are contributing to progress in the development of effective methods of treatment. Directs the Secretary to complete the required evaluation and submit a report of the findings to the Congress within one year. Requires the Director of the Office for Substance Abuse Prevention of the Public Health Service to make grants and enter into contracts to establish: (1) support groups for parents and families of individuals who abuse drugs; and (2) counseling and referral services for such parents and families. Authorizes appropriations. Authorizes appropriations for prevention, treatment, and rehabilitation model projects for high risk groups. Authorizes appropriations for a preventive health services block grant. Authorizes appropriations for emergency substance abuse treatment and preventive rehabilitation. Provides for increased State grants for demonstration projects for the provision to expectant mothers of outpatient residential treatment services. Amends the Rehabilitation Act of 1973 to exclude from the definition of the term "individual with handicaps" any individual who uses, or is addicted to, illegal drugs, with exceptions. Subtitle E: Drug Education Amendments - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations and require that local applications for grants under such Act describe: (1) the extent and nature of the current illegal drug and alcohol problem in each school of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor the effectiveness of its program. Requires an applicant to submit to the State educational agency a progress report on the first two fiscal years of its plan in order to receive the third year's funding. Prohibits such agency from awarding funds for the third year unless it determines that such report shows reasonable progress toward accomplishing the objectives of its plan and of this Act. Requires each State to submit an annual report containing specified information on State or local programs. Restricts the amount of funds allocated for use by a State for the administrative costs of the chief executive officer of such State. Allows a small number of individuals who are not high risk youth to participate in programs for high risk youth if their participation does not significantly diminish the amount or quality of services provided. Subtitle F: Drug-Free Public Housing Act of 1988 - Drug-Free Public Housing Act of 1988 - Directs the Secretary of the Department of Housing and Urban Development (HUD) to establish a clearinghouse to collect information regarding drug abuse in public housing projects in order to respond to public inquiries for assistance and provide referrals. Directs the Secretary to establish a regional program for the training of public housing officials to educate them to the widespread abuse of controlled substances in the communities in which they work. Requires that such program be conducted within 12 months after enactment of this Act by a national training unit established by the Secretary. Title II: Drug Law Enforcement - Subtitle A: Death Penalty for Drug Kingpins - Drug Kingpin Act of 1988 - Amends the CSA to subject to the death penalty any individual who intentionally engages in conduct during the course of a continuing criminal enterprise that results in the death of another individual and who is the principal organizer of the enterprise, if the violation involves a specified quantity of a controlled substance. Sets forth procedural safeguards, such as the right of the accused to reasonable notice that the Government will seek the death penalty. Requires the Government to set forth the aggravating factors which it will seek to prove as the basis for such sentence. Authorizes the court to permit the Government attorney to amend such notice upon a showing of good cause. Provides for a separate sentencing hearing to determine punishment in cases where the Government has filed such a notice and the defendant is found or pleads guilty to an offense which might subject him to the death penalty. Permits information to be presented at the sentencing hearing as to any matter relevant to the sentence or to mitigating or aggravating factors, regardless of its admissibility as evidence at criminal trials, unless its probative value is substantially outweighed by the danger of prejudice, confusion of the issues, or misleading the jury. Grants the Government and the defendant the opportunity to present and rebut information. Specifies the order and burden of proof. Establishes guidelines for the jury or court to follow in considering the information and returning its findings. Directs the court to sentence the defendant to death upon a finding that such a sentence is justified. Specifies mitigating and aggravating factors to be considered. Directs the judge to instruct the jury that it shall not consider the defendant's race, color, national origin, creed, or sex in reaching its decision. Authorizes the court to impose a sentence of life imprisonment without the possibility of parole. Sets forth procedures and standards of review for appeals of the death sentence. Subtitle B: Exclusionary Rule Reform - Amends the Federal criminal code to permit otherwise admissible evidence obtained as a result of a search or seizure to be admitted into evidence if such search or seizure was undertaken in an objective, reasonable, good faith belief that it was in conformity with the Fourth Amendment to the Constitution. Specifies that a showing that evidence was obtained pursuant to, and within the scope of, a warrant constitutes prima facie evidence of such good faith belief, unless obtained through intentional and material misrepresentation. Subtitle C: Authorization of Appropriations for Prisons and Prosecutors - Authorizes appropriations for FY 1989 and 1990 of such sums (and for such purposes) as are specified in the respective budgets transmitted by the President to the Congress for the Federal prison system and U.S. attorneys. Authorizes the Bureau of Prisons to lease prison facilities subject to approval in advance in appropriations Acts. Authorizes the Attorney General to issue debt instruments for purchase by the Secretary of the Treasury to finance the acquisition or construction of a facility to be used for penal or correctional purposes by the Bureau. Subtitle D: Elimination of Diversity Jurisdiction - Eliminates district court jurisdiction based on diversity of citizenship. Subtitle E: State and Local Narcotics Control Assistance - Amends the Omnibus Crime Control and Safe Streets Act to expand the purposes of the grant program to include: (1) introducing innovations in penalties for possession of a controlled substance, such as revocation or suspension of drivers' licenses, ineligibility for State grants, increased criminal and civil fines, and cost recovery of governmental expenses incurred in rehabilitation programs; (2) reducing delays in time between arrest, prosecution, adjudication, and detention of persons accused of violating State or local drug laws, including the development of an alternative or supplemental judicial system for drug-related offenses; and (3) increasing participation in multi-jurisdictional task forces for enforcing drug laws. Prohibits the use of any such grant to provide counsel to assist defendants accused of violations of the CSA or of State or local laws that establish offenses similar to those established in the CSA. Restricts expenditures of drug law enforcement grants to no more than 50% (currently, 75%) of the cost of the identified uses for which such grants are received. Authorizes appropriations. Subtitle F: Drug Enforcement Agency Personnel Support Act of 1988 - Authorizes the Attorney General to use Department of Justice (DOJ) appropriations to pay benefits to Drug Enforcement Agency (DEA) overseas personnel. Directs the Attorney General to report to the Congress within 120 days on the implementation of this subtitle. Subtitle G: Anti-Drug Manufacturing Act of 1988 - Establishes criminal penalties for: (1) polluting U.S. lands while manufacturing, distributing, or dispensing a controlled substance; and (2) creating a substantial risk of harm to human life while possessing or manufacturing a controlled substance. Subtitle H: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the CSA to establish recordkeeping and reporting requirements for the distribution, receipt, sale, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle I: Law Enforcement Officer Protection Act of 1988 - Provides a mandatory penalty (ten years imprisonment, to run concurrently with any other term, and/or a fine) for using a firearm in committing assaults on Federal officers. Establishes penalties for the possession of firearms or dangerous weapons in a Federal courthouse. Permits the court to consider pretrial detention for certain firearms and explosives offenses. Extends the possession of explosives offense to certain airports and increases penalties for possessing explosives in such airports and in Federal buildings. Increases penalties for using an explosive in the commission of a Federal felony. Makes it unlawful for any person to transfer a firearm to any business that does not maintain a place of business in the State in which the transferor resides. Deletes the requirement that stolen firearms and ammunition be in interstate commerce to be a Federal offense. Makes trafficking in firearms without serial numbers unlawful. Authorizes the Attorney General to: (1) make payments from DOJ appropriations for expenses necessary for hosting the General Assembly of INTERPOL's annual meeting and for the periodic sponsorship of INTERPOL conferences relating to international crime; and (2) solicit, accept, and make gifts in connection with certain INTERPOL activities, with specified restrictions. Requires the Attorney General to: (1) promulgate rules for such soliciting, accepting, and giving gifts to avoid creating a conflict of interest; and (2) report annually to the Congress regarding all such gifts. Authorizes electronic communications providers to disclose specified information to a governmental entity under certain circumstances. Subtitle J: Anti-Public Corruption Act of 1988 - Anti-Public Corruption Act of 1988 - Establishes the offense of public corruption and sets penalties for individuals who endeavor by scheme or artifice to deprive the inhabitants of a a State (or political subdivision thereof): (1) of the honest services of a State official or employee; or (2) of a fair and impartial election through fraud. Specifies that, in the case of a conviction under this subtitle for which the motive was to facilitate or further a violation of the CSA or CSIEA, if the maximum imprisonment otherwise provided is less than 20 years, such maximum imprisonment shall be 20 years. Adds public corruption as a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO) and as a basis for authorizing a wiretap. Subtitle K: Increased Penalties - Amends the CSA to provide increased penalties for crack violations. Amends the CSA and CSIEA to provide civil penalties for certain violations involving heroin or cocaine. Subtitle L: Amendments to the Money Laundering Control Act - Amends the Money Laundering Control Act to: (1) include electronic fund transfers in the definition of "monetary instruments"; and (2) encompass property that has been represented to be the proceeds of unlawful activity. Subtitle M: National Forest System Drug Control - Amends the National Forest System Drug Control Act to grant certain powers to special agents and law enforcement officers within and outside the boundaries of the National Forest System if in hot pursuit. Directs the U.S. Forest Service to: (1) oversee investigations and enforcement activities and prepare national and regional strategy plans in coordination with the DEA and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the CSA as such activity relates to the manufacture, distribution, or dispensing of marijuana or other controlled substances within the National Forest System. Subtitle N: United States Postal Service Authority Expansion - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant: (1) the U.S. Postal Service authority to subject to forfeiture specified drugs and drug-related contraband articles; and (2) certain Postal Service officers and employees authority to perform enforcement functions performed by DEA officers or employees. Subtitle O: United States Marshals Service Act of 1988 - United States Marshals Service Act of 1988 - Establishes the United States Marshals Service as a bureau within the Department of Justice. Directs the President to appoint a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia. Sets forth procedures for filling vacancies in the office of a U.S. marshal. Specifies the powers and duties of the Service. Allows the Attorney General to exempt the procurement of contract services under the Department of Justice Assets Forfeiture Fund from certain procurement guidelines if necessary to maintain the security and confidentiality of related criminal investigations. Prescribes a schedule of fees that the Service may collect. Authorizes the Attorney General to use funds appropriated to the Service for the support of U.S. prisoners in non-Federal institutions. Subtitle P: Assimilative Crimes Act Amendments of 1988 - Amends the Federal criminal code to provide that the criminal penalty for operating a motor vehicle under the influence of a drug or alcohol in a special maritime or territorial jurisdiction of the United States shall be the punishment provided under the law of that State, territory, possession, or district. States that whoever operates a motor vehicle in such a jurisdiction consents to certain tests if arrested for driving under the influence of a drug or alcohol. States that any person refusing to submit to such tests shall be denied the privilege of operating a motor vehicle for one year. Subtitle Q: National Guard Drug Law Enforcement Assistance Act of 1988 - Provides that the consent of a Governor may not be withheld with regard to the provision of National Guard assistance to civilian law enforcement officials. Subtitle R: Drug Law Enforcement in Public Housing Projects - Authorizes the Secretary of HUD to establish a demonstration project providing grants to public housing agencies to permit such agencies to prevent drug-related crimes in public housing projects through: (1) the establishment and operation of public housing security and protective services for such projects; or (2) the reimbursement of local law enforcement agencies for additional security and protective services for such projects. Subtitle S: Study of Improvements to Monetary Rewards - Directs the Attorney General to study and report to the Congress concerning: (1) ways to increase cooperation and assistance for drug law enforcement from informants eligible for rewards from the Asset Forfeiture Fund; and (2) the feasibility of establishing a bounty system for alternative rewards. Subtitle T: Deportation of Aliens Amendment - Allows a court, on motion of the Government, to exempt from deportation provisions of the Immigration and Nationality Act an alien who has provided substantial assistance in the investigation or prosecution of a person who has committed a drug offense under the CSA. Subtitle U: Steroid Control Act - Amends the CSA to include methandrosterolone as a Schedule I substance (a drug or substance with a high potential for abuse, which has no currently accepted medical use in treatment in the United States, and which lacks any accepted safety use under medical supervision). Subtitle V: Task Force on Clandestine Drug Laboratories - Joint Federal Task Force on Clandestine Drug Laboratories Establishment Act of 1988 - Establishes the Joint Federal Task Force on Clandestine Drug Laboratories. Directs the Task Force to formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by clandestine drug laboratories. Provides for periodic reports by the Task Force to the President and to each House of the Congress. Subtitle W: Additional Penalties for Operation of a Locomotive or Common Carrier While Under the Influence of Alcohol or Drugs - Provides penalties for the operation of a locomotive common carrier while under the influence of alcohol or drugs. Subtitle X: Miscellaneous Technical Amendments - Sets a mandatory minimum penalty for trafficking in a specified quantity of methamphetamine. Prohibits and establishes penalties for conducting a financial transaction involving the proceeds of specified unlawful activity with the intent to violate the Internal Revenue Code. Title III: International Drug Control - Subtitle A: Multinational Anti-Drug Strike Force - Directs the President to develop a plan to establish a multinational strike force to combat illicit narcotics production and trafficking in the Americas and in Asia. Encourages the President to enter into negotiations with other nations to implement such strike forces. Requires the President to submit to the Congress a report describing such plan and detailing actions taken to implement such strike forces. Subtitle B: Amendments to the Foreign Assistance Act - Amends the Foreign Assistance Act of 1961 (FAA) to provide for exemptions from the prohibition on using international narcotics control assistance to procure weapons or train foreign police forces if the President determines that such assistance or training is necessary to combat illicit drug production or trafficking. Subtitle C: Sense of Congress on the Convening of a Summit of Western Hemisphere Nations Concerning Drug Abuse - Urges the President to convene a meeting of the heads of government of countries in the Western Hemisphere in which illicit drug production, transit, or use is a problem to reach agreement on enhancing international cooperation and information sharing. Subtitle D: Sense of Congress on Suppression of International Narcotics Trafficking - Expresses the sense of the Congress that the suppression of international narcotics trafficking is the most important national security objective within the Western Hemisphere. Subtitle E: Authorization of Appropriations for Assisting Law Enforcement Authorities in Certain Foreign Countries - Authorizes appropriations for FY 1989 for: (1) education and training of law enforcement authorities in certain foreign countries to enhance drug interdiction and eradication efforts; and (2) military assistance for such efforts, especially with respect to rapid deployment capabilities. Subtitle F: Extradition and Mutual Legal Assistance Treaties - Directs the Secretary of State to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Subtitle G: Export-Import Bank Financing for Defense Against Narco-Terrorists - Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with a credit sale of defense articles or services to a major illicit drug producing or drug-transit country if the President certifies to the Congress that such country needs such articles or services in combatting illicit drug production or trafficking. Subtitle H: Increased Intelligence Capabilities - Amends the National Security Act of 1947 to provide that a special activity directed at illicit international drug trafficking shall be deemed to be important to national security for purposes of requirements for presidential approval. Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the use of information concerning illicit drug trafficking obtained by electronic surveillance conducted for foreign intelligence purposes to combat such trafficking. Subtitle I: Mexico-United States Intergovernmental Commission - Amends the International Narcotics Control Act of 1986 to provide for the appointment of Members of Congress to and funding, reporting requirements, and the initial meeting of the Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control. Title IV: Interdiction Improvement - Subtitle A: Use of Armed Forces for Interdiction of Narcotics at United States Borders - Requires the President to use the U.S. armed forces to locate, pursue, and seize aircraft and vessels carrying narcotics, deploy radar and pursuit aircraft, and use the National Guard and Reserves to halt the unlawful penetration of U.S. borders within 45 days after the enactment of this Act. Directs the President to: (1) report to the Congress on the impact and costs of this Act and recommendations for changes in existing law; and (2) submit to the Congress a request for the amount of funds spent and the amount needed to continue the program through FY 1988 and 1989. Provides for a separate budget request, beginning with FY 1990, for funds for the drug interdiction program. Subtitle B: Department of Transportation Study of Establishing Flight Corridors - Directs the Secretary of Transportation to: (1) study the feasibility of establishing flight corridors across the sourthern borders of the United States, including the policy of interdicting aircraft which deviate from such corridors; and (2) report the results of such study to the Congress within 180 days. Subtitle C: Maritime Drug Law Enforcement and Enhancement Act of 1988 - Maritime Drug Law Enforcement and Enhancement Act of 1988 - Chapter 1: Drug Enforcement Budget Improvement - Requires: (1) the President to submit annual reports on Federal drug enforcement expenditures; and (2) each congressional committee to issue a report, by March 15 of each year, describing estimates of the budget required by each agency for the following fiscal year to effectively implement illegal drug enforcement programs within such committee's jurisdiction. Chapter 2: Coast Guard Drug Interdiction Enhancement - Expands the Coast Guard's maritime air surveillance and interdiction authority. Authorizes the Secretary of the department in which the Coast Guard is operating (currently, the Coast Guard) to make inquiries, examinations, inspections, searches, and seizures of aircraft subject to U.S. jurisdiction or law (current law applies only to vessels), order such aircraft to a landing area, and take any other lawful action. Amends the Tariff Act of 1930, as amended, to make moneys from the Customs Forfeiture Fund available to the Coast Guard. Authorizes the commanding officer of a Coast Guard vessel or aircraft, or of a surface naval vessel on which a Coast Guard member is assigned, to fire upon a vessel which does not stop upon being ordered to do so or on being chased. Provides for indemnification of: (1) all persons acting under such commanding officer from any penalties or actions for damages for firing upon such vessel; and (2) Coast Guard members and employees against any claim or judgment which arises out of an act committed within the scope of their official duties in carrying out drug enforcement activities. Authorizes appropriations for the Coast Guard. Directs the Secretary of Transportation to submit to the Congress a draft of legislation relating to special restrictions and inspections for vessels arriving from drug producing countries. Amends the CSA to prohibit the forfeiture of specified vessels under such Act unless it appears that the owner was a consenting party to a violation of such Act. Chapter 3: Great Lakes Drug Interdiction - Directs the Secretary of Transportation and the Commissioner of Customs to enter into an agreement to increase the effectiveness of maritime drug interdiction activities in the Great Lakes area. Provides for increased use of long-range surveillance aircraft in such area. Directs the Secretary of State to enter into negotiations with the Government of Canada to establish an agreement for increased cooperation and information sharing with respect to illegal drug interdiction efforts along the U.S.-Canadian border. Chapter 4: Vessel Identification - Defines "United States vessel" and "documented vessel." Requires the identification of the individual designated as the agent of the owner of the vessel on the certificate of documentation for such vessel. Directs the Secretary of Transportation to establish and maintain a central depository of information relating to the ownership of U.S. vessels. Chapter 5: Reorganization to Coordinate Maritime Law Enforcement Programs - Federal Maritime Administration Act - Establishes the Federal Maritime Administration (FMA) with the Department of Transportation, consisting of the Coast Guard and the National Maritime Service and headed by the Under Secretary for Maritime Affairs and Readiness. Specifies the duties of the Under Secretary. Provides for an Office of Drug Interdiction Coordination within the FMA. Renames the existing Maritime Administration. Transfers certain maritime functions of the National Ocean Service and National Weather Service. Redesignates the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration as the Commissioned Officer Corps of FMA. Provides for incidental transfers, terminations, and miscellaneous provisions. Establishes the Merchant Marine Reserve within the Coast Guard Reserve. Directs the Secretary of Transportation to: (1) issue final regulations to implement this chapter within one year; and (2) make recommendations to the Congress regarding the consolidation of budget authority. Subtitle D: Prohibition on Reissuance of Airman Certificates - Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman certificate to any person whose certificate has been revoked.
United States · United States Congress · 16 June 1988
International Narcotics Control Act of 1988 - Title I: Latin American Regional Anti-Narcotics Force - Expresses the sense of the Congress concerning the need for a Latin American regional anti-narcotics force. Instructs the President to direct the U.S. representative to the Organization of American States (OAS) to consult with other member nations on the feasibility of establishing a Latin American regional anti-narcotics force and developing a comprehensive regional strategy for dealing with narcotics production and trafficking. Directs the President to call for a meeting of heads of state of member nations, if there is a positive response within OAS, to conclude an agreement for: (1) the establishment of such a force, with appropriate member contributions of personnel, training, equipment, and financial resources; and (2) the development of such a strategy. Requires the President to direct the Secretary of Defense to provide appropriate assistance for the force. Authorizes appropriations. Requires the President to notify specified congressional committees not less than 15 days before obligating funds authorized under this title. Expresses the sense of the Congress that the Assistant Secretary of State for International Narcotics Matters (Assistant Secretary) should: (1) seek the establishment of a regional anti-narcotics training center in the Caribbean; and (2) contribute funds or other resources and seek contributions from other countries to such a center. Urges the President to seek the establishment of other regional anti-narcotics forces. Title II: Foreign Assistance Programs - Subtitle A: Authorizations and Earmarkings of Assistance - Amends the Foreign Assistance Act of 1961 (FAA) to authorize FY 1989 appropriations for narcotics international control assistance to other countries and to international organizations. Sets a minimum expenditure level for the testing and use of safe, effective herbicides for aerial eradication of coca. Makes available a portion of FY 1989 grant military assistance funds to arm, for defensive purposes, extant aircraft used in narcotic control eradication or interdiction efforts. Applies the standard 15 days' notice requirement to specified congressional committees in connection with this reprogramming. Earmarks amounts from funds for international military education and training to be used solely for: (1) education and training involving equipment used in narcotics interdiction and eradication efforts in Latin America and the Caribbean; and (2) the expenses of deploying Department of Defense mobile training teams in a requesting country to conduct training in military-related skills to improve its tactical operations in narcotics interdiction. Limits this assistance to foreign law enforcement agencies or other units organized expressly for narcotics enforcement and to countries that meet criteria set out in this title. Waives provisions that would prohibit the use of grant military assistance funds to procure weapons or ammunition for foreign law enforcement entities when they are organized specifically for narcotics enforcement in countries meeting the criteria of this title. Directs the President to report to the Congress within 15 days before funds are obligated for this type of assistance. Describes required report contents. Provides for human rights reporting with respect to countries authorized to receive assistance. Earmarks an amount to be available solely for assistance for countries in Latin America or the Caribbean. Directs the President to reallocate funds withheld from countries failing to take adequate steps to halt illicit drug production or trafficking for use by countries that have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking. Prescribes conditions to govern transfers among international narcotics control assistance funds and reprogramming of security assistance resulting from these reallocations. Authorizes supplemental FY 1989 appropriations for activities to increase awareness of the effects of illicit narcotic production and trafficking on source and transit countries. Subtitle B: Provisions Relating to Specific Countries - Urges the Assistant Secretary for International Narcotics Matters to pay greater attention, and provide more narcotics control assistance, to those countries that are drug-transit countries (but not major ones) cooperating with U.S. international narcotics control efforts. Earmarks a minimum FY 1989 amount to be available for their assistance. Permits security assistance to Bolivia for FY 1989 only if the President certifies to the Congress that the Government of Bolivia has enacted specified types of legislation to eradicate illicit coca production. Sets nonwaivable conditions that the Government of Bolivia must meet before the President may make the certification necessary to obligate and expend FY 1989 U.S. assistance funds suspended because of major illicit drug activities (certification). Requires that project agreement documents for projects in Bolivia contain a clause calling for suspension of FY 1989 development assistance if the Government of Bolivia fails to keep project areas free of illicit coca cultivation. Deletes a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 that earmarked funds for narcotics interdiction and control programs for Bolivia. Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Peru, to give foremost consideration to whether the Government of Peru made substantial progress in meeting its coca eradication targets during the previous year. Describes conditions that must be met before FY 1989 funds may be made available for the Agency for International Development's project in the Upper Huallaga Valley of Peru. Limits FY 1989 international narcotics control assistance made available for Mexico. Withholds a portion of these funds until the President reports to the Congress the Mexican Government's compliance with conditions relating to the murder and torture of Drug Enforcement Administration (DEA) agents. Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Mexico, to consider the Mexican Government's response to U.S. proposals to establish and implement a joint U.S.-Mexico airborne apprehension capability and air surveillance operations. Encourages the Government of Mexico, upon ratification of the Mutual Legal Assistance Treaty with the United States, to furnish banking information pursuant to the treaty that would permit the successful U.S. investigation and prosecution of major narco-terrorists who use Mexican financial institutions to launder their profits. Includes Colombia among the countries authorized to have more than six members of the U.S. armed forces assigned to carry out international security assistance programs. Authorizes supplemental FY 1989 appropriations to be used exclusively for defense articles to the Colombian armed forces to support their anti-narcotics efforts. Earmarks amounts to assist Colombia in providing protection against narco-terrorist attacks on judges, other government officials, and members of the press. Requires congressional notification at least 15 days before funds may be obligated. Directs the President, in making determinations with respect to the certification necessary for assistance to Pakistan, to take into account the extent to which the Government of Pakistan is increasing specified anti-narcotics activities. Directs the President to review and report to the Congress by December 31, 1988, on U.S. narcotics raw material policy, determining what options are available to reduce U.S. reliance on licit opium gum from foreign sources. Directs the President to make a certification for FY 1989 with respect to India only if he determines that the Government of India has taken certain actions to curb illicit opium cultivation and production. Requires the President, if certification is made, to include a detailed report on what steps were taken and an estimate of the amount of licit opium still being diverted to the illicit market. Expresses the sense of the Congress that: (1) the U.S. Government should pursue efforts to press the Government of Afghanistan, and work with the Mujahadeen, to reduce heroin production and trafficking in areas under their respective control and to encourage eradication, interdiction, and crop substitution in Afghanistan; and (2) an initiative should be developed which could be put in place as the Mujahadeen and successors to the present Kabul regime begin to exert greater civil authority. Directs the President to: (1) prepare and transmit to the Congress quarterly reports containing determinations with respect to any involvement by the Government of Laos (and other governments in the region) in illicit drug production and trafficking. Describes required report contents, depending on the determinations reached. Prohibits U.S. assistance to Laos and directs the U.S. representative to any multilateral development bank to vote to oppose any loan or other use of funds for the benefit of Laos, if the Government or any senior official of Laos is involved in illicit drug production or trafficking, unless the President certifies to the Congress that overriding vital national interests require the assistance and it would improve the prospects for cooperation with Laos in halting the flow of illegal drugs. Subtitle C: Annual Report and Certification Process - Requires the President's annual report to the Congress pursuant to the FAA to: (1) express in numerical terms the maximum reductions in illicit drug production achievable during the next fiscal year; and (2) describe the U.S. assistance for the preceding fiscal year that was denied to each major illicit drug producing country and each major drug-transit country. Requires certification to include the determination that a government has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, corruption by government officials. Establishes a timetable according to which the Secretary of State must establish numerical standards and other guidelines for determining which countries will be considered as major drug-transit countries for FAA purposes. Requires reports to appropriate congressional committees in connection with these standards and their modifications. Revises the FAA definition of "bilateral narcotics agreement" for purposes of certifications made on or after March 1, 1989. Amends related FAA provisions to permit multilateral agreements as an alternative to bilateral ones. Waives restrictions on FY 1989 U.S. assistance to any major drug-transit country if the President certifies to the Congress that: (1) significant drug-related money laundering is not occurring there with government knowledge or complicity; (2) the country previously was a major illicit drug producing country but has effectively eliminated illicit drug production during each of the preceding two years; and (3) the country is cooperating fully with the United States or has taken adequate steps on its own in satisfying specified anti-narcotics goals. Revises procedures governing congressional review of presidential certifications associated with suspensions of U.S. assistance. Repeals certain amendments to the FAA definition of "United States assistance." Directs the President to report to the Congress annually, rather than biannually, listing each major illicit drug producing country and major drug-transit country. Includes this report in the required midyear report on international narcotics control activities and operations. Subtitle D: Miscellaneous Provisions - Applies the standard reprogramming procedures of the FAA to any transfer by the U.S. Government to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the Government in connection with narcotics-related activity. Requires annual reports to the Congress regarding such transfers. Expresses the sense of the Congress that suppression of international narcotics trafficking is among the most important U.S. foreign policy objectives. Directs the President to take all reasonable steps to ensure that assistance under the FAA and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe: (1) has been convicted of a violation of, or a conspiracy to violate, any U.S. or foreign law relating to narcotics, psychotropic drugs, or other controlled substances; or (2) is or has been an illicit trafficker in any such substance. Requires the President to issue regulations, subject to congressional review, specifying steps to be taken in carrying out this provision. Exempts from certain competitive procurement requirements the procurement of property or services for international narcotics control assistance on a case-by-case basis, with the Secretary's approval. Prohibits use of such exemption for procurement including more than 30 percent of funds available each fiscal year for such assistance. Prohibits the use of narcotics control assistance funds to acquire real property for use by foreign military, paramilitary, or law enforcement forces. Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with the sale of defense articles or services if the Secretary determines that the sale is to a democratic government for anti-narcotics purposes. Corrects technical errors in the FAA and in the Anti-Drug Abuse Act of 1986. Title III: Department of State Activities - Makes the Secretary of State responsible for coordinating all Government assistance to support international efforts to combat illicit narcotics production or trafficking. Requires the Secretary to submit annual reports to the appropriate congressional committees. Describes required report contents. Allows reports to be classified to the extent necessary. Amends the State Department Basic Authorities Act of 1956 to authorize appropriations, without fiscal year limitation, for use in paying rewards for information leading to the arrest or conviction of individuals for certain extraterritorial narcotics-related offenses. Directs the Secretary to revoke the passport and other travel documents of any individual convicted of any violation of a Federal or State law involving controlled substances if the offense is a felony (or of the Bank Secrecy Act or the Money Laundering Act if the Secretary determines that the violation is related to illicit production of or trafficking in a controlled substance) and if, in committing the offense, the individual used a passport or other travel document or otherwise crossed an international border. Allows the Secretary to take such action if the offense involved is a misdemeanor. Sets a ten-year (or, in the case of a misdemeanor, a five-year) period of ineligibility for a passport or other travel document from the date of conviction. Makes an exception for an individual's first conviction for a misdemeanor which involves only possession of a controlled substance. Permits exceptions in emergency circumstances or for humanitarian reasons. Empowers the President, by regulation, to prescribe procedures for indicating an individual's drug law violations on passports, other travel documents, and identification papers used during immigration and customs inspections. Authorizes appropriations for FY 1989 through 1991 for expenses of the Department of State in developing and implementing a machine readable visa system. Directs the Secretary to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Requires the Secretary and the Attorney General to jointly develop a model extradition treaty with respect to narcotics-related violations, a model mutual legal assistance treaty, and model comprehensive anti-narcotics legislation. Directs the Secretary to distribute these materials to each U.S. mission abroad and to report to the Congress within six months after enactment of this Act. Expresses the sense of the Congress that Regional Security Officers and other security personnel at U.S. embassies and other civilian posts abroad should be directed to expand their investigative activities with respect to illicit drug use and trafficking by Government personnel and their dependents. Urges the Secretary to permit the assignment of additional DEA agents to U.S. diplomatic missions in foreign countries where illicit narcotics production or trafficking is, or is likely to become, a significant problem. Title IV: Annual Certification Procedures With Respect To Multilateral Development Financing, Trade, and Aviation - Establishes a certification procedure with respect to multilateral development bank (MDB) financing for major illicit drug producing and major drug-transit countries which is separate from the certification procedure applicable to bilateral assistance under the FAA. Directs the Secretary of the Treasury, on March 1 of each year, to instruct the U.S. executive directors of the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, and the Asian Development Bank to vote against any loan or other utilization of funds to or for any major illicit drug producing or major drug-transit country, unless the President has certified to the Congress that: (1) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States or a multilateral agreement to prevent the illegal transportation, production, use, or sale of controlled substances and drug-related government corruption and money laundering in that country; or (2) the vital national interests of the United States require MDB financing for such country. Requires that the President include in any latter certification: (1) a full and complete description of the vital national interests placed at risk should MDB financing not be provided to such country; and (2) a statement weighing such risk against the risks posed to vital national interests by the failure of such country to combat narcotics. Lists factors to be considered by the President in determining whether such former certification shall be made, including whether actions of the country's government have resulted in maximum reductions in illicit drug production determined to be achievable under the FAA. Provides for congressional disapproval by joint resolution of the President's certifications. Directs the Secretary of State: (1) to establish numerical standards and other guidelines for use each year in determining which countries will be considered to be major drug-transit countries; (2) by September 1 each year, to notify the appropriate congressional committees of the standards to be used; and (3) by October 1 each year, to notify the appropriate committees of the countries likely to be determined to be major drug-transit countries and the countries likely to be determined to be major illicit drug producing countries. Makes conforming amendments to remove certification for MDB financing from the FAA. Amends provisions of the Trade Act of 1974 regarding tariff treatment of products of, and other sanctions against, uncooperative major drug producing or drug transit countries to: (1) change the congressional review period within which the Congress may enact a joint resolution of disapproval of the President's certification from 30 days to 45 days; and (2) revise the criteria for cooperation to include satisfying the goals in agreement with the United States or a multilateral agreement to combat narcotics. Makes such amendments applicable with respect to any such certification made by the President on or after March 1, 1989. Provides that a country which in the previous year was designated as a major drug producing or a major drug-transit country may not be determined to be cooperating fully under such Act unless it has in place a bilateral agreement or a multilateral agreement to combat narcotics. Provides for a waiver of otherwise applicable sanctions if the President certifies to the Congress that vital national interests require that sanctions not be applied. Directs the Secretary of State to establish numerical standards and other guidelines for determining which countries shall be considered to be major drug-transit countries under such Act.
United States · United States Congress · 14 June 1988
Expresses the grave concern of the Congress regarding the apparent discriminatory treatment of Federal Express by the Government of Japan. Urges Japan to honor its obligations under the 1985 Memorandum of Understanding and allow Federal Express to compete in the U.S.-Japan market with maximum flexibility.
United States · United States Congress · 9 June 1988
Designates August 1, 1988, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; (4) convey to U.S. allies the importance of unity regarding such Accords; (5) continue his efforts to achieve, before the end of the Vienna meeting, the release of all political prisoners of the Soviet Union, an increase in Soviet emigration, resolution of all family reunification cases, cessation of all radio transmission jamming, and the repeal of laws and practices which undermine human rights; (6) seek the inclusion, in any concluding document agreed to in Vienna, of a mechanism to sustain human rights progress after the Vienna meeting; and (7) convey to signatory states the insistence of the United States for a result at Vienna that will not favor military security at the expense of human rights.
United States · United States Congress · 8 June 1988
Extends best wishes to President Jose Napoleon Duarte of El Salvador. Expresses support for the Government and people of El Salvador and hope that President Duarte will accomplish his ambition of turning the presidency over to an elected successor.
United States · United States Congress · 2 June 1988
Urges the Government of Iran to uphold the human rights of all its nationals, including members of the Baha'i faith, and to restore fully the rights guaranteed by the Universal Declaration of Human Rights. Calls upon the President to: (1) monitor and report on developments affecting the Baha'i minority in Iran and in other countries; (2) cooperate with other governments in continuing to make appeals to Iran concerning the situation of the Baha'is; (3) initiate and support efforts in the United Nations and its agencies on behalf of the Baha'is; and (4) provide, and urge others to provide, for refugee and humanitarian assistance for those Baha'is fleeing their homelands to escape religious repression.
United States · United States Congress · 1 June 1988
Commends the President for his efforts on behalf of human rights while at the Moscow summit. Urges the Soviet Government to comply with its commitments to respect internationally recognized human rights. Reaffirms the commitment of the American people and the Congress to continue to press the Soviet Union for compliance with international agreements on human rights.
United States · United States Congress · 26 May 1988
Expresses the sense of the House of Representatives that the United States should not provide any agricultural commodities under the Food for Peace Act of 1966 or any other economic assistance to Vietnam until the Government of Vietnam fully accounts for all members of the U.S. armed forces of the Vietnam era still listed as missing.
United States · United States Congress · 25 May 1988
Manassas National Battlefield Park Amendments of 1988 - Provides for the acquisition of additional lands for the Manassas National Battlefield Park in Virginia. Requires the Secretary of the Interior to cooperate with the Commonwealth of Virginia to promote the scenic preservation of views from within the park. Authorizes appropriations for the construction of a highway in the vicinity of the park. Limits to 50 percent the Federal share of the cost of construction of such highway.
United States · United States Congress · 19 May 1988
Declares it to be the policy of the United States that employers should give reasonable advance notice to employees affected by major employment reductions. Directs the Secretary of Labor (the Secretary) to encourage: (1) employers to comply with such policy, both directly and by communications with trade associations and other employer organizations; and (2) employer organizations to develop codes of ethics or other mechanisms to publicize and promote such policy among their members. Directs the Secretary to: (1) collect data on the extent to which businesses give or do not give advance notice of major employment reductions, as well as on the circumstances surrounding such reductions; and (2) compile such data and, on request, make it available to the Congress. Authorizes the Secretary to: (1) investigate flagrant instances in which such reductions occur without advance notice; and (2) publicize the facts and circumstances surrounding such instances. Directs the Secretary to make recommendations to deter such occurrences. Requires each government contractor who is required to file a written affirmative action compliance program (pursuant to regulations issued under a specified Executive Order) to specify as an appendix to such program the minimum period of advance notice, and any exceptions thereto, that the contractor will give of major employment reductions. Provides that the substance of such appendix shall not be subject to review or approval by the Secretary or the contracting agency. Provides that nothing in this Act shall be considered to require any advance notice that would interfere with an employer's ability to raise financing necessary to prevent major employment reductions or otherwise impede the continuance of operations.
United States · United States Congress · 19 May 1988
Protests Soviet human rights violations, especially its restrictive emigration regulations. Calls upon: (1) the Soviet Union to release all prisoners of conscience; and (2) the President to stress at the upcoming summit meeting in Moscow the inherent link between respect for human rights and the achievement of lasting peace.
United States · United States Congress · 17 May 1988
Expresses the sense of the Congress that the Department of Justice should proceed with the apprehension and prosecution of General Noriega of Panama and that pending charges should not be dismissed.
United States · United States Congress · 4 May 1988
Designates specified land as the Manassas National Battlefield Addition. Directs the Secretary of the Interior to acquire land within the boundaries of the Addition and to administer such lands as part of the Manassas National Battlefield Park, Virginia. Authorizes appropriations.
United States · United States Congress · 3 May 1988
Comdemns the Government of Ethiopia for its use of food as a weapon, its forced resettlement program, and its human rights record. Urges: (1) the Government of Ethiopia to allow the international relief campaign to resume; (2) the Tigrean People's Liberation Front and Eritrean People's Liberation Front to cease attacks upon relief vehicles and relief distribution points; and (3) the President and Secretary of State to press the Ethiopian Government for agricultural reforms, to press for a political settlement to the Ethiopian conflict, and to engage in direct discussion with the Soviet Union to achieve that objective. Urges and authorizes the President to impose such economic sanctions upon Ethiopia as he deems appropriate if Ethiopia engages in specified activities, including forced resettlement and the diversion or denial of international relief. Directs that sanctions imposed include those which substantially affect the major exports of Ethiopia. Authorizes the imposition of sanctions which involve the prohibition or curtailment of exports to Ethiopia under, and subject to the requirements of, provisions of the Export Administration Act of 1979 relating to national security requirements. Directs the President to report to the Congress every 60 days on whether the Government of Ethiopia engaged in any of the proscribed activities and on any U.S. response to such conduct.
United States · United States Congress · 28 April 1988
Defense Savings Act - Directs the Secretary of Defense to: (1) close or realign military installations as recommended by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission; and (2) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines certain conditions to such closures or realignments, including timely notice to the Congress of the Secretary's decision to accept and implement all of the closures and realignments recommended by the Commission. Terminates the authority of the Secretary to carry out any closure or realignment as of October 1, 1995. Directs the Commission, no later than December 31, 1988, to transmit its report to the Secretary and to the appropriate congressional committees with a certification that it has identified all the military installations to be closed or realigned by reviewing all military installations inside the United States. Authorizes the Secretary to: (1) carry out appropriate action to implement any such closure or realignment; (2) provide appropriate economic adjustment and community planning assistance to communities affected by any such closure or realignment; (3) carry out appropriate activities for the purpose of environmental restoration; (4) sell or exchange any real property under the control of the Department of Defense and located at such an installation; and (5) deposit funds received from any such sale or exchange into the Department of Defense Base Closure Account. Outlines administrative procedures in connection with the sale or transfer of property in connection with a closure or realignment to a Federal, State, or local government entity. Requires the Secretary to include specified information concerning such closures or realignments as part of each annual request to the Congress for authorization of appropriations. Requires the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission and to report the findings and conclusions to the Commission and to the appropriate committees of the Congress no later than September 15, 1988. Requires the Secretary to notify the Congress in writing when a decision is made to carry out a construction project to facilitate a closure or realignment and the amount required for such project is greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account and authorizes appropriations to be transferred to such Account. Requires the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, to report to the appropriate congressional committees on the amount and nature of deposits into, and expenditures from, the Account during such fiscal year. Requires another report from the Secretary, no later than 60 days after the termination of the authority of the Secretary to carry out an alignment or closure under this Act, concerning funds used and remaining in such Account.
United States · United States Congress · 28 April 1988
Protests Soviet human rights violations, especially the restrictive emigration regulations. Calls upon the President to use the upcoming summit meeting in Moscow to stress the inherent link between respect for human rights and the achievement of lasting peace.
United States · United States Congress · 27 April 1988
Miscellaneous International Affairs Authorizations Act of 1988 - Title I: Overseas Private Investment Corporation - Overseas Private Investment Corporation Amendments Act of 1988 - Amends the Foreign Assistance Act of 1961 to update and increase the per capita income levels established for countries with respect to which the Overseas Private Investment Corporation is required to either give preferential consideration (the least developed countries) or restrict its activities (the higher income developing countries). Authorizes the Corporation to designate up to 25 percent of any loan from the Direct Investment Fund for use by a project sponsor in the development or adaptation in the United States of new technologies or new products or services that are likely to contribute to the economic or social development of less developed countries. Authorizes the Corporation to establish a four-year pilot program in sub-Saharan Africa and the Caribbean Basin to assist eligible projects through the provision of limited equity capital. Requires the Corporation in conducting such pilot project, to give preferential consideration to projects sponsored by or significantly involving U.S. small businesses or cooperatives. Authorizes the Corporation to establish a fund to be available solely for the purposes of such pilot project and to make a one-time transfer to such fund of a specified amount from its income and revenues. Requires the Corporation to undertake cooperative programs with the private insurance industry designed to enhance the private political risk insurance industry in the United States. Requires the Corporation to establish a group to advise the Corporation on the development and implementation of such cooperative programs. Requires the Corporation to include in its annual report to the Congress an assessment of such programs. Specifies the types of information to be included in such assessment. Increases the ceiling on the Corporation's investment guaranty authority. Extends the authority of the Corporation to issue investment insurance and guaranties until September 30, 1992. Removes Romania from the list of countries eligible for Corporation programs upon a finding that such programs in those countries would be in the national interest. Adds Hungary to such list. Title II: Board for International Broadcasting - Amends the Foreign Relations Authorization, Fiscal Years 1988 and 1989 to authorize appropriations to the Board for International Broadcasting for radio transmitter construction and modernization. Authorizes appropriations for the construction of a relay station in Israel. Division B - International Security and Development Cooperation Act of 1987 - Title I: Military Assistance and Sales and Related Programs - Amends the Arms Export Control Act to authorize appropriations for FY 1988 and 1989 for the Foreign Military Sales (FMS) program. Limits the aggregate amount of FMS credit which may be extended for FY 1988 and 1989. Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1988 and 1989 for: (1) the military assistance program (MAP); and (2) international military education and training (IMET). Specifies that human rights training shall be an important component in IMET programs. Earmarks a specified amount of IMET for the U.S. Army School of the Americas. Authorizes appropriations for FY 1988 and 1989 for international peacekeeping operations. Authorizes the President to enter into cooperative training agreements with major non-NATO allies. Authorizes the President to contract for the procurement of the replacement of major defense equipment if the eligible country or international organization provides the United States with a dependable undertaking which will assure against any loss on the contract. Authorizes the President to provide financing to Israel for the procurement by leasing of defense articles from U.S. commercial suppliers if the President determines that such an arrangement would be justified for compelling foreign policy or national security reasons. Allows loan agreements made on market rate terms since October 1, 1984, to be amended to fix the interest rates applicable to undisbursed funds as of the time each disbursement is made. Authorizes the President to waive the interest penalty on FMS arrearages under specified circumstances. Requires that, for FY 1988 and 1989, $250,000 of the registration fees for munitions control licenses shall be credited to a Department of State account to be made available (without fiscal year limitation) for the payment of expenses incurred in automating munitions control functions and processing munitions control license applications. Disqualifies for FMS financing for 12 months any contract of a person convicted or debarred for a violation of the Arms Export Control Contol Act or International Traffic in Arms Regulations. Requires the biennial review of international traffic in arms regulations. Extends for two years, from 1987 to 1989, the authority for Israel to enter into leases from Department of Defense stocks on a no-cost, reciprocal basis. Prohibits the sale of antitank shells containing a depleted uranium component to any country except member nations of the North Atlantic Treaty Organization (NATO) or countries designated as major non-NATO allies. Excludes military salaries from the price of foreign military sales for which FMS financing is provided on a forgiven loan basis. Prohibits the use of funds from the FMS Guaranty Reserve Fund under specified circumstances. Title II: Economic Support Fund - Authorizes appropriations for FY 1988 and 1989 for the Economic Support Fund (ESF). Allows such funds to be used for emergency assistance through FY 1989. Requires countries receiving funds from the ESF to maintain segregated accounts for cash transfers. Requires that ESF assistance to countries with an annual per capita income of less than $2,500 must be used to promote long-term development. Specifies guidelines for such long-term development. Prohibits the use of ESF assistance for port or terminal construction projects which would have a significant negative impact on the export of U.S. agricultural commodities. Specifies that ESF assistance may be provided to a foreign country as a cash transfer only if the President determines that the needs of that country and the interests of the United States would be better met by a cash transfer. Requires that not less than 50 percent of any such cash transfers shall be used for U.S. financing of the purchase of U.S. goods and services. Earmarks a specified amount of ESF funds for FY 1988 and 1989 to be used by the Trade and Development Program in carrying out the program of tied-aid credits for U.S. exports. Prohibits the use of ESF funds for the construction, operation, or maintenance of any nuclear facility in a foreign country unless the President certifies that the proposed recipient: (1) is a party to the Treaty on the Non-Proliferation of Nuclear Weapons or the Treaty for the Prohibition of Nuclear Weapons in Latin America; (2) cooperates fully with the International Atomic Energy Agency; and (3) pursues nonproliferation policies consistent with those of the United States. Title III: Development Assistance - Authorizes appropriations to carry out agriculture, rural development, and nutrition programs for FY 1988 and 1989. Prohibits the use of any such funds for any program for the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States. Authorizes additional appropriations for FY 1988 and 1989 for the Child Survival Fund. Authorizes appropriations for FY 1988 and 1989 for population planning programs and health and disease prevention programs. Authorizes appropriations for FY 1988 and 1989 for education and human resources development. Sets aside 30 percent of such funds for basic education programs in developing countries whose effect is to reduce illiteracy and extend basic education. Extends the Cooperative Development Program from 1988 to 1989. Authorizes appropriations for FY 1988 and 1989 for energy, private and voluntary organizations, and selected development activities. Specifies conditions pertaining to assistance provided for agricultural development, water development, and energy development. Authorizes appropriations for FY 1988 and 1989 for the Private Sector Revolving Fund. Extends from 1987 to 1989 the existing earmark of funds for programs to assist in the protection of biological diversity in developing countries. Provides that loans made at or near market rates of interest to private borrowers may be compromised if the President determines that repayment to the United States would be made more likely. Limits the use of development assistance funds to projects or sector programs. Sets forth congressional findings urging the fuller utilization of private indigenous orgnizations and cooperatives in the planning and implementation of development assistance activities. Increases the earmark for funding available to private voluntary organizations and cooperatives from 13.5 to 15 percent of development assistance funds. Authorizes the use of loan repayments from heavily indebted developing countries for development projects in those countries. Authorizes the extension of credit and other assistance to micro and small enterprises of the poor majority in developing countries. Sets forth guidelines and requirements for such program. Earmarks a specified amount of funds to be made available in FY 1988 and 1989 for activities relating to research on and the treatment and control of acquired immune deficiency syndrome (AIDS) in developing countries. Sets aside not less than ten percent of the funds made available in FY 1988 and 1989 for development assistance and African famine recovery and assistance for the activities of business concerns owned and controlled by socially and economically disadvantaged individuals. Title IV: Other Assistance Programs and Authorizations - Part A: Foreign Assistance Act Programs - Authorizes appropriations for FY 1988 and 1989 for the American Schools and Hospitals Abroad program. Extends the authority to enter into commitments under the Housing Investment Guaranty Program (HIG) from 1988 to 1990. Raises the ceiling on aggregate guarantees to a total of $2,308,000,000. Increases the authority to borrow from the Treasury to meet guaranty reserve requirements from $40,000 to $100,000,000. Extends the Agricultural and Productive Credit and Self-Help Community Development Programs from 1988 to 1990. Authorizes the Trade Credit Insurance Program to extend loan guarantees not to exceed $200,000,000 in total contingent liability for each fiscal year 1988 and 1989. Authorizes appropriations for FY 1988 and 1989 for: (1) voluntary contributions to international organizations and programs; (2) international disaster assistance activities; (3) antiterrorism assistance; (4) the trade and development program; and (5) operating expenses of the Agency for International Development (AID). Authorizes separate appropriations for FY 1988 and 1989 for the Office of the Inspector General of AID. Part B: Public Law 480 and Section 416 Programs - Amends the Agricultural Trade Development and Assistance Act of 1954 to include the promotion of the conservation and study of biological diversity within programs for self-help measures by developing countries and as an activity for which local currencies derived from the sale of agricultural commodities can be used. Requires the Development Coordination Committee Food Aid Subcommittee to respond within 45 days to all proposals submitted by nonprofit voluntary agencies or cooperatives with the concurrence of the appropriate U.S. field mission or submitted directly by field missions. Extends the earmark of funds through FY 1989 for the farmer-to-farmer program. Encourages the Secretary of Agriculture to approve agreements making agricultural commodities available on a multiyear basis, subject to the availability of necessary agricultural commodities each fiscal year. Expresses the sense of the Congress concerning the annual minimum level of food assistance. Title V: International Narcotics Control - Authorizes appropriations for FY 1988 and 1989 for international narcotics control programs. Requires the Secretary of State to use not less than $500,000 of narcotics control funds in each of FY 1988 and 1989 to finance research on and the development and testing of safe and effective herbicides for use in the aerial eradication of coca. Earmarks $1,000,000 in grant military assistance funds in each of FY 1988 and 1989 to be used for defensive arms for aircraft used in narcotics control eradication or interdiction efforts. Earmarks $2,000,000 in military education and training assistance for each of FY 1988 and 1989 for education and training in the operation and maintenance of aircraft used in narcotics control interdiction and eradication efforts for countries in Latin America and the Caribbean. Allows the reallocation of funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking to countries which have taken such adequate steps or have met their illicit drug eradication targets. Allows the waiver of restrictions on U.S. assistance for certain major drug-trafficking countries if the President makes a specified certification to the Congress. Amends the Anti-Drug Abuse Act of 1986 to revise reporting requirements concerning certain countries. Requires the President to conduct a review of U.S. narcotics raw material policy to determine U.S. reliance on illicit opium gum from foreign sources. Sets restrictions on Indian certification under the Foreign Assistance Act of 1961 unless India acts to eliminate illicit opium production. Prohibits the provision of economic and military assistance to Bolivia unless the President certifies that Bolivia has enacted legislation to establish legal coca requirements and make unlicensed coca production illegal. Specifies that in making determinations with respect to Peru regarding narcotics control cooperation the President shall give foremost consideration to whether the Government of Peru made substantial progress in meeting its coca eradication targets during the previous year. Limits the amount of narcotics control assistance provided to Mexico in each of FY 1988 and 1989. Urges the Assistant Secretary of State for International Narcotics Matters to give greater attention and resources to cooperative non-major drug transit countries. Earmarks funds for such assistance. Authorizes additional appropriations for activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries. Title VI: Europe and the Middle East - Earmarks funds for FMS financing for Israel for each of FY 1988 and 1989 and for ESF assistance for Israel. Earmarks funds for FMS financing for Egypt for each of FY 1988 and 1989 and for ESF assistance for Egypt. Provides that a limited amount of ESF assistance may be provided as a cash transfer under the condition that Egypt will undertake additional and significant economic reforms. Earmarks a specified amount of funds for FY 1988 and 1989 to be made available only for regional cooperative programs in the Middle East in accordance with the International Security and Development Cooperative Act. Authorizes the use of certain deobligated funds for projects in the Middle East and for additional assistance for American hospitals abroad. Declares the United States supports the West Bank and Gaza development initiative. Requires the Secretary of State to report to the Congress on U.S. efforts to encourage other members of the Organization for Economic Cooperation and Development to contribute to West Bank and Gaza economic development. States that FMS financing for Jordan is provided in the the recognition of the progress Jordan has made for peace in the Middle East. Expresses the sense of the Congress that no FMS financing for Jordan may be used for procurement of U.S. advanced aircraft, new air defense weapons systems, or other new advanced military weapons systems. Requires the Secretary of State to report to the Congress on the activities and capabilities of Iraq, Iran, Syria, and Libya with regard to chemical, biological, and radiological weapons. Earmarks funds for FMS financing and for grant MAP assistance for Greece in FY 1988 and 1989. Imposes a ceiling for each of FY 1988 and 1989 for grant MAP assistance and FMS financing to Turkey. Expresses the sense of the Congress that the President should ask the Government of Turkey to reduce substantially the number of its military personnel on Cyprus. Requires the President to request a communication from the Government of Turkey on its efforts to determine the status of U.S. citizens missing since the 1974 Cyprus conflict. Earmarks funds for ESF assistance to Cyprus for each of FY 1988 and 1989. Provides that a specified amount of such funds shall be made available only for bicommunal development projects. Amends the Foreign Assistance Act to prohibit defense articles of U.S. origin from being transferred to, or used on, Cyprus by Turkey or Greece. Allows certain exceptions to such prohibition. Requires additional information to be provided in required presidential reports regarding activities on Cyprus of foreign armed forces. Extends through FY 1989 the authority to provide excess defense articles for NATO southern flank countries and major non-NATO allies on the southern and southeastern flank of NATO. Authorizes the use of Polish currencies to benefit the handicapped and orphans and for the study of events related to the Holocaust in Poland. Extends through FY 1989 the availability of funds for assistance for agricultural activities in Poland. Amends the Anglo-Irish Agreement Act of 1986 to authorize appropriations for U.S. contributions to the Anglo-Irish International Fund. Requires addition information to be included in the required annual report to the Congress required on economic conditions prevailing in Egypt, Israel, Turkey, and Portugal. Revises requirements concerning the due date of required reports to the Congress regarding peace negotations on the Cyprus dispute and U.S. participation in the Multinational Force and Observers. Title VII: Western Hemisphere - Part A: Central America - Expresses congressional support of the peace initiative in Central America by the Government of Costa Rica. States that U.S. policy should be designed to encourage the Governments of Central America to provide full cooperation, protection, and other support to human rights organizations. Expresses the sense of the Congress that it is possible to furnish the needed nonmilitary assistance for Central America over a longer period of time than originally recommended by the National Bipartisan Commission on Central America without negatively affecting the goals and objectives identified by the Commission. Prohibits the provision of any military aircraft to any country in Central America unless specified committees of the Congress are notified at least 15 days in advance. Requires the Secretary of State to notify such committees whenever any helicopters or other aircraft for military use are provided to any country in Central America by any foreign country. Prohibits the use of funds in FY 1988 and 1989 for programs and projects administered by the Regional Office for Central America and Panama which were not being funded as of September 30, 1987. Prohibits the use of any U.S. assistance to El Salvador and Guatemala for the forced relocation of the civilian population for civil defense patrols, or for political mobilization and propaganda activities. Establishes certain reporting and certification requirements for rural resettlement programs in Guatemala, or for programs or projects in El Salvador under the aegis of the United to Reconstruct Program (UPR). Requires the suspension of any U.S. assistance to any country in Central America if the elected President of that country is deposed by military coup or decree. Extends provisions requiring the President to report to the Congress with respect to U.S. objectives in El Salvador. Extends provisions prohibiting the use of any military assistance to Guatemala for the procurement of weapons or ammunition. Requires the President to report to the Congress on the extent to which the Government of Guatemala has investigated and prosecuted those responsible for human rights violations against civilians. Expresses the sense of the Congress that specified amounts of funds should be used to assist the implementation of agrarian reform in Guatemala if the Government of Guatemala initiates effective agrarian reform programs. Extends provisions requiring that funds authorized for migration and refugee assistance which are to be used for refugee assistance for Nicaraguan Indian refugees shall be channeled through various specified international agencies and organizations. Prohibits the use of such funds to facilitate the involuntary repatriation of Salvadoran refugees who are in Honduras. Expresses the sense of the Congress concerning the efforts of Costa Rican President Oscar Arias Sanchez to establish a durable peace in Central America and supporting such attempts to end the regional military conflict and strengthen democracy through diplomatic initiatives. Earmarks a specified amount of ESF funds for Costa Rica. Authorizes the use of funds previously authorized to assist in the implementation of the Contadora agreement for expenses incurred in the implementation of an agreement resulting from the regional peace initiative proposed by President Arias Sanchez. Authorizes additional appropriations under the Peace Corps Act for FY 1988 and 1989 for Peach Corps programs in Costa Rica. Sets forth congressional findings with respect to U.S. policy toward Panama. Prohibits the use of funds for assistance to Panama in FY 1988 unless the President certifies to the Congress that the Government of Panama is taking meaningful and appropriate steps to ensure that the 1989 presidential and parliamentary elections will be free, fair, and honest. Places similar restrictions on funds for Panama in FY 1989. Prohibits the United States from entering into any agreement or understanding under which a recipient of U.S. economic or military assistance or purchaser of U.S. military equipment shall provide assistance of any kind to any persons or groups engaging in an insurgency or other act of rebellion against the Government of Nicaragua. Prohibits the provision of assistance during FY 1988 and 1989 to police forces and prison authorities in El Salvador, Guatemala, and Honduras Part B: South America - Prohibits any U.S. military assistance for Paraguay during FY 1988 and 1989 unless the President certifies that the Government of Paraguay has ended the practice of torture, restored political rights, and taken steps toward internal reconciliation and a pluralistic democratic system. Earmarks a specified amount of ESF funds for Uruguay for FY 1988 and 1989. Expresses the sense of the Congress that the Government of Chile has not taken steps to adopt and implement internationally recognized workers rights to workers in that country. Suspends, during FY 1988 and 1989, the Overseas Private Investment Corporation (OPIC) from insuring or financing any project in Chile. Allows the provision of military training assistance to Brazil or Argentina as long as such countries continue to have democratically elected governments. Part C: The Caribbean - Earmarks a specified amount of funds for economic assistance for Haiti for each of FY 1988 and 1989. Imposes certain conditions on the provision of such funds for Haiti. Earmarks a specified amount of ESF funds for FY 1988 to be made available for the Caribbean Community groups (CARICOM) for use in conducting: (1) a comprehensive study of the economic development needs of the Caribbean region; and (2) a feasibility study of a Caribbean food corporation. Earmarks a specified amount of development assistance funds and ESF funds for each of FY 1988 and 1989 that shall be available only to assist electric utilities in the Eastern Carribbean in developing a common services program and to provide technical assistance and training to such utilities. Amends the Arms Export Control Act to change from February 1 to May 1 the due date of the annual report on the amount and nature of Soviet military assistance. Part D: Provisions Relating to the Region Generally - Provides that for FY 1988 and 1989 U.S. military assistance may be provided to a country in Latin America or the Caribbean only if that country has a democratically elected civilian government and requests such assistance. Specifies that for FY 1988 and 1989 not more than 30 percent of the amounts allocated for ESF assistance for Latin America and the Caribbean may be allocated for any single country. Authorizes appropriations for FY 1988 and 1989 for the Inter-American Foundation. Extends from FY 1987 to 1989 the authority of the President to furnish to countries and organizations in order to strengthen the administration of justice in countries in Latin America and the Caribbean. Specifies that to the fullest extent possible such assistance shall be provided through multilateral or regional institutions. Specifies the types of assistance authorized. Prohibits U.S. military involvement in the program. Earmarks specific amounts of funds for El Salvador, Guatemala, Honduras, Peru, Colombia, and Haiti. Prohibits any such assistance to Paraguay. Specifies that any such assistance to Chile shall be subject to certain limitations. Requires the Administrator of the Agency for International Development to establish and administer a program of scholarship assistance, in cooperation with State governments, universities, community colleges, and businesses, to provide scholarships in the form of loans to enable students from eligible countries in the Caribbean and Central America to study in the United States. Authorizes the Administrator to make grants to States to provide assistance for such program. Authorizes the use of ESF funds allocated for Latin American and Caribbean regional programs to be used to carry out such program. Title VIII: Africa - Part A: Africa Famine Recovery and Development - Africa Famine Recovery and Development Act - Amends the Foreign Assistance Act of 1961 to add a chapter dealing with Africa Famine Recovery and Development. Authorizes the President to provide project and program assistance for long-term development in sub-Saharan Africa. Requires the purpose of such assistance to be to help the poor majority in sub-Saharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant. Declares that the general authorities and policies of the development assistance provisions of such Act apply to this Act. Requires the agency primarily responsible for administering development assistance programs (responsible agency) to: (1) take into account the local-level perspective of the rural and urban poor in sub-Saharan Africa during the planning and review of annual country planning documents for project assistance under this Act; (2) make available funds for a substantial expansion of development efforts by private and voluntary organizations which have demonstrated effectiveness in or commitment to the promotion of local grass-roots activities on behalf of long-term development in sub-Saharan Africa; (3) establish simplified procedures for the development and evaluation of projects to be carried out by private and voluntary organizations; and (4) consult with other organizations in order to identify relevant private and voluntary organizations. Requires the close consultation and involvement of local people in projects that have a local focus. Requires the responsible agency to ensure the participation of African women in development projects assisted by this Act. Requires the responsible agency to use the program assistance provided by this Act to: (1) help overcome shorter-term constraints to long-term development; and (2) promote reform of national economic policies to support these priorities. Sets forth examples of national economic policy reforms which can be supported by assistance provided by this Act. Requires such reforms to include provisions to protect vulnerable groups, especially poor farmers and the urban poor, from possible negative consequences of such reforms. Requires assistance for such reforms to take account of the need for adjustments should recurrence of drought make it impossible to achieve the goals of the reforms. Designates as the critical sectoral priorities for long-term development: (1) increased agricultural production and the maintenance and restoration of renewable natural resources; (2) improved health conditions; (3) voluntary family planning services; (4) improved relevance and efficiency of education; and (5) development of income generating opportunities for the unemployed and underemployed. Imposes minimum levels of assistance for certain critical sectors. Requires the responsible agency to formulate coherent country development assistance strategies. Sets forth information such strategies must analyze and address. Requires the assistance provided under this Act to be concentrated in countries that will make the most effective use of such assistance. Exempts the assistance authorized by this Act from specified limitations on the procurement of goods and services. Specifies uses for local currencies generated by assistance provided under this Act and other Acts. Provides that funds made available under this Act may be used to assist the countries in sub-Saharan Africa to increase their capacity to participate in donor coordination mechanisms at the country, regional, and sectional levels. Authorizes appropriations for FY 1988 through 1992 for long-term development assistance for sub-Saharan Africa and for funding activities of certain international organizations. Expresses the sense of the Congress that the authorization should be extended whenever appropriate. Limits transfers between accounts funded by this Act. Requires the Administrator of the Agency for International Development (AID) to develop a plan for organizational changes within AID in order to carry out the long-term development assistance program for sub-Saharan Africa with maximum effectiveness. Sets forth changes the Administrator shall consider. Requires the Administrator to consult with specified congressional committees about such changes. Authorizes the Administrator to transfer certain funds in order to increase the AID resources for development assistance activities for sub-Saharan Africa. Requires the Administrator to develop a plan for evaluating AID's progress in achieving the purposes of this Act. Requires the plan to provide for: (1) interim evaluations; (2) the establishment of specific criteria for measuring the performance of U.S. development assistance for the poor majority in sub-Saharan Africa; (3) the collection and monitoring of base-line data for future measurement of the effectiveness of such assistance; and (4) the measures by which the evaluations will be used to institutionalize learning within AID. Requires the plan to be developed in consultation with specified congressional committees. Expresses the sense of the Congress that the Office of Technology Assessment should: (1) conduct independent evaluations of AID's performance in providing development assistance to the poor majority in sub-Saharan Africa; and (2) report on such evaluations to specified congressional committees. Requires that assistance from other assistance and development programs be used to provide assistance to the poor majority in sub-Saharan Africa. Authorizes the President to make available such amounts from the funds authorized by this Act as the President deems appropriate to support long-term development assistance for activities of international organizations which are consistent with the purpose of providing assistance for the poor majority in sub-Saharan Africa and which are undertaken in coordination with AID. Encourages the President to use the authorities provided in this Act in coordination with activities of the multilateral development banks in sub-Saharan Africa. Entitles any country in sub-Saharan Africa to debt rescheduling if: (1) that country had an average per capita income in 1984 of less that $550; and (2) at any time between October 1, 1987, and September 30, 1992, an International Monetary Fund standby agreement is in effect with respect to that country, an economic adjustment program of the International Bank for Reconstruction and Development is in effect with respect to that country, or the President makes a specified certification to the Congress regarding economic policy reforms in such country. Provides that the debt rescheduling shall consist of a five-year grace period on all payments to the United States on specified types of loans. Requires the annual report by the President to the Congress on foreign assistance programs to include a report on the progress made in carrying out this Act. Provides that reprogramming notification requirements do not apply to funds used to carry out this Act. Makes conforming amendments to various Acts. Declares that, where appropriate, African famine relief activities should serve as the foundation for long-term development activities undertaken pursuant to this Act. Provides for the transfer of certain funds so that they may be used for management support activities associated with long-term development assistance. Expresses the sense of the Congress that the purposes of the African Development Foundation are consistent with the purposes of this Act. Amends the African Development Foundation Act to authorize appropriations for the African Development Foundation for FY 1988 and 1989. Expresses the sense of the Congress that the Office of Technology Assessment should conduct an independent evaluation of the performance of the African Development Foundation in carrying out its purposes and in assuring the sustainability and replicability of the development efforts which the Foundation supports. Expresses the sense of the Congress that special efforts should be undertaken to reduce trade barriers and promote economic interchange between the United States and developing countries in sub-Saharan Africa. Requires the Comptroller General to study, and report to the Congress on, the restrictions which affect the importation of products of developing countries in sub-Saharan Africa. Part B: Other Provisions Relating to Subsaharan Africa - Requires that agreements with countries in Africa for the use of funds to finance imports by those countries require that those imports be used to meet long-term development needs in those countries in accordance with specified criteria. Requires annual reports from AID on the extent to which such criteria have been met. Earmarks through FY 1992 development assistance funds to assist sector projects supported by the Southern Africa Development Coordination Conference (SADCC). Specifies that 50 percent of such funds shall be made available for the transportation sector, and the remaining amount shall be made available for other specified sectors. Limits economic assistance to Zaire to the assistance provided under the terms of the Africa Famine Recovery and Development Act. Specifies that such assistance shall be provided to the maximum extent practicable through private and voluntary organizations, and prohibits ESF assistance to Zaire. Places a ceiling on MAP funds for FY 1988 and 1989. Prohibits FMS financing for Zaire for FY 1988 and 1989. Withholds ESF assistance and grant military assistance for Liberia pending certifications concerning economic reforms and human rights reforms. Declares that it is the policy of the United States that the provision of security assistance for Kenya for FY 1988 and 1989 shall bear a relation to the Government of Kenya taking significant steps toward improving human rights conditions in Kenya. Declares that it is the policy of the United States that the provision of security assistance for the Sundan for FY 1988 and 1989 shall bear a relation to the Government of the Sudan making progress toward reading a political settlement with all parties the conflict in the south of Sudan. Declares that it is the policy of the United States that the provision of any future security assistance to Mozambique shall bear a relation to the Mozambique Government's taking significant steps toward improving human rights conditions. Specifies that any economic assistance to Mozambique shall be used solely for assistance to the private sector of the economy of Mozambique and shall be channeled to nongovernmental entities in Mozambique to the maximum extent practicable. Requires the President to conduct a study of the extent to which the purpose of the prohibition on the export of crude oil and refined petroleum products to South Africa is being rendered less effective by direct or indirect sales of oil and petroleum products to South Africa from other countries. Requires the President to report to the Congress on the results of such study. Requires the President to study and report on attempts to undermine other import sanctions against South Africa. Part C: Northern Africa - Declares that it is U.S. policy to base security assistance to Tunisia for FY 1988 and 1989 on the expectation that the Government of Tunisia will take steps to advance both political stability and economic and social progress. Earmarks a specified amount of ESF funds for assistance to Tunisia in each of FY 1988 and 1989. Declares that it is U.S. policy to support a negotiated political solution to the conflict in the Western Sahara taking into account the principle of the self-determination as outlined in the 1981 Nairobi resolution. Title IX: Asia and the Pacific - Part A: East Asia and the Pacific - States that the Congress deplores the continued violation of the sovereignty and territorial independence of Cambodia by Vietnam and calls upon Vietnam to negotiate to restore self-determination in Cambodia and to withdraw its troops from Cambodia. Extends from FY 1987 to 1989 the authority of the President to make available a limited amount of grant military assistance and ESF assistance to non-Communist resistance forces in Cambodia. Declares that the Congress would encourage a wide range of non-official contacts between the United States and Vietnam to improve understanding between the two countries and to facilitate the solution of unresolved problems. Expresses the sense of the Congress that the United States should encourage the Government of Japan in its efforts to expand trade relations with Israel and to end compliance by Japanese commercial enterprises with the Arab economic boycott of Israel. Amends the Arms Export Control Act to delete an annual report requirement concerning South Korean force modernization and the U.S. role in mutual security efforts. Earmarks funds for FY 1988 for grant military assistance and ESF assistance for the Philippines. Makes available for FY 1989 not less than the amount necessary to provide the remaining amount of military and economic assistance specified in the 1983 amendment to the agreement between the United States and the Philippines concerning military bases. Earmarks a specified amount of funds for FY 1988 and 1989 to assist in the implementation of agrarian reform in the Philippines if the Government of the Philippines initiates an effective agrarian reform program and requests U.S. assistance. Earmarks a specified amount of development assistance funds for each of FY 1988 and 1989 for South Pacific regional programs. Specifies that a certain amount of such funds shall be available for scholarships for study at post-secondary institutions of education in the United States. Authorizes the stockpiling of defense articles in Thailand. Limits the amount of additions to such stockpile in FY 1988 and 1989. Expresses the sense of the Congress concerning refugees from Southeast Asia. Expresses the sense of the Congress that the President should use available authority and appropriations to provide support in FY 1988 and 1989 for humanitarian projects in Laos directly associated with joint United States-Laotian cooperative efforts to resolve questions concerning Vietnam era prisoners of war or those missing in action. Part B: South Asia - Authorizes the use of development assistance funds and ESF funds for assistance to the Afghan people. States that the primary purpose of U.S. economic assistance for Bangladesh is to foster economic development and political pluralism. Requires the President to take specific factors into account in determining whether to provide economic assistance to Bangladesh. Expresses the sense of the Congress encouraging the growth of contacts between India and Israel. Extends through 1989 the waiver for assistance to Pakistan. Specifies that any waiver shall cease to be effective if the President certifies that India has formally accepted the application of appropriate, verifiable, and reliable safeguards to all its nuclear materials. Prohibits the sale of any airborne early warning aircraft to Pakistan unless the President makes certain certifications to the Congress. Prohibits the provision of any defense articles to Pakistan which are not suitable for defending against the threat to Pakistan posed by the Soviet Union. States that U.S. assistance for Pakistan is intended to promote democratic and representative government and respect for internationally recognized human rights in Pakistan. Specifies that any assistance to Pakistan may be provided only if the President certifies to the Congress that Pakistan has made progress concerning human rights and democracy. Requires the President, in making determinations with respect to Pakistan's anti-narcotics efforts, to take into account Pakistan's accomplishments in a number of specific areas. Expresses the sense of the Congress concerning a settlement of the conflict in Sri Lanka. Places a ceiling on the amount of development assistance which can be provided to India in each of FY 1988 and 1989. Title X: Peace Corps - Authorizes appropriations for the Peace Corps for FY 1988 and 1989. Revises rules concerning the purchase and hire of passenger motor vehicles for the transportation or the direct overseas support of volunteers. Authorizes the sale at cost of technical publications produced by the Peace Corps. Specifies that a certain amount of the proceeds from such sales may be credited to the currently applicable appropriation for the Peace Corps. Title XI: Miscellaneous Provisions - Sets forth the effective date of the provisions of this Act. Requires that local currencies generated from assistance provided under certain provisions of the Foreign Assistance Act shall be deposited in a special account to be used for long term development purposes. Makes permanent the comprehensive reports currently required on all assistance provided to Latin America under the Foreign Assistance Act and the Arms Export Control Act. Specifies certain information to be provided in such reports. Revises rules concerning the reprogramming of funds made available under the Foreign Assistance Act or the Arms Export Control Act. Provides that required foreign assistance allocation reports must be submitted within 30 days of enactment of appropriations for foreign assistance, except for continuing resolutions of less than 60 days. Expresses the sense of the Congress that the Agency for International Development (AID) should not extend loans to countries unable to service existing AID loan obligations, unless it can be demonstrated that the country's debt-service problem is temporary and nonrecurring. Requires additional information to be included in reports to the Congress concerning debt rescheduling and accelerated loan repayments. Deletes provisions concerning certain information to be included in annual foreign assistance reports. Prohibits using U.S. foreign aid funds in any way that would result in corrupt personal financial gain for any person or for any purpose other than the purpose for which the assistance was provided. Directs the President to establish strict accounting procedures for U.S. foreign aid funds and to establish sanctions for misuse of such funds. Requires all foreign assistance agreements entered into more than 90 days after enactment of this Act to incorporate the procedures and sanctions established by this Act. Requires the President to report to the Congress on the steps taken to establish such procedures and sanctions. Requires the Secretary of State to coordinate all training and other assistance provided by the U.S. Government to the police, prison authorities, and other law enforcement agencies of any foreign government. Requires the Secretary to make annual reports to the Congress concerning such assistance. Authorizes the President to reduce the amount of ESF assistance to countries which import sugar from Cuba. Requires the President to instruct AID missions and U.S. diplomatic missions to analyze the impact of proposed multilateral development bank (MDB) loans and for transmittal to the Secretary of the Treasury. Requires the semiannual publication of lists of proposed MDB loans that may have adverse impacts on the environment, natural resources, public health, or indigenous peoples. States that the Congress encourages the Administrator of AID to make greater use of independent labor unions in carrying out development assistance, disaster assistance, ESF, and Africa famine recovery and development programs. Adds to the list of countries designated as Communist countries for purposes of the Foreign Assistance Act the following countries: (1) the Democratic Republic of Afghanistan; (2) the People's Democratic Republic of Ethiopia; (3) the People's Democratic Republic of Yemen; (4) the People's Republic of Angola; and (5) the People's Republic of Kampuchea. Requires the President to specify in certain reports to the Congress the period of duration of any waiver on the prohibition of assistance under the Foreign Assistance Act to any Communist country. Title XII: Additional Assistance for Base Rights Countries - Authorizes additional appropriations for each of FY 1988 and 1989 to be made available only to meet U.S. security assistance requirements arising from agreements providing for U.S. access to military facilities in foreign countries. Provides that the aggregate foreign military sales financing ceiling for FY 1988 and 1989 shall be deemed increased by the amount appropriated under this title. Requires that funds authorized by this title be used in a manner consistent with the maintenance of military balance in the Eastern Mediterranean. Specifies that assistance provided for Greece and Turkey with funds authorized by this title shall be in addition to the amounts provided by other provisions of this Act.
United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 13 April 1988
Michigan Public Lands Improvement Act of 1988 - Grants to the State of Michigan the surface estate in certain public uplands and islands in Michigan waters which were not subject to any claim on January 1, 1988. Allows the Secretary of the Interior to sell certain other lands which were subject to a claim as of that date to the claimants following resolution of conflicting claims. Deems title to public lands which, on the date of enactment of this Act, was subject to leases and patents conveyed to the State of Michigan under the Recreation and Public Purposes Act to have vested in the State and to be exempt from Department of the Interior regulations governing conveyances under such Act. Authorizes the Secretary to sell and issue a patent to a tract of public land located in Michigan where the Secretary determines that: (1) such tract is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another Federal department or agency; and (2) such sale would not be inconsistent with land use plans developed in accordance with the Federal Land Policy and Management Act of 1976. Allows the Secretary, following adjudication of any conflicting claims, to convey such land at fair market value, less equities presented by an applicant for such conveyance (such as the amount paid for the land, longevity of the applicant's claim, and taxes paid on the land) and less the value of any improvements. Provides for description of tracts of such land conveyed on the approved Federal plat of survey. Authorizes the Secretary to convey title to a trustee, where a tract does not conform to an existing survey plat, to conform the legal description to such plat, or require the applicant to reimburse the United States for the cost of preparing a plat of survey. Prohibits the sale of such lands unless the Secretary, at least 30 days prior to such sale, publishes notice in a newspaper of general circulation in the county where the tract is located. Makes all lands conveyed by this Act subject to the reservation to the United States of all minerals in the lands and the rights to prospect for, mine, and remove the minerals, with exceptions. Prohibits the conveyance or transfer of such lands by the State of Michigan to any person or entity other than a political subdivision of the State. Authorizes the use of such lands only for purposes of public recreation or protection of fish, wildlife, plants, or other natural resources and values. Directs the Secretary to take steps to notify Michigan residents of the uplands and islands to be conveyed. Requires the State of Michigan to notify the Secretary with regard to any conveyance of such lands by such State to a political subdivision. Requires such State to submit to the Secretary a report within five years of enactment of this Act, and every five years thereafter, as to the present ownership, management, and use of such lands conveyed. Sets forth enforcement procedures.