United States · United States Congress · 23 March 1988
Omnibus Antidrug Abuse Act of 1988 - Title I: Drug Enforcement and Personnel Enhancement - Subtitle A: Asset Forfeiture Fund Amendments Act of 1988 - Department of Justice and Department of Treasury Assets Forfeiture Fund Amendments Act of 1988 - States that expenditures out of the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund shall not be scored as outlays which either increase or decrease the Federal budget deficit. Amends the Tariff Act of 1930 to provide that the Customs Forfeiture Fund shall be available to the U.S. Customs Service permanently. Authorizes the transfer of funds from the Department of Justice Assets Forfeiture Fund to the Building and Facilities account of the Federal prison system for the construction of correctional institutions, and to the Support of United States Prisoners in non-Federal Institutions account of the Department of Justice. Allows the Attorney General, with respect to the DOJ Assets Forfeiture Fund, and the Commissioner of Customs, with respect to the Customs Forfeiture Fund, to exempt the procurement of supplies and services under such funds if necessary to maintain the security and confidentiality of related criminal or civil investigations. Amends the Controlled Substances Act to require the Attorney General to ensure the equitable transfer of forfeited property to the appropriate State and local law enforcement agency or prosecutor's office. Subtitle B: State and Local Narcotics Control Assistance Act of 1988 - Part A: Establishment of the Bureau of Justice Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to: (1) develop an annual State and Local Strategic Drug Control Plan; and (2) publish and disseminate information on the condition and progress of drug control activities. Requires the Bureau to: (1) coordinate Federal, State, and local government efforts toward a national drug control strategy; (2) serve as the coordinating Federal agency with respect to the submission of State and local applications for grant-in-aid programs under the Antidrug Abuse Act of 1986; and (3) maintain a liaison with Federal agencies having drug control authority. Part B: Drug Control Formula Grant Program - Authorizes the Bureau to make grants to States having approved statewide drug control strategies for: (1) Zero Tolerance Enforcement Programs that effect heightened public awareness of and support for local drug control enforcement projects; (2) Multi-Jurisdictional Task Force Programs; (3) Drug Control Law Enforcement Training Programs; (4) Multi-Jurisdictional Intelligence and Data Sharing Programs; (5) Judicial Drug Control Training Programs; (6) Prison Treatment Programs; (7) Drug Treatment for Youthful Offenders Programs; and (8) Statewide and National Intelligence Systems Programs. Requires the executive officer of each participating State to designate a State drug control office to: (1) prepare applications to obtain funds under this Program; and (2) administer such funds. Requires the chief executive officer of each participating State to maintain a State Drug Control Board to: (1) analyze the drug control problems within the State; (2) prepare a statewide drug control strategy; (3) receive, review, and approve (or disapprove) applications from State agencies and units of local governments; (4) prepare annual reports containing assessments of the State drug control program; and (5) assure fund accountability, auditing, and evaluation of programs and projects funded under the Program. Permits the establishment of local drug control offices to prepare and coordinate drug control strategies and implement the provisions of this Act at the local level. States that each jurisdiction which is eligible to have a local drug control office shall establish local drug control boards to: (1) analyze the drug control problem within that jurisdiction; (2) prepare a jurisdiction-wide drug control strategy; (3) receive, review, and approve (or disapprove) applications from units of local government; and (4) prepare annual reports containing assessments of the drug control program. Directs the Bureau to establish a National Drug Control Assistance Coordination Board to provide for the representation of drug control agencies at the Federal, State, and local levels for the purpose of articulating national drug control priorities, programs, and resource needs. Sets forth: (1) State application procedures under the Program; (2) certain limitations on the use of Program funds for administrative expenses; and (3) procedures for the allocation and distribution of Program funds. Part C: Drug Control Discretionary Grant Program - Authorizes the Bureau to develop programs and make grants to public agencies and private nonprofit organizations for technical assistance, training, and national scope and demonstration projects in support of any of the purposes specified in part B of this subsection (Drug Control Formula Grant Program), and any purpose specified in the strategic drug control plan developed by the Bureau. Sets forth application requirements with respect to such program and procedures for the allocation and distribution of program funds. Provides that grants under this program shall be for a period not to exceed three years (may be extended for up to two years under certain circumstances). Part D: Targeted State and Local Strategic Drug Control Plan - Requires the Bureau to complete an annual National Strategic Drug Control Plan which targets the most critical drug control problems that are most effectively resolved at the State and local levels. Part E: Miscellaneous Amendments to Justice Assistance Act of 1984 - Allows Criminal Justice Facility Construction grants to cover 80 percent of the estimated costs of approved construction. (Current law allows such grants to cover 20 percent of such costs.) Part F: Administrative Provisions - Authorizes the Bureau to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subtitle. Directs the Bureau to prepare a "Program Brief" and an "Implementation Guide" for each of the programs and projects contained in the formula grant programs. States that the functions, powers, and duties specified in this subsection to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically authorized by the Congress. Allows the Bureau to arrange with and reimburse other Federal departments and agencies for the performance of functions under this subtitle only if the funds are to benefit the units of State and local government. Sets forth program and project evaluation and reporting requirements. Part G: Funding - Authorizes appropriations for FY 1989 through 1991 to carry out the grant programs authorized under this subtitle. Authorizes appropriations for FY 1989 for salaries and expenses of the Bureau. Authorizes appropriations for FY 1989 through 1991 for grants to State and local governments for the construction of correctional facilities. Part H: Relationship with the Justice Assistance Act of 1984 - Directs the Bureau to administer any funds available to it under the Omnibus Crime Control and Safe Streets Act of 1968 in such a manner as to compensate for the increase in cases resulting from apprehensions and accelerated prosecutions of persons accused of drug trafficking, possession, and related offenses. Encourages State and local jurisdictions to participate in funding under this Act. Subtitle C: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act to establish 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) 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 precursor 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 D: Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the basic level of public safety officer death benefits. Removes the requirement that parent beneficiaries be dependents of the deceased officer. Establishes the National Advisory Commission on Law Enforcement to study the methods and rates of compensation of law enforcement officers. Requires the Commission to report the results of such study to the President and the Congress within six months of enactment of this Act. Subtitle E: Deportation of Convicted Foreign Drug Inmates - Violent Criminal Alien Deportation Act - Allows the Attorney General to order the deportation of any alien convicted of an aggravated violent felony. Allows the District Director of the Immigration and Naturalization Service for the district in which the alien was sentenced and convicted to issue the order of deportation on behalf of the Attorney General. Sets forth procedures for the appeal of such a deportation order. Subtitle F: Customs Enforcement Amendments Act of 1988 - Customs Enforcement Amendments Act of 1988 - Requires the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements prescribed by the Secretary of Commerce. Establishes civil penalties for violations of such requirements. Increases the penalties for failing to declare controlled substances brought into the United States. States that a declaration of forfeiture by a customs officer shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a U.S. District Court. Provides that title in such forfeited property shall be deemed to vest in the United States free of any liens or encumbrances (with certain exceptions). Allows the Secretary of the Treasury to retain forfeited property for official use. Allows the Secretary to transfer forfeited property to any Federal agency, to any State or local law enforcement agency, or to any foreign government that cooperates with the U.S. Customs Service in joint enforcement operations. States that any person who is convicted of a criminal offense under any law administered or enforced by the Customs Service involving the Bank Secrecy Act, Money Laundering Act, or the Controlled Substances Act shall be fined the reasonable costs of the investigation and prosecution. Authorizes the Secretary of State to make regulations prescribing procedures for marking the passports of those convicted of controlled substances offenses. Provides for the revocation of the passports of those convicted of a controlled substances violation, or any criminal violation of the Bank Secrecy Act or the Money Laundering Act. Establishes procedures for the reissuance of such passports. Grants the Secretary of the Treasury certain powers (including the power to subpoena witnesses and compel their testimony) which are necessary to the enforcement of laws relating to the importation or exportation of prohibited merchandise. Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to include in the definition of "racketeering activity" acts relating to: (1) the illegal exportation of munitions; (2) the illegal exportation of merchandise; (3) criminal violations of the Trading With the Enemy Act; or (4) criminal sanctions under the International Emergency Economic Powers Act. Amends the Federal Aviation Act of 1958 to provide civil penalties for failing to report the transfer of ownership of an aircraft to the Secretary as required under such Act. Subjects such aircraft to seizure and forfeiture. Subtitle G: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes additional appropriations for FY 1989 for the: (1) Coast Guard for drug enforcement personnel; (2) U.S. Customs Service for drug enforcement personnel; (3) Immigration and Naturalization Service Border Patrol for drug interdiction personnel; (4) Immigration and Naturalization Service for criminal investigator personnel, and for the Organized Crime Drug Enforcement Task Force in New York City; (5) Bureau of Alcohol, Tobacco, and Firearms; (6) Drug Enforcement Administration; (7) Federal Bureau of Investigation (FBI) for drug enforcement personnel; (8) U.S. Marshals Service; and (9) Federal Prison System. Subtitle H: Miscellaneous Law Enforcement Provisions - Authorizes rewards to be paid for assisting in, or furnishing information which leads to, the capture of an escaped Federal prisoner or a person who has violated parole or probation or defaulted on bail bond. Makes it unlawful for any person to carry a dangerous weapon into a Federal courthouse. Authorizes the Attorney General to make payments for the support of U.S. prisoners in non-Federal institutions. Title II: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: International Drug Eradication Improvement Program - Establishes within the Department of State, under the Office of International Narcotics Matters, an International Special Operations Drug Eradication Squadron to: (1) provide special assistance to drug source countries who request drug eradication assistance; and (2) participate in joint international drug eradication operations in drug source countries. Authorizes appropriations for FY 1989 for the International Narcotics Matters program at the Department of State for the procurement and maintenance of aircraft and for Squadron personnel. Directs the Secretary of State to establish guidelines and procedures to govern the deployment of the Squadron. Subtitle B: International Narcotics Matters Improvement and Special Assistance Programs - Establishes under the Agency for International Development (AID) a special economic assistance incentive grant program to provide assistance to drug source countries that meet specific eradication goals during FY 1989, 1990, and 1991. Sets forth grant eligibility requirements. Authorizes appropriations for FY 1989 through 1991 for AID. Requires the Comptroller General of the United States to monitor such program. Requires the Attorney General, the Director of AID, and representatives of the House and Senate to meet at the start of FY 1991 to consider whether such program should be continued beyond FY 1991. Subtitle C: Amendments to Foreign Assistance Act of 1961, as Amended - Amends the Foreign Assistance Act of 1961 to list additional factors to be considered by the President when determining whether to certify that a foreign country is cooperating with the United States in its international narcotics control efforts. Subtitle D: International Narcotics Matters Authorization of Appropriations - Authorizes appropriations for FY 1989 and 1990 for the economic assistance incentive grant program. Earmarks specified amounts of FY 1989 and 1990 appropriations for: (1) developing safe and effective herbicides for use in the aerial eradication of coca; (2) the procurement of weapons to defend aircraft involved in narcotics control efforts; and (3) pilot and aircraft maintenance training for narcotics control activity. Provides that funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking may be reallocated to countries which take such steps. Lists additional requirements (regarding coca production, possession, and distribution) which must be met by Bolivia before receiving FY 1989 assistance. Limits FY 1989 and 1990 international narcotics control assistance for Mexico. Withholds $1,000,000 of such assistance until Mexico has fully investigated (and prosecuted those responsible for) the murder, detention, and torture of certain Drug Enforcement Administration (DEA) agents. Directs the Assistant Secretary of State for International Narcotics Matters to provide more narcotics control assistance to those drug-transit countries which are not "major drug-transit countries" and which are cooperating with the United States in its international narcotics control efforts. Authorizes additional funding for activities aimed at increasing awareness of the efforts of production and trafficking of illicit narcotics in source and transit countries. Directs the Secretary of State and the Attorney General to develop a model extradition treaty with respect to narcotics-related violations, a model legal assistance treaty, and model comprehensive anti-narcotics legislation. Subjects any transfer by the United States of property seized or forfeited in connection with narcotics-related activities to a foreign country for narcotics control purposes to the regular reprogramming procedures applicable under the Foreign Assistance Act of 1961. Requires that the annual narcotics control reports include: (1) a description of the assistance provided by the DEA and the Customs Service to each country; (2) a description of the assistance provided by each country to the DEA and Customs Service; (3) an expression, in numerical terms, of achievable reductions in illicit drug production; and (4) a description of U.S. assistance denied to each major illicit drug producing and drug-transit country. Subtitle E: Latin American Antidrug Strike Force - Expresses the sense of the Congress that: (1) the operations of international illegal drug smuggling organizations pose a threat to the national security of the member states of the Organization of American States (OAS); (2) illegal international drug smuggling organizations threaten to overwhelm small nations; (3) members of OAS should coordinate their efforts to fight the illegal drug trade; (4) the formation of a multinational strike force to conduct operations against illegal drug smuggling organizations is necessary; (5) the United States should initiate diplomatic discussions to achieve an agreement to establish and operate the Latin American Antidrug Strike Force; and (6) the United States stands ready to provide equipment, training, and financial resources to support the Strike Force, but believes that Strike Force personnel should be provided by those states facing the most serious threat. Establishes the position of Ambassador at Large and Coordinator for Western Hemisphere Antidrug Efforts to: (1) coordinate the efforts of all U.S. bureaus and agencies involved in antidrug efforts; (2) report to the Secretary and to the Chairman of the National Drug Policy Board on the effectiveness of the operations and level of cooperation of such bureaus and agencies; (3) be a member of all interagency groups with authority or oversight over U.S. international drug policy or operations; (4) undertake diplomatic discussions with OAS members regarding the formation of a multinational strike force intended to conduct operations against international illegal drug trafficking organizations in the Western Hemisphere; and (5) seek to secure participation in the strike force by those Western Hemisphere states most threatened by international illegal drug trafficking organizations. Directs the Secretary to report to specified congressional committees on the progress made toward establishing the multinational strike force. Requires the Secretary of Defense to develop a plan for the establishment, training, equipping, and operation of the multinational strike force. Title III: Drug Interdiction Asset Improvement and Enhancement - National Drug Interdiction Asset Improvement and Enhancement Act of 1988 - Subtitle A: Coast Guard - Authorizes appropriations for FY 1989 for the Coast Guard for the procurement of marine and air drug interdiction assets. Subtitle B: United States Customs Service - Authorizes appropriations for FY 1989 for the U.S. Customs Service for the procurement, operation, and maintenance of certain drug interdiction assets. Subtitle C: Department of Defense Drug Interdiction Assistance - Department of Defense Drug Interdiction Assistance Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Defense for the enhancement of drug interdiction assistance activities. Subtitle D: Drug Enforcement Administration - Authorizes appropriations for FY 1989 for the DEA for the establishment of an International Drug Interdiction helicopter force and for the enhancement of the El Paso Intelligence Center. Subtitle E: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the Department of Justice for the procurement of drug interdiction-related equipment for Border Patrol drug enforcement personnel. Subtitle F: Establishment of Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force - Establishes an Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force to: (1) conduct a joint drug interdiction operation between ports of entry along the southwest border of the United States, from Texas to California; (2) assist and augment other law enforcement agencies along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers; and (3) assist State and local law enforcement officials along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers. Authorizes appropriations for FY 1989 for the Department of Justice for such task force. Subtitle G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subtitle H: Special Drug Interdiction Support - Authorizes appropriations for FY 1989 for Puerto Rico, Jamaica, the Dominican Republic, and Hawaii for special drug interdiction support. Requires the recipients of special drug interdiction assistance to submit periodic reports to the Congress regarding the status of the procurement of resources and related operation and maintenance expenditures authorized under this subtitle. Title IV: Demand Reduction - Subtitle A: Treatment and Rehabilitation - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to establish drug abuse demonstration projects for the treatment and rehabilitation of drug dependent offenders who could otherwise be subject to incarceration. Authorizes appropriations for FY 1989 through 1991 to carry out such projects. Subtitle B: Alcohol and Drug Abuse Treatment and Rehabilitation - Alcohol and Drug Abuse Treatment and Rehabilitation Improvement Act of 1988 - Authorizes appropriations for FY 1989 through 1991 for the basic Alcohol, Drug Abuse and Mental Health Block Grant Program. Requires that at least 49 per cent of such appropriations be made available for alcohol and drug abuse programs. Authorizes appropriations for FY 1989 through 1991 for substance abuse emergency drug treatment programs to be targeted to those States and communities where the substance abuse problem is most acute. Requires that all States eligible to receive basic and emergency Alcohol, Drug Abuse, Mental Health Block Grants develop Statewide substance abuse treatment facilities plans. Allows such States to expend up to 1.5 percent of their grants to develop and prepare such plans, and up to 40 per cent of such grants to acquire, construct, or renovate such facilities. Subtitle C: Amendments to the Drug-Free Schools and Communities Act - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Makes technical amendments to such Act with respect to eligibility, application, and reporting requirements. Title V: National Drug Enforcement Agency Reorganization and Coordination - Subtitle A: Establishment of Office of Enforcement and Border Affairs in Department of Treasury - National Border Coordination and Reorganization Act of 1988 - Part A: Establishment and Officers - Establishes within the Department of the Treasury the Office of Enforcement and Border Affairs which shall consist of: (1) the Office of the Assistant Secretary of the Treasury for Enforcement; and (2) the Coast Guard. Provides that the Office of Enforcement and Border Affairs shall be headed by the Under Secretary of the Treasury for Enforcement and Border Affairs. Establishes within the Office of Enforcement and Border Affairs: (1) the Office of Border Management Affairs, which shall be headed by the Assistant Secretary of the Treasury for Border Management Affairs; and (2) the Office of Narcotics Interdiction, which shall be headed by the Assistant Secretary of the Treasury for Narcotics Interdiction. Part B: Transfer of the Coast Guard to Office of Enforcement and Border Affairs - Transfers the Coast Guard from the Department of Transportation to the Office of Enforcement and Border Affairs of the Department of the Treasury. Subtitle B: Department of Defense Drug Interdiction Reorganization - Establishes within the Office of the Assistant Secretary of Defense for International Security Affairs the position of Deputy Assistant Secretary of Defense for International Drug Interdiction and Enforcement to supervise Department of Defense drug interdiction and enforcement activities. Title VI: Research and Development for Law Enforcement Agencies - Subtitle A: Establishment of New Research and Development Programs to Assist Federal Law Enforcement Agencies - Directs the Attorney General to establish a Research and Technology Group under the National Drug Policy Board to review the research, development, technology, and evaluation programs of the Department of Defense and development programs of other nondefense Federal agencies to assist their applicability to the operations, programs, and missions of the Federal law enforcement agencies. Directs the Attorney General to establish a Research, Technology and Acquisition Advisory Board to make recommendations to the National Drug Policy Board through the Research and Technology Group. Requires the President to designate and establish within existing facilities of the Department of Defense, the Department of Justice, the Department of Energy, the National Security Agency, and the Central Intelligence Agency, at least eight new National Technology Centers to develop technologies for application to Federal law enforcement missions. Redesignates certain existing Government facilities as National Technology Development Centers. Requires the Comptroller General of the United States to monitor the establishment of such centers. Subtitle B: Cargo Container Drug Detection Research and Development - Authorizes appropriations for FY 1989 for the U.S. Customs Service for accelerating the development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection of illegal narcotics in cargo containers entering the United States. Title VII: Drug Enforcement Training Improvement - Subtitle A: The Federal Law Enforcement Training Center Improvement Act of 1988 - Federal Law Enforcement Training Center Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center to increase the level of drug enforcement training. Authorizes appropriations for FY 1990 and 1991 for the Federal Law Enforcement Training Center. States that support for the State and local law enforcement training program and the training programs for drug enforcement officers from foreign countries shall be maintained at no less that the FY 1989 level during such years. Directs the Secretary of the Treasury to expand the advanced training programs for Federal law enforcement agencies at the Marana, Arizona, satellite facility of the Federal Law Enforcement Training Center. Requires the Secretary to submit reports to the appropriate congressional committees on such expansion. Subtitle B: Department of Justice Training Facilities Improvement Act of 1988 - Department of Justice Training Facilities Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Justice for existing law enforcement training facilities. Authorizes appropriations for FY 1989 for the expansion of such facilities and for new Department training facilities. Directs the Attorney General to report to the appropriate congressional committees on plans for improving such facilities. Subtitle C: Federal Law Enforcement Language Training Improvement Act of 1988 - Authorizes the Department of Defense to provide foreign language training at the Defense Language Institute to special agents of Federal civilian agencies involved in drug law enforcement. Authorizes the Department of State to provide similar training at the Foreign Service Institute. Authorizes the Drug Enforcement Administration, the Customs Service, and the Immigration and Naturalization Service to: (1) detail investigative personnel to such Institutes; and (2) reimburse the Departments of Defense and State for the cost of such training. Authorizes appropriations for the Customs Service, the Drug Enforcement Administration, and the Immigration and Naturalization Service for such training. Subtitle D: Authorization of Appropriations for Special Training Centers - Requires the Director of the Bureau of Justice Assistance to establish a national training center in El Reno, Oklahoma, for the training of Federal, State, and local prison officials in drug rehabilitation programs. Establishes the National Advisory Panel on Prison Rehabilitation Programs to oversee the operation of such center. Authorizes appropriations for FY 1989 for such center. Title VIII: Drug Testing in the Private Sector - Prohibits any employer in interstate commerce, on the basis of a drug test administered to an applicant or employee (unless the drug test is conducted in a laboratory which meets specified requirements), from: (1) refusing to hire an applicant for employment; (2) taking adverse action against an employee; or (3) discharging an employee. Subjects any employer who takes such prohibited actions to civil penalties. Title IX: Congressional Policy Regarding Additional Funding for Fiscal Year 1989 for Antidrug Abuse Programs - States how the levels of new budget authority and outlays required to carry out the programs, activities, and initiatives contained in this Act shall be accommodated in the budget process.
United States · United States Congress · 23 March 1988
Includes incurred expenses for medical or remedial care that are not subject to payment by a third party within an individual's income when determining his or her eligibility or level of assistance under title XIX (Medicaid) of the Social Security Act.
United States · United States Congress · 22 March 1988
Renewable Energy and Energy Conservation Commercialization and Development Act - Requires the Secretary of Energy to establish specific technical research and development performance goals for Department of Energy programs relating to: (1) photovoltaics; (2) wind; (3) solar thermal; (4) biofuels; (5) solar building and energy systems; (6) ocean energy systems; and (7) geothermal energy. Mandates that such goals be designed to promote significant further commercial applications by 1995. Requires the Secretary to report annually to the Congress with respect to biennial technical performance goal reviews and updates. Requires the Secretary to include in the FY 1990 budget request funding for at least three commercial demonstration projects involving renewable energy technologies. States that 50 percent of such project costs shall be funded by the United States and 50 percent shall be funded by the private sector. Cites circumstances under which the United States may fund up to 66 percent of such project costs. Authorizes appropriations for FY 1989 through 1991 for: (1) specified renewable energy programs; (2) energy conservation research and development programs; and (3) a Federal interagency working group (established under the Energy Policy and Conservation Act to make recommendations regarding the coordination of Federal programs affecting commerce in renewable energy products and related services). Requires that each annual submission of the National Energy Policy Plan be accompanied by a three-year strategic plan for energy technology research, including energy efficiency and renewable energy.
United States · United States Congress · 22 March 1988
Montgomery GI Bill Amendments of 1988 - Directs the Administrator of Veterans Affairs to make payments to veterans who are entitled to veterans' educational assistance but who have become so physically or mentally handicapped that such individuals are unable to utilize such educational assistance. Directs the Administrator to make such payments to a qualifying veteran's survivors in the event of a veteran's death while on active duty or within six years of such individual's discharge, according to a certain order of priority. Deducts the amount of educational assistance received by the veteran before enactment of this Act from the amount to be paid under this Act. Authorizes entitlement to basic educational assistance for veterans who are discharged or released from active duty for a disability that existed before becoming or entering into active duty as a member of the armed forces. (Currently, such entitlement is limited to those discharged or released for either a service-connected disability or for hardship.) Authorizes the same entitlement for members discharged or released from the Selected Reserve. Authorizes the Administrator to approve the pursuit of flight training by an individual entitled to basic educational assistance if such training meets conditions specified in this Act. Specifies the amount of flight assistance to be provided. Directs the Administrator to pay educational assistance for refresher courses in the individual's area of education, deficiency courses, or other preparatory or special educational assistance necessary to enable the individual to pursue an approved program of education. Limits the length of such payments for refresher courses. Allows an individual currently on active duty who originally chose not to receive basic educational assistance to enroll in such program within 60 days after the enactment of this Act. Outlines provisions relating to the implementation of such enrollment, including "catch-up" payments or deductions from pay in order to receive such educational assistance. Requires a certain minimum payment or pay deduction before an individual becomes so qualified. Directs the Secretary of each military department to inform individuals of the opportunity to enroll for such assistance under this Act. Prohibits the payment of any basic educational assistance to members of the Selected Reserve until such members have completed their initial periods of active duty for training required by the military department concerned. (Currently, such members must complete such training plus serve in the reserves for at least 180 days before being eligible.) Authorizes the Administrator to approve the pursuit of flight training by a member of the Selected Reserve who is entitled to basic educational assistance, if such training meets conditions specified in this Act. Specifies the amount of flight assistance to be provided. Provides that educational assistance may only be provided for an approved program of education for purposes of the All-Volunteer Force Educational Assistance Program. (Currently, such assistance may be provided for a program of education at an institution of higher learning and may not be provided for post-graduate study.) Limits the amount of monthly educational assistance to be provided to an individual pursuing a full-time program of apprenticeship or other on-the-job training. Reduces the amount of assistance provided in any month in which such individual fails to complete at least 120 hours of training. Provides a limited educational assistance payment as determined by the Administrator for individuals participating in a less-than-half-time pursuit of a program of education. Provides that an individual serving in the Selected Reserve may not receive credit for such service under both veterans' educational assistance provisions and the All-Volunteer Force Educational Assistance Program, but shall instead elect the program to which such service is to be credited. Revises provisions concerning the time limitation applicable for the use of basic educational assistance by a member of the Selected Reserve who is separated from such service because of a disability incurred on or after the date on which such person became entitled to educational assistance. Directs the Secretary of Defense, at the request of the Administrator, to transmit a notice of entitlement for each such person becoming eligible for educational assistance to the Administrator.
United States · United States Congress · 17 March 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels by a producer or importer for use by the purchaser in a nontaxable use (defined to include, among other uses, any off-highway business use, use as supplies for vessels or aircraft, State or local governmental use, and use by a nonprofit educational organization). Permits the exemption only if both the seller and purchaser have registered with the Secretary of the Treasury. Requires producers, importers, and purchasers taking part in reduced-tax sales to file with the Secretary information returns containing specified data. Requires producers and importers, in addition, to furnish corresponding statements to their purchasers. Establishes penalties for failure to file required returns.
United States · United States Congress · 17 March 1988
Directs the Board of Regents of the Smithsonian Institution to develop a master plan for the expansion of the National Air and Space Museum at an airport while allowing such airport to continue its normal operations. Authorizes appropriations for FY 1988 and 1989 for the development of such plan. Directs the Board, using funds obtained from private sources, to design and construct any new facilities which are needed under such master plan.
United States · United States Congress · 17 March 1988
Amends title IV (National Research Institutes) of the Public Health Service Act to require the Director of the National Center for Nursing Research to acquire, construct, improve, or repair laboratories and other research facilities to increase the capacity of institutions of higher education to conduct nursing research. Authorizes the Secretary of Health and Human Services to make grants and enter into contracts for such purposes. Requires the Director, from amounts appropriated under this Act, to reserve 15 percent to carry out such purposes through grants to, and contracts with, institutions that received less than an aggregate of a specified amount in Federal financial assistance for research and development in the preceding two fiscal years. Requires matching funds, in cash or in kind, from non-Federal sources. Directs the Secretary to require technical and scientific peer review of applications for grants and contracts. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 17 March 1988
Declares that, in celebration of Law Day U.S.A., special emphasis should be given by grateful people to all law enforcement personnel for their service in preserving domestic tranquility and guaranteeing rights under law.
United States · United States Congress · 16 March 1988
Requests the President to issue a proclamation commemorating the 50th anniversary of the Javits-Wagner-O'Day Act, which occurs on June 25, 1988. (The Javits-Wagner-O'Day Act, formerly known as the Wagner-O'Day Act, provides employment and ancillary support services to blind and handicapped individuals.)
United States · United States Congress · 15 March 1988
Trademark Law Revision Act of 1988 - Amends the Lanham Act to permit a person who has a bona fide intention to use a trademark in commerce to apply to register the trademark. (Current law provides only for registration of a trademark already in use in commerce.) Requires that such trademark actually be used in commerce before it becomes a registered trademark. States that an application on an intent-to-use basis constitutes constructive use of the mark which must be resolved either through ultimate registration or other disposition before a later application for the same mark may be registered. Permits concurrent registrations by consent regardless of filing dates. Modifies the time period within which proof of a mark's distinctiveness may be offered. Eliminates the separate register for service marks. Eliminates the separate register for collective and certification marks, permitting the use of the former to indicate that their owners perform the connected service or sell the goods associated with such marks. States that when the first use of a mark is made by a related company (a licensee), then that use will inure to the benefit of the applicant or registrant. Halves the terms of registration and renewal to ten years each. Requires the deletion of marks where in the sixth year of registration their registrant does not file the required affidavit of use. Prohibits the assignment of an intent-to-use application prior to registration unless such application is assigned to the applicant's successor in business. States that a security interest in a mark is obtained only by filing in the Patent and Trademark Office and includes both the mark and the goodwill accompanying the mark. Provides for the examination of applications for registration submitted on the basis of intent-to-use. Sets forth procedures for such applications. Modifies conditions under which a mark becomes subject to cancellation because it has become a generic name. Grants the Trademark Trial and Appeal Board the authority to limit or modify the goods or services identified in a registration or application to avoid the likelihood of confusion and to determine trademark ownership rights when they are at variance with the register. Limits when final judgments may be entered in intent-to-use cases to the time such mark is registered. Eliminates the one year use requirement for applying to register a mark on the supplemental register and states that the use of such register does not constitute an admission that the mark has not acquired secondary meaning. Requires a registrant to prove the likelihood of confusion even when the right to use the mark in question is incontestable. Modifies available remedies. States that injunctive relief is not available in intent-to-use cases. Provides for a cause of action to protect trademarks against disparagement and tarnishment and for relief of a registrant claiming dilution of a famous mark registered on the principal register. Requires applicants for registration of marks in the U.S. based on foreign registration to state a bona fide intention to use such mark in commerce. Modifies definitions under such Act to reflect the creation of the intent-to-use system. Excludes use in commercials and promotion from the definition of use in commerce.
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
United States · United States Congress · 15 March 1988
Hazardous Materials Transportation Information Act of 1988 - Directs the Secretary of Transportation to conduct a region-by-region analysis of the flow of hazardous materials on highways, water, and railroads in the nine regions from which the Census Bureau derives its Commodity Transportation Survey database. Specifies the contents of such analysis, including amount of transported materials, corridors used, and incidents. Requires the Secretary to report analysis results to the Congress and each State within one year.
United States · United States Congress · 15 March 1988
Condemns the failure of the National Governing Council of Haiti to support a constitutional transition to democracy, to provide security for the Haitian people, and to respect internationally recognized human rights. Declares it to be the policy of the United States to: (1) demonstrate the disapproval of the United States of those elements in Haiti responsible for the failure to restore genuine democratic government in accordance with the Haitian Constitution (approved March 29, 1987); (2) encourage a transition to democracy through the holding of free and fair elections; (3) promote respect for human rights in Haiti; (4) continue to support efforts of the Haitian people to achieve economic development and social justice; (5) deny benefits to the Government of Haiti until there has been a transition to democracy; and (6) recognize that Haiti is a major point for the transshipment of illicit drugs. Suspends the provision of any type of foreign assistance to Haiti. Allows an exception for specified types of assistance, including emergency and humanitarian assistance. Provides that the United States shall use its vote and influence in relevant international financial institutions to oppose any loan or any extension of financial or technical assistance to Haiti, unless such assistance is directed to programs which serve the basic human needs of the citizens of Haiti. Prohibits the extension of certain trade benefits to Haiti, including: (1) treatment as a beneficiary country for purposes of the Caribbean Basic Economic Recovery Act; (2) treatment as a beneficiary developing country for purposes of the Generalized System of Preferences; and (3) specialized tariff treatment of articles exported to and returned from Haiti. Prohibits the importation from Haiti of any sugars, sirups, or molasses whenever any limitation is otherwise imposed on such importation. Prohibits the selling or leasing of any defense articles or defense services to Haiti under provisions of the Arms Export Control Act. Requires any U.S. Government agency to: (1) take into account the general policy of the United States to deny benefits to Haiti until a transition to democracy has occurred before taking any action with respect to Haiti that is not explicitly addressed by this Act; and (2) report to the Congress any decision to take such action. Requires the President to develop and transmit to the Congress a comprehensive plan for supporting individuals and institutions in Haiti committed to advancing democracy. Specifies the objectives to be considered in developing such a plan. Terminates sanctions imposed by this Act only after the Congress: (1) determines that the Haitian Constitution is being fully adhered to by a Government chosen in free elections; and (2) repeals such sanctions. Allows the President to suspend certain sanctions temporarily if he certifies to the Congress that Haiti is making significant progress toward establishment of a democratic government. Requires the President to periodically report to the Congress on the progress made toward the policy objectives of this Act. Requires the President to submit a report to the Congress which: (1) explains why Haiti has not been treated as a major-drug-transit country for purposes of the Foreign Assistance Act of 1961 and the Trade Act of 1974; and (2) states whether Haiti cooperated fully with respect to illicit drug trafficking. Repeals existing restrictions on assistance to Haiti as contained in the Foreign Operations, Export Financing, and Related Programs Act, 1988.
United States · United States Congress · 14 March 1988
Expresses the sense of the House of Representatives that FY 1989 funding for Federal-aid highway and mass transit programs should be at levels established by the Surface Transportation and Uniform Relocation Assistance Act of 1987.
United States · United States Congress · 10 March 1988
Authorizes the Administrator of Veterans Affairs to establish a program for the discounted sale of real property, manufactured homes, and lots to which a manufactured home is affixed which have been acquired by foreclosure and held for an extended time by the Veterans Administration. Limits such sales to veterans who are eligible for housing loan benefits. Allows such property to be sold at: (1) not less than 80 percent of the regular price for property offered for sale for at least three months but less than seven months; (2) not less than 75 percent of the regular price of property offered for sale for at least seven months but less than a year; and (3) not less than 70 percent of the regular price for property offered for sale for at least one year.
United States · United States Congress · 10 March 1988
Changes the definition of "Vietnam era," for purposes of veterans' benefits, to include, in the case of a veteran who served on active duty in the armed forces in Cambodia, Laos, Thailand, North Vietnam, South Vietnam, or the adjacent waters, the period from March 1, 1961 through August 4, 1964. Amends the Airport and Airway Improvement Act of 1982 to apply such definition to veterans' employment preference.
United States · United States Congress · 10 March 1988
Expresses the sense of the Congress that: (1) the Administration should pursue efforts to further liberalize the Japanese market for U.S. beef and encourage the elimination of the quota system; and (2) if a satisfactory solution is not reached with Japan when the current beef agreement expires, the U.S. Trade Representative should pursue appropriate measures in order to liberalize the Japanese beef market.
United States · United States Congress · 9 March 1988
Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman's certificate to any person whose certificate has been revoked for activities relating to controlled substances. (Current law limits such prohibition to a five-year period beginning on the date of revocation.)
United States · United States Congress · 9 March 1988
Employer Reversion Moratorium Act of 1988 - Amends the Employee Retirement Income Security Act of 1974 to prohibit distributions to an employer, before October 1, 1989, of plan assets in connection with any single-employer defined benefit plan termination announced on or after March 9, 1988. Makes plan fiduciaries jointly and severally liable for breach of fiduciary duty unless assets distributed upon plan termination are either distributed to plan participants and beneficiaries or paid into a trust whose terms provide for final disposition in accordance with applicable law in effect on October 1, 1989. Requires the dissolution of such a trust and the distribution of its assets during the month of October 1989.
United States · United States Congress · 9 March 1988
Department of Energy Nuclear Facilities Safety Act of 1988 - Establishes the Federal Facilities Nuclear Safety Board (the Board) as an independent body in the executive branch. Empowers the Board to: (1) review and evaluate health and safety standards at each Department of Energy (Department) nuclear facility; (2) investigate events or practices at each facility which may adversely affect public safety; (3) review a facility's design and construction as it pertains to public health and safety; and (4) recommend to the Secretary of Energy (the Secretary) the health and safety measures needed to ensure adequate protection of the public. Grants the Board access to Department nuclear facility design and operational data. Authorizes the Board to: (1) establish reporting requirements which shall be binding upon the Secretary; and (2) enter into agreements with the National Research Council of the National Academy of Sciences (and non-Federal experts) to evaluate differences between Nuclear Regulatory Commission regulations and Department orders governing nuclear facilities. Requires the Secretary to cooperate fully with the Board and provide it ready access to facilities, personnel, and information requested by the Board to implement its mandate. Sets forth guidelines under which the Board's recommendations and the Secretary's decision to accept or reject them shall be publicized in the Federal Register and reported in writing to the Congress. Requires the Secretary to prepare plans to implement recommendations. Sets forth a review procedure for Board recommendations regarding a severe or imminent threat to public health and safety. Requires implementation of any such recommendations which the Secretary accepts. Requires the Board and the Secretary to report annually to the Congress regarding their respective activities. Authorizes appropriations for FY 1989 through 1993.
United States · United States Congress · 9 March 1988
Community Ratepayer Protection Act of 1988 - Amends the Internal Revenue Code to repeal provisions that tax bonds issued as part of an issue if the amount of the proceeds to be used to acquire nongovernmental output property exceeds the lesser of five percent or $5,000,000. (Output property includes such facilities as electric generating and transmission systems and gas distribution systems.)
United States · United States Congress · 3 March 1988
Amends the Federal Aviation Act of 1958 to prohibit the imposition or increase of any airport landing fee or comparable facilities use charge if the Governors of two or more States request review of the fee or charge, unless the Secretary of Transportation has approved such imposition. Prescribes such a review procedure. Applies this Act to any airport at which facility construction or maintenance has been implemented in whole or in part with funds provided under the Airport and Airway Improvement Act of 1982.
United States · United States Congress · 3 March 1988
Designates the week of June 26 through July 2, 1988, as National Safety Belt Use Week. Authorizes and requests the President to: (1) urge the people to wear safety belts and use child safety seats; and (2) encourage State and local governments and concerned organizations and officials to promote greater use of these safety devices.
United States · United States Congress · 2 March 1988
Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation to promulgate regulations prohibiting any railroad employee from leaving either the scene of a railroad accident or such employee's appropriate place of duty (unless warranted because of injury or other urgent circumstances) if the employee: (1) caused or contributed to the accident; or (2) has specified responsibilities regarding the accident's aftermath. Sets forth criminal penalties for knowing or willful violation of regulations promulgated under this Act.
United States · United States Congress · 2 March 1988
Amends the Federal Employees' Retirement System Act of 1986 to allow employees under the Civil Service Retirement System to transfer to coverage under the Federal Employees' Retirement System from June 30, 1988, until January 1, 1989. (The current deadline for such election expired December 31, 1987.) Provides that certain employees subject to the Central Intelligence Agency Retirement System and Foreign Service Retirement System may also make such election during such period. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to extend from December 31, 1987, until December 31, 1988, the period for exemption from the Government pension offset applicable to employees receiving Federal retirement benefits and OASDI survivor benefits.
United States · United States Congress · 2 March 1988
Expresses the sense of the Congress that the Federal Reserve Board should take steps to prevent electronic fund transfers between financial institutions in Panama and financial institutions in the United States until the President certifies (pursuant to the Foreign Assistance Act of 1961) that Panama has cooperated fully with the United States in preventing illegal traffic in drugs.
United States · United States Congress · 1 March 1988
Community Revitalization Tax Act of 1988 - Amends Internal Revenue Code income tax accounting rules limiting passive activity losses and credits to eliminate the disallowance of credits in this context. Revises the limitation on the general business credit to allow a maximum annual credit equal to the first $20,000 of an individual taxpayer's income tax liability plus 20 percent of any excess liability. Amends provisions that reduce the investment credit base by nonqualified nonrecourse financing amounts to apply them to certain qualified rehabilitation property as if the property were subject to the at-risk rules associated with the low-income housing credit. Permits a tax-exempt organization to offset the amount of any general business credit against its unrelated business income tax liability. Revises the definition of "qualifying distribution" for purposes of the tax on a private foundation's failure to distribute income. Includes as qualifying any amount of interest foregone on a below-market loan made to a tax-exempt organization to operate a qualified low-income building. Includes as a qualified rehabilitation expenditure for tax credit purposes any expenditure in connection with the rehabilitation of a low-income building leased to a tax-exempt entity. Permits a pooled income fund having substantially all of its assets invested exclusively in qualified low-income buildings to have one or more corporations as income beneficiaries, each with a 20-year life.
United States · United States Congress · 1 March 1988
Recommends that the Department of Energy: (1) work more closely with other nations in the field of magnetic fusion research; (2) foster collaborative research in fusion materials to maximize the environmental advantages of fusion energy; and (3) continue to pursue an agreement with other nations to jointly design the International Thermonuclear Experimental Reactor.
United States · United States Congress · 1 March 1988
Calls upon the President to: (1) maintain U.S. military and humanitarian assistance to the Afghan resistance until the Soviet Union withdraws its forces from Afghanistan; and (2) ensure that any political solution to the war in Afghanistan guarantees the self-determination of the Afghan people.
United States · United States Congress · 29 February 1988
International Security and Satellite Monitoring Act of 1988 - Establishes the Commission on International Security and Satellite Monitoring. Requires the Commission to: (1) study areas in which remote-sensing satellites might be cooperatively employed, including environmental monitoring, disaster preparedness, drug trafficking, and arms reduction verification; (2) identify means to accustom all nations and the general public to the dissemination of information gathered by remote-sensing satellites; and (3) analyze the potential for the United States to solicit support for common security systems based on satellite monitoring arrangements. Sets forth specific factors for the Commission to consider in conducting such study. Prohibits the Commission from making any determinations as to whether restrictions should be placed on applicants or licensees pursuant to the Land Remote-Sensing Commercialization Act of 1984. Requires the Commission to transmit a report to the President and to the Congress containing a detailed statement of its findings, conclusions, and recommendations. Terminates the Commission two years after the enactment of this Act. Authorizes appropriations.
United States · United States Congress · 25 February 1988
Telecommunications Billing Disclosure Act of 1988 - Amends the Communications Act of 1934 to make it unlawful for any person to charge for a voice communication by telephone: (1) unless it is preceded by a disclosure of billing charges and practices and the fee meets the description offered in the disclosure; or (2) if the potential recipient ends the call within a required warning interval of at least ten seconds. Makes it unlawful, in addition, to knowingly permit one's telephone facility to be used in either of these prohibited billing contexts. Lists criteria to be met by the required disclosure of billing rates and practices. Makes violators liable to aggrieved parties and establishes authorized penalties in connection with resulting suits.
United States · United States Congress · 25 February 1988
Social Security Eligibility Reconciliation Verification and Independent Status Act of 1988 - Title I: Improvements in Records Maintenance; Protection of Benefit Levels - Directs the Secretary of Health and Human Services and the Secretary of the Treasury to jointly establish a Social Security Earnings Reconciliation Task Force through which the Secretaries shall: (1) establish within their respective departments coordinated procedures which work to reconcile discrepancies in earnings credited to employees, self-employed individuals, and beneficiaries under the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act; (2) educate the public and employers regarding methods by which they may assist in such reconciliation; and (3) actively consult with the Social Security Earnings Reconciliation Commission established by this Act. Requires the Secretaries to submit to the President and the Congress an interim report by July 1, 1989, and a final report by July 1, 1990, regarding the manner and extent to which the Task Force carried out its tasks. Terminates the Task Force 60 days after the submittal of such final report. Authorizes appropriations for the Task Force for FY 1989 and 1990. Establishes the Social Security Earnings Reconciliation Commission which shall: (1) conduct a comprehensive study of the issues pertaining to discrepancies in earnings credited under the OASDI program and Internal Revenue Code; and (2) report its findings and recommendations to the President and to the Congress by July 15, 1990. Terminates the Commission 60 days after the submittal of its final report. Authorizes appropriations for the Commission for FY 1989 and 1990. Prohibits the Congress from considering any legislation which effects a reduction in benefits under the OASDI program or title XVI (Supplemental Security Income) (SSI) of the Social Security Act. Considers the enactment of such prohibition to be an exercise of congressional rulemaking powers, subject to change in the same manner and to the same extent as any other rule of the House of Representatives or the Senate. Title II: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the OASDI and SSI programs. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the OASDI and SSI programs within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Directs the Secretary and the Social Security Board to take such measures as are necessary to ensure that this Act's provisions do not result in staffing or service reductions involving the functions transferred. Requires the Comptroller General to report to the President and the Congress by July 1, 1990, on the extent to which such staffing or service cuts have been avoided. Sets forth effective date and transitional rule provisions. Title III: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund.
United States · United States Congress · 25 February 1988
Firearms Detection Act of 1988 - Amends the Federal criminal code to prohibit the manufacture or importation of any plastic firearm unless the barrel of such firearm is constructed, in whole or in part, of a metallic substance and is susceptible to being detected by a magnetometer, or: (1) certain identifying information is engraved, cast, or stamped in a metallic substance and is susceptible to being detected by a magnetometer; and (2) the polymer portions of the frame or receiver, barrel, and slide or cylinder have been infused with a compound sufficient to render such firearm capable of being detected by airport security x-ray systems. Defines the term "plastic firearm" to mean a firearm, the frame or receiver, and slide or cylinder of which is constructed entirely of a polymer or ceramic. States that no provision of this Act shall apply to: (1) any firearm manufactured, imported, or possessed prior to the date of enactment of this Act; or (2) conduct by or under the authority of the Federal or State governments. Requires the detection devices at all federally-controlled airport security checkpoints to be set to detect all existing firearms manufactured in, or imported into, the United States. Allows any Federal agency with jurisdiction over security operations to provide security personnel, equipment, and procedures sufficient to ensure the ability to detect all such firearms.
United States · United States Congress · 24 February 1988
Amends the Commercial Motor Vehicle Safety Act of 1986 to declare that its requirements do not apply to: (1) motor vehicles registered for farm use which are driven less than 15,000 miles per year; or (2) motor vehicles used solely for fire fighting purposes.
![Official portrait of Rep. Chapman, Jim [D-TX-1]](https://www.congress.gov/img/member/c000312_200.jpg)