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United States · Official source
2,326 records where Rep. Gekas, George W. [R-PA-17] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 3 January 1989
Repeals estate tax provisions of the Internal Revenue Code with respect to inclusion in the gross estate of the value of certain types of transfers with a retained life estate. Applies the repeal retroactively in connection with property transferred after December 17, 1987.
United States · United States Congress · 3 January 1989
Designates the week of November 5 through November 11, 1989, as National Women Veterans Recognition Week.
United States · United States Congress · 3 January 1989
Establishes the Joint Committee on Intelligence. Declares that such committee has exclusive legislative jurisdiction with respect to any intelligence activity of the Federal Government and authorizations for appropriations for specified agencies and intelligence-related activities. Directs the joint committee to classify its information and records and to establish guidelines for their maintenance, use, and availability. Sets forth procedures for the disclosure of such information. Directs the joint committee to establish and carry out rules and procedures necessary to prevent the unauthorized disclosure of information. Makes conforming amendments to the National Security Act of 1947 and the Rules of the House of Representatives, including abolishing the Permanent Select Committee on Intelligence.
United States · United States Congress · 11 October 1988
Anti-Corruption Act of 1988 - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms or the filing of fraudulent campaign reports. Imposes criminal penalties upon anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official. Imposes criminal penalties upon any official who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Amends mail fraud provisions to: (1) include within the definition of a "scheme or artifice to defraud" any scheme or artifice to deprive an organization of the intangible rights of honest services in which the defendant received or attempted to receive anything of value or in which the defendant intended loss or harm to the organization; and (2) prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.
United States · United States Congress · 30 September 1988
Title I: One-Year Delay in Implementation of Medicare Catastrophic Coverage Act of 1988 - Delays the implementation of the Medicare Catastrophic Coverage Act of 1988 for one year. Title II: Bipartisan Commission to Review the Medicare Catastrophic Coverage Act - Establishes the Commission to Review the Medicare Catastrophic Coverage Act to study: (1) the effect implementation of such Act will have on Medicare (title XVIII of the Social Security Act) beneficiaries who currently have supplementary coverage; (2) how the Act's benefits compare with the benefits provided by supplementary coverage; (3) the access Medicare beneficiaries who do not have supplementary or Medicaid (title XIX of the Social Security Act) coverage have to necessary health services; (4) the feasibility and likely cost of implementing the Act's drug benefits; and (5) the benefits and financing mechanisms which Medicare beneficiaries prefer. Directs the Commission to report its findings and recommendations to the Congress within six months of this Act's enactment.
United States · United States Congress · 29 September 1988
Steel Import Stabilization Extension Act - Amends the Steel Import Stabilization Act to extend such Act for a five year period.
United States · United States Congress · 29 September 1988
Designates October 14, 1988, as National Day of Remembrance for Political Prisoners in Iran.
United States · United States Congress · 26 September 1988
Expresses the sense of the House of Representatives that: (1) the provisions of the Omnibus Drug Initiative Act of 1988 amending the formula for allocating funds to State and local governments for drug control activities should not be enacted; and (2) the current allocation formula under the Omnibus Crime Control and Safe Streets Act of 1968 should be maintained.
United States · United States Congress · 22 September 1988
Designates October 30, 1988, as Fire Safety at Home Day: Change Your Clock, Change Your Battery.
United States · United States Congress · 9 September 1988
Expresses outrage at Iraq's use of poison gas against its Kurdish minority. Calls upon Iraq to halt the use of all chemical weapons.
United States · United States Congress · 7 September 1988
Designates September 24, 1989, as United States Marshals Bicentennial Day.
United States · United States Congress · 11 August 1988
Health Waste Anti-Dumping Act of 1988 - Amends the Federal criminal code to establish criminal penalties for knowingly and without lawful authority dumping any health care facility waste: (1) upon the high seas or any waters within the admiralty and maritime jurisdiction of the United States; or (2) in any other place within the United States if interstate or foreign commerce is affected. Provides for forfeiture of property of violators. Includes wastes of veterinary services and laboratory services under the prohibition.
United States · United States Congress · 10 August 1988
States the sense of the Congress that the President or the Congress should immediately abrogate the Panama Canal Treaties of 1977 and the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal and that the Congress should repeal the Panama Canal Act of 1979.
United States · United States Congress · 26 July 1988
Designates the week beginning September 11, 1988, as National Youth 2000 Week.
United States · United States Congress · 14 July 1988
Egg Producers' Financial Protection Act of 1988 - Amends the Packers and Stockyards Act, 1921 to establish a statutory trust for the benefit of unpaid egg producers or egg handlers from the inventories of, and proceeds from, such eggs or egg products held by egg purchasers with an average annual value of eggs (by purchase or production arrangement) greater than $50,000. States that a dishonored payment instrument shall not be considered as payment. Provides that an unpaid producer or handler shall lose such trust benefit if he or she fails to give written notice of nonpayment or dishonored payment to the purchaser within specified time periods and by filing such notice with the Secretary of Agriculture. Includes egg purchase and production activities under the enforcement provisions of such Act. Includes egg purchasers under the recordkeeping provisions of such Act. States that the Secretary may only exercise jurisdiction over egg producers in prompt payment or unreasonable or discriminatory practices proceedings in order to avoid impairment of the Secretary's jurisdiction. Authorizes the Secretary to seek injunctive relief in egg payment disputes. Provides administrative enforcement authority for egg trust and prompt payment provisions under such Act. Requires a purchaser to pay a producer or handler in full within 14 days of the transfer of possession of such eggs. States that a payment delay or attempted delay shall be considered an "unfair practice" violation under such Act. States that the amendments made by this Act shall not be construed to: (1) affect the Secretary's authority with respect to live poultry or poultry products; or (2) affect the Federal Trade Commission's authority to prevent unfair competition or practices in commerce.
United States · United States Congress · 14 July 1988
Impeaches Alcee L. Hastings, a judge of the U.S. District Court for the Southern District of Florida, for high crimes and misdemeanors. Enumerates the articles of impeachment relating to: (1) a corrupt relationship with William Borders of Washington, D.C.; (2) repeated false testimony under oath at his criminal trial; (3) fabrication of false documents which were submitted as evidence in his criminal trial; and (4) improper disclosure of confidential information acquired by him as supervisory judge of a wiretap. States that such actions undermine the integrity of the judiciary and bring disrepute on the administration of justice by the Federal courts. States that Judge Hastings is guilty of an impeachable offense warranting removal from office.
United States · United States Congress · 7 July 1988
States that the United States should not negotiate compensation or reparation payments to Iran or any party in Iran in connection with the shooting down of Iran Air Flight 655 unless and until the Government of Iran negotiates compensation or reparation payments for attacks by Iranian military forces on civilian shipping and U.S. armed forces in the Persian Gulf.
United States · United States Congress · 30 June 1988
Expresses the sense of the Congress that the Government of Nicaragua should: (1) fulfill its pledge in the Esquipulas II agreement to grant a general amnesty to all political prisoners; (2) cease inhumane torture and holding prisoners incommunicado; (3) end random arrests for purposes of political intimidation; (4) allow human rights observers in all parts of prison facilities; (5) compensate former political prisoners; and (6) cease human rights violations.
United States · United States Congress · 27 June 1988
Anti-Drug Abuse Amendments Act of 1988 - Title I: Chemical Diversion and Trafficking, Clandestine Laboratories and Manufacturing of Controlled Substances - Subtitle A: Chemical Diversion and Trafficking - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act (CSA) to establish recordkeeping and reporting requirements for persons who manufacture, distribute, import, or export a listed precursor or essential chemical. Prohibits transactions involving these items unless the recipient provides both a certificate of lawful use and proper identification. Requires the Attorney General to report annually, not later than December 31, on the number and types of these certificates during the preceding fiscal year, along with an analysis of the law enforcement effectiveness of their issuance. Includes confidentiality provisions with respect to records, authorizing an aggrieved person to bring a civil action against violators. Authorizes the Attorney General to prescribe necessary regulations to govern reporting and recordkeeping. Lists criteria to be met by any such regulations, including a one-year limitation on any regulation's effectiveness. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person, if the relationship is reported to the Attorney General. Authorizes the Attorney General to order the suspension of a transaction. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Imposes criminal penalties upon persons who knowingly or intentionally import or export a listed chemical with intent to manufacture a controlled substance or with reasonable cause to believe that the chemical will be used for such a purpose. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the Controlled Substances Act to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) distribute a listed chemical unlawfully; or (4) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules that 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. Subtitle B: 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 to implement a program for the cleanup and disposal of hazardous wastes produced by clandestine drug laboratories. Directs the Task Force to transmit reports to the President and to each House of the Congress on the program and its progress. Subtitle C: Criminal Penalty for Endangering Human Life While Manufacturing a Controlled Substance - Amends the CSA to establish crminal penalties for creating a substantial risk of harm to human life while manufacturing (or attempting to manufacture) a controlled substance, except as authorized by such Act. Title II: Asset Forfeiture Amendments - Asset Forfeiture Amendments Act of 1988 - Amends the Federal judicial code to require annual Comptroller General audits of the Department of Justice Assets Forfeiture Fund. Directs the Attorney General to deposit in the Treasury at the end of each fiscal year up to $5,000,000 of Fund amounts in excess of its obligations. Repeals provisions authorizing transfers of excess Fund monies to the Building and Facilities Account of the Federal Prison System. Authorizes the Attorney General to exempt certain contract services from specified advertising and procurement requirements if necessary to maintain the security and confidentiality of an investigation. Decreases the percentage of program related use required in connection with automatic data processing equipment purchased or leased with Fund monies. Amends the Controlled Substances Act to exempt conveyances from forfeiture for drug abuse violations, to the extent of the interest of an owner who did not know of or consent to the relevant unlawful act or omission. Directs the Attorney General to assure that equitable sharing principles are applied with respect to property transferred to a State or local law enforcement agency that participated directly in the seizure or forfeiture. Instructs the Attorney General and the Secretary of the Treasury to develop and maintain a joint plan to coordinate and consolidate post-seizure administration of property seized under controlled substances laws. Sets forth procedures governing the seizure, return, and civil forfeiture of property under the CSA. Title III: State and Local Assistance - State and Local Law Enforcement Assistance Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to earmark five percent of funds appropriated to the Bureau of Justice Statistics for grants to States and to local governments to improve the accuracy and completeness of criminal history information. Transfers responsibility for the appointment of the Director of the Bureau of Justice Assistance (Bureau) from the Attorney General to the President, requiring the advice and consent of the Senate. Authorizes the Bureau to make grants to States for the purpose of developing and implementing antiterrorism plans for deep draft ports, international airports, and other facilities. Revises application requirements for drug law enforcement grants to States to require certification that the State is undertaking specified types of activities to reduce the demand for controlled substances. Adds provisions to: (1) govern State distribution of funds to local governments under formula grants for drug law enforcement programs; and (2) permit local governments to apply directly to the Bureau Director for grants. Describes application procedures, the review process, allocation and distribution criteria, and recordkeeping and reporting requirements in connection with these grants. Decreases the Federal percentage of expenditures under the grants. Revises the allocation of funds for discretionary grants to public agencies and private nonprofit organizations for drug law enforcement programs. Authorizes discretionary grants to States and local governments for a special discretionary fund to finance drug law enforcement officer incentives, training, and recruitment programs. Earmarks amounts for these grants. Authorizes FY 1989 through 1992 appropriations for the Bureau of Justice Statistics, the National Institute of Justice, the Bureau of Justice Assistance, and for grants to States and local governments for criminal justice facility construction under a pilot program. Increases the FY 1989 authorization for grants to States and local governments for drug law enforcement programs and authorizes FY 1990 through 1992 appropriations for such grants. Includes programs for alcohol-dependent offenders and provision of automated fingerprint identification systems among activities authorized under the block grant program of the Bureau of Justice Assistance. Title IV: Drug Enforcement Enhancement Act of 1988 - Drug Enforcement Enhancement Act of 1988 - Authorizes appropriations to DOJ for the Drug Enforcement Administration for FY 1988 and 1989 and for Organized Crime Drug Enforcement and the Immigration and Naturalization Service for FY 1989. Title V: Common Carrier Operation Under the Influence of Alcohol or Drugs - Presumes an individual operating a common carrier to be under the influence of alcohol with a blood content of or above .10 percent. Title VI: Money Laundering - Money Laundering Prosecution Improvements Act of 1988 - Amends the Federal criminal code to authorize expressly the Internal Revenue Service and the U.S. Postal Service to investigate certain violations concerning the laundering of monetary instruments and monetary transactions in property derived from various unlawful activities. Excludes monetary transactions involving bona fide attorney fees from consideration as unlawful activity for particular racketeering law purposes. Revises the definition of "monetary instrument" for money laundering purposes. Establishes criminal penalties for knowingly conducting or attempting to conduct a financial transaction involving proceeds of specified unlawful activity with intent either to evade or defeat tax or to make fraudulent and false statements. Amends the Right to Financial Privacy Act of 1978 to permit the transfer of financial records from an agency to the Attorney General upon certification by an agency official that the records are relevant to a violation of Federal criminal law. Permits use of such records for criminal investigative or prosecutional purposes only. Title VII: Drug Czar - Establishes in the Executive Office of the President the Office of Anti-Drug Operations and Policy. Requires the Director of the Office to serve as the principal director and coordinator of U.S. operations and policy on drug control and abuse. Requires the Director to submit to the Congress at specified intervals a National and International Drug Control Strategy, including a complete list of goals and priorities, and an assessment of how budget priorities reflect and implement such strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Provides for the transfer of all records and property of the Board to the Office. Repeals certain provisions of the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1989. Provides for a coordinated budget submission for Federal drug control and enforcement agencies. Title VIII: Postal Inspection Service Drug Enforcement Authority - Amends the Federal criminal code to permit certain Postal Service personnel to carry firearms and make seizures of property under specified circumstances. Amends the Controlled Substances Act to allow the Postal Service to carry out the Attorney General's civil forfeiture activities with respect to controlled substances and related articles and conveyances. Directs that proceeds of forfeitures conducted by the Postal Service be deposited in the Postal Service Fund. Title IX: Benefits for Drug Enforcement Agents Overseas - Authorizes the payment of benefits to overseas personnel out of DOJ appropriations. Requires the Attorney General to report to the Congress within 120 days on the implementation of this section. Title X: Drug Aftercare Enhancement - Amends the Contract Services for Drug Dependent Federal Offenders Act of 1978 to increase amounts authorized for FY 1988 and 1989 for the drug aftercare program of the Administrative Office of the U.S. Courts. Title XI: Study of Alternative Judicial System - 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 to the Congress within 180 days of enactment of this Act. Title XII: Increased Penalties for Crack Violations - Amends the CSA to provide for increased penalties for possession of certain mixtures or substances containing a cocaine base Title XIII: Sense of Congress With Respect to Legalization of Drugs - Expresses the sense of the Congress opposing any proposal to legalize illicit drugs. Title XIV: User Accountability - Makes individuals convicted of certain drug offenses ineligible for Federal benefits. Title XV: Interdiction of Supply of Firearms to Drug Traffickers - Amends the Federal criminal code to establish penalties for: (1) travelling from one State to another and acquiring or transferring a firearm with the intent to violate controlled substance laws; or (2) transferring a firearm with the knowledge that it will be used to commit a violent crime or a drug trafficking crime. Title XVI: National Training Center for Prison Drug Rehabilitation Program Personnel - Requires the Director of the National Institute of Corrections to establish and operate a national training center for training Federal, State, and local prison officials to conduct drug rehabilitation programs for criminals convicted of drug-related crimes and for drug-dependent criminals. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 21 June 1988
Anti-Public Corruption Act of 1988 - Makes it a crime for any person to endeavor by scheme or artifice corruptly to deprive or defraud the inhabitants of a State or political subdivision of the honest services of a State or local official or employee or to deprive inhabitants of a fair and impartially conducted election through fraudulent ballots or voter registration forms. Specifies the jurisdictional bases for the offenses as the use of the U.S. mails, use of interstate or foreign communications, or use of or effect on interstate or foreign commerce. Imposes criminal penalties for endeavoring to deprive or defraud U.S. inhabitants of the honest services of a public official or person selected to be a public official. Amends the Racketeer Influenced and Corrupt Organizations statute (RICO) and electronic surveillance statutes to add a reference to the public corruption offenses created by this Act.
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
Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty where any person: (1) engaging in a continuing criminal enterprise intentionally, or with reckless indifference to human life, kills or participates in the killing of any individual; or (2) intentionally, or with reckless indifference to human life, kills or participates in the killing of a law enforcement officer during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution, or service of a prison term for a felony violation of such Act. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing the factors it will seek to prove as a basis for the death penalty. 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 the 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. Prohibits the death sentence with respect to any person who: (1) was under 18 years of age at the time the crime was committed; or (2) by reason of mental disease or defect is unable to understand his or her impending death or its reasons. Sets forth both mitigating and aggravating factors to be considered by the jury or the court when imposing its sentence. Includes among the latter: (1) the intentional nature of the act that resulted in the victim's death; (2) previous convictions for Controlled Substances Act violations; 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, or sex of the defendant in its consideration of the sentence. Requires each juror to return a signed certificate stating that these features were not considerations in determining the sentence. Directs the Comptroller General to: (1) conduct a study of the procedures used by States in determining whether to impose the death penalty; and (2) report to the Congress on any factors that may account for the evidence that the race of the defendant or victim influences the likelihood that defendants will be sentenced to death. Allows the court to impose a sentence of life imprisonment without the possibility of parole if 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. States that no employee shall be required to participate in or attend any execution carried out under this Act if such participation is contrary to the employee's moral and religious convictions.
United States · United States Congress · 16 June 1988
Designates the Labor Day Weekend beginning on September 3, 1988, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 8 June 1988
Public Safety Officers' Death Benefits Amendments of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase from $50,000 to $100,000 the benefits paid to survivors of public safety officers (law enforcement officers and fire fighters) who die as a result of injury sustained in the line of duty. Allows such benefits to be paid to nondependent parents as beneficiaries.
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
Designates the week of November 21 through November 27, 1988, as National Adoption Week.
United States · United States Congress · 17 May 1988
Designates March 25, 1989, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy.
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 · 12 May 1988
Declares that the Congress recognizes the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan between December 8 and December 23, 1941.
United States · United States Congress · 21 April 1988
Terrorist Firearms Detection Act of 1988 - Amends the Federal criminal code to prohibit the manufacture, importation, sale, transfer, or possession of plastic firearms. Defines the term "plastic firearm" to mean any firearm: (1) containing less than 3.7 ounces of metal; or (2) of which any major component, when subjected to inspection by x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. States that no provision of this Act shall apply to conduct by or under the authority of the Federal or State governments. Provides an exemption from such prohibition for any firearm possessed in the United States before the enactment of this Act. Requires the Secretary of the Treasury to submit biennial reports to the Congress regarding the state of the art of firearm manufacture and firearm detection technology. Repeals such prohibition five years after the effective date 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 · 14 April 1988
Designates September 15, 1988, as National Drug Abuse Resistance Education Day.
United States · United States Congress · 31 March 1988
Designates May 1988 as Take Pride in America Month.
United States · United States Congress · 31 March 1988
Expresses the sense of the Congress that the Surgeon General should declare that drunk driving is a national crisis.
United States · United States Congress · 30 March 1988
Federal Law Enforcement Officers Death Penalty Act of 1988 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. 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 death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. 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, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 30 March 1988
Designates the period of April 17 through April 24, 1988, as Jewish Heritage Week.
United States · United States Congress · 30 March 1988
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 30 March 1988
Calls upon the Soviet Union and its allies to withhold further military assistance to the Government of Nicaragua and to withdraw military advisors and support personnel from that country. Calls upon the Government of Nicaragua to: (1) reverse significantly the growth of its armed forces; (2) work toward a stabilization of the regional military balance and prevent the introduction of advanced weapon systems; and (3) separate the armed forces from the Sandinista political party.
United States · United States Congress · 24 March 1988
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 24 March 1988
Designates the week of September 25, 1988, as Religious Freedom Week.
United States · United States Congress · 17 March 1988
Amends the Tax Reform Act of 1986 to create a special rule for the income tax treatment of amounts received, but not as an annuity, under an annuity, endowment, or life insurance contract in connection with certain State plans permitting employee withdrawals of their contributions.
United States · United States Congress · 17 March 1988
Directs the President to designate the month of May 1988 as Older Americans Month.
United States · United States Congress · 17 March 1988
Calls for the reestablishment of the National Bipartisan Commission on Central America to study the nature of U.S. interests in the region and the threats now posed to those interests. Directs the Commission to provide advice to the President, the Secretary of State, and the Congress on a long-term U.S. policy and on a means of building a national consensus on a comprehensive U.S. policy for the region.
United States · United States Congress · 16 March 1988
Terrorist Firearms Detection Act of 1988 - Amends the Federal criminal code to prohibit the manufacture, importation, sale, transfer, or possession of undetectable firearms (firearms which are not susceptible to detection by magnetometers commonly used at airports). Provides an affirmative defense where the defendant proves that the firearm is of a type which the Secretary of the Treasury has determined to be susceptible to detection by magnetometer. States that this Act does not apply to: (1) conduct by or under the authority of the United States; or (2) certain prototype or model firearms. Requires the Secretary to submit annual reports to the Congress regarding the state of firearm and firearm detection technology.
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 · 9 March 1988
Designates the week of November 6 through November 12, 1988, as National Women Veterans Recognition Week.
United States · United States Congress · 9 March 1988
Declares that the President should: (1) posthumously award the Presidential Medal of Freedom to Charles E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their efforts to document the Afghan struggle for freedom; and (2) present the award to those individuals' families on March 21, 1988, the start of the new year in Afghanistan.
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.
United States · United States Congress · 17 February 1988
Designates the week beginning May 15, 1988, as National Rural Health Awareness Week.