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Official portrait of Rep. Kemp, Jack [R-NY-38]

Rep. Kemp, Jack [R-NY-38]

United States · Official source

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  • R · R · present
  • · House of Representatives · present

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Resolution· HCONRESH.Con.Res. 383 (100th)reported

A concurrent resolution expressing the sense of the Congress regarding the restoration of democracy to Haiti and on conditions for the resumption of United States assistance to that country.

United States · United States Congress · 3 October 1988

Links resumption of U.S. assistance to the Government of Haiti to actions by the Haitian Government to: (1) embark upon a credible transition to democracy; (2) strictly observe human and civil rights and institute a judicial process to investigate and prosecute violations of human rights; (3) reform a corrupt bureaucracy; (4) promote economic development that will benefit the Haitian people; (5) improve cooperation with the United States in dealing with narcotics trafficking through Haiti and to take steps to halt the involvement of the Haitian military in the transshipment of illicit drugs; and (6) demonstrate the willingness of the Haitian armed forces to submit to legally constituted civil authority and to respect and abide by the Haitian Constitution. States that: (1) there will be no resumption of regularized and sustained government-to-government assistance until the election of a civilian government pursuant to free, fair, and open elections; and (2) the appropriate executive branch officials should consult with the Congress before any kind of assistance is made available by the United States to the Government of Haiti. Declares support for the people of Haiti and their desire for democratic government and economic development. Urges the appropriate committees of the Congress to conduct hearings to determine appropriate and necessary legislative actions to promote free, fair, and open elections leading to civilian government in Haiti. States that the appropriate executive branch officials should examine ways that the United States can work with its allies and appropriate international organizations to develop a consistent and sustainable multilateral policy toward Haiti.

Bill· HRH.R. 5415 (100th)referred

A bill to allow the obsolete submarine ex-Croaker (ex-SS-246) to be transferred to the Buffalo and Erie County Naval and Servicemen's Park in Buffalo, New York, before the expiration of the otherwise applicable 60-day congressional review period.

United States · United States Congress · 28 September 1988

Allows the obsolete submarine ex-Croaker to be transferred to the Buffalo and Erie County Naval and Servicemen's Park in Buffalo, New York, before the expiration of the otherwise applicable 60-day congressional review period.

Bill· HRH.R. 5368 (100th)referred

A bill to amend the Foreign Assistance Act of 1961 to authorize international disaster assistance for Jamaica to assist in alleviating the human suffering caused by Hurricane Gilbert.

United States · United States Congress · 23 September 1988

Amends the Foreign Assistance Act of 1961 to authorize the President to furnish disaster assistance to Jamaica to alleviate the suffering caused by Hurricane Gilbert. Authorizes appropriations. Requires that a certain amount of such appropriations be transferred to the Peace Corps for disaster relief programs in Jamaica under the Peace Corps Act.

Resolution· HRESH.Res. 505 (100th)passed

A resolution condemning the systematic violation of international recognized human rights by the Government of Romania.

United States · United States Congress · 28 July 1988

Condemns the Romanian Government's systematic violation of human rights. Protests the planned program of destruction of traditional settlements in violation of human rights, minority cultural rights, and property rights. Urges institutional reforms by the Romanian Government to comply with international agreements, including the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Universal Declaration of Human Rights. Urges continued presidential and Secretary of State action to bring about reforms. Urges the President not to consider providing any special benefit for Romania until a thorough human rights reform is instituted, including substantial actual improvement in the right of emigration, the rights of national minorities, and freedom of religion.

Bill· HJRESH.J.Res. 625 (100th)referred

A joint resolution Entitled: " Nicaragua Freedom Act of 1988".

United States · United States Congress · 27 July 1988

Declares it to be the policy of the United States to enhance its security and that of the democratic countries of Central America by assisting in the achievement of: (1) democracy in Nicaragua; (2) an end to Soviet, Cuban, and other Communist bloc military or security assistance to Nicaragua; (3) an end to Nicaraguan aggression and subversion against other countries in Central America; and (4) the reduction of the military and security forces of Nicaragua. Requires the President to report bimonthly to the Congress concerning: (1) Nicaraguan violations of certain Central American peace agreements; and (2) the receipt by Nicaragua of Soviet, Cuban, Communist bloc, and other foreign military or security assistance. Authorizes the President to transfer to the Agency for International Development from specified Department of Defense appropriations accounts a specified amount of funds to provide humanitarian assistance, civic action, and nonmilitary training to the Nicaraguan democratic resistance and to strengthen resistance human rights programs. Sets forth specific requirements for the transportation of such assistance, including the indemnification of leased aircraft and the provision of passive air defense equipment for such aircraft. Authorizes the President to transfer a specified amount of funds from Defense Department appropriations accounts to departments and agencies he may designate to be held in escrow to provide additional assistance (including lethal assistance) for the Nicaraguan democratic resistance. Prohibits making such funds available for such additional assistance unless the President certifies to the Congress that: (1) no definitive ceasefire is in place that was agreed to by the Government of Nicaragua and the Nicaraguan democratic resistance; (2) the failure to achieve such a ceasefire results from the lack of good faith efforts by the Government of Nicaragua to comply with certain Central American peace agreements; and (3) the Nicaraguan democratic resistance has engaged in good faith efforts to achieve such a ceasefire. Suspends any lethal assistance being provided after such a certification is made during any time an agreed ceasefire is in place in Nicaragua. Provides that the general authorities and limitations of specified Acts shall be deemed to have been met for the transfer and the use of funds as provided in this Act. Declares that the Congress encourages the President to submit proposals for bilateral and multilateral action to: (1) provide additional economic assistance to the democratic countries of Central America; (2) facilitate the ability of Central American economies to grow through the development of their infrastructure, expansion of exports, and the strengthening of increased investment opportunities; (3) provide a more realistic plan to assist Central American countries in managing their foreign debt; and (4) develop these initiatives in concert with Western Europe, Japan, and other democratic allies. Provides that if the Government of Nicaragua and the Nicaraguan democratic resistance sign a comprehensive final peace agreement: (1) the President shall terminate the trade embargo imposed against Nicaragua; and (2) a specified amount of funds shall be made available to provide assistance for the relocation and reintegration into Nicaraguan civil society of members of the Nicaraguan democratic resistance. Authorizes the President to provide additional economic incentives to Nicaragua if, after 180 days after such final agreement is signed, the President certifies to the Congress that the Government of Nicaragua is continuing to comply with that agreement. Specifies such economic incentives as: (1) designating Nicaragua as a beneficiary country for purposes of the Caribbean Economic Recovery Act; (2) designating Nicaragua as a beneficiary developing country for purposes of the generalized system of preferences; and (3) authorizing loan assistance to Nicaragua under the Export-Import Bank Act of 1945.

Law· HJRESH.J.Res. 626 (100th)enacted

A joint resolution designating September 13, 1989, as "Uncle Sam Day".

United States · United States Congress · 27 July 1988

Designates September 13, 1989, as Uncle Sam Day in honor of Samuel Wilson of the city of Troy, New York, on the occasion of the 200th anniversary of the city. (Samuel Wilson was the progenitor of the national symbol, Uncle Sam.)

Bill· HRH.R. 5020 (100th)referred

President's Pro-Life Act of 1988

United States · United States Congress · 12 July 1988

President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.

Bill· HRH.R. 4842 (100th)open

Comprehensive Anti-Drugs Act of 1988

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.

Bill· HRH.R. 4790 (100th)open

College Savings Bond Act of 1988

United States · United States Congress · 10 June 1988

College Savings Bond Act of 1988 - Authorizes the Secretary of the Treasury to issue college savings bonds in the interest of encouraging long-term savings for postsecondary education. Amends the Internal Revenue Code to exclude from the gross income of an individual any interest on college savings bonds to the extent these proceeds are used to pay the qualified educational expenses (tuition, fees, books, supplies, reasonable living expenses) of the taxpayer, spouse, child, or dependent at an institution of higher education, including a postsecondary vocational school. Decreases the permissible exclusion for taxpayers having adjusted gross income above $60,000, allowing no exclusion if income exceeds $80,000.

Bill· HJRESH.J.Res. 589 (100th)referred

A joint resolution to designate August 1, 1988, as "Helsinki Human Rights Day".

United States · United States Congress · 9 June 1988

Designates August 1, 1988, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; (4) convey to U.S. allies the importance of unity regarding such Accords; (5) continue his efforts to achieve, before the end of the Vienna meeting, the release of all political prisoners of the Soviet Union, an increase in Soviet emigration, resolution of all family reunification cases, cessation of all radio transmission jamming, and the repeal of laws and practices which undermine human rights; (6) seek the inclusion, in any concluding document agreed to in Vienna, of a mechanism to sustain human rights progress after the Vienna meeting; and (7) convey to signatory states the insistence of the United States for a result at Vienna that will not favor military security at the expense of human rights.

Bill· HRH.R. 4690 (100th)open

Plant-Opening and Jobs Creation Act of 1988

United States · United States Congress · 25 May 1988

Plant-Opening and Jobs Creation Act of 1988 - Title I: General Tax Incentives - Amends the Internal Revenue Code to reduce the tax rate on capital gains realized by corporations from: (1) 34 percent to 15 percent in the case of the alternative tax; and (2) 20 percent to 15 percent in the case of the minimum tax. Restores the permitted exclusion from the gross income of an employee of up to $5,250 of educational assistance provided under an employer's educational assistance program. (Under current law the exclusion expired as of January 1, 1988.) Eliminates the increase in both employer and employee tax rates under the Federal Insurance Contributions Act (social security taxes) scheduled to go into effect in 1990 and thereafter. Reduces the unemployment tax rate from 6.2 percent to 6.0 percent as of 1989. (Under current law the reduction becomes effective in 1991). Title II: Enterprise Zones - Enterprise Zone Development and Employment Act of 1988 - Subtitle A: Designation of Enterprise Zones - Provides for the designation of enterprise zones by the Secretary of Housing and Urban Development (Secretary) for purposes of providing tax and regulatory relief and improving local services. Specifies that States and local governments shall nominate areas for designation. Limits to 100 the total number of areas that may be designated as enterprise zones. Limits the period during which: (1) the Secretary has authority to designate zones; and (2) the designations may remain in effect. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to residents of the area. Describes areas to which the Secretary must give preference in selecting nominated areas for designation as enterprise zones. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Subtitle B: Federal Income Tax Incentives - Part I: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the amount of such credit at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Part II: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits the credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, and be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during that period. Requires the recapture of such credit upon the early disposition of the property. Part III: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property if, within one year after such sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within such a zone). Part IV: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Requires that the gain from the disposition of the stock be treated as ordinary income. Includes recapture provisions. Part V: Rules Relating to Private Activity Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Modifies certain small issue volume limitations with respect to enterprise zone facilities. Part VI: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses that become worthless during the taxable year. Part VII: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Part VIII: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Part IX: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. Subtitle C: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and to consolidate all periodic reports required under such programs into one summary report. Subtitle D: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones. Title III: Trade Provisions - Subtitle A: Expanded Trade Negotiating Authority - Directs the President to begin negotiations with Mexico, the Caribbean Basin countries, and Canada to establish a North American free trade area. Requires any agreement reached through such negotiations to be reciprocal and to provide mutual reductions in trade barriers. Authorizes the President to enter into bilateral and multilateral trade agreements with foreign countries to establish expanded trade areas. Requires any agreement to ensure a mutual and reciprocal reduction of tariff and nontariff trade barriers. Authorizes the President to enter into trade agreements with any developing country for the purpose of establishing expanded trade areas and ultimately promoting a reciprocal reduction in trade barriers. Requires such agreements to provide for a gradual (within five years) reduction or elimination of tariff and nontariff trade barriers by the developing country. Authorizes the President to enter into such an agreement only if specified determinations are made. Requires termination or suspension of the agreement if the developing country fails to carry out its obligations under the agreement. Authorizes the President to enter into any multilateral trade agreement resulting from the Uruguay round of trade negotiations conducted under the General Agreement on Tariffs and Trade. Authorizes the President to exclude from any agreements negotiated under this title any article if such exclusion is necessary to achieve an agreement for an expanded trade area. Sets forth the requirements for implementation of trade agreements entered into under this title, including congressional oversight provisions. Subtitle B: Elimination of Unfair Trade Practices and Barriers to Trade - Requires the President, upon the determination that a foreign country consistently engages in unfair trade practices identified in a specified report, to: (1) suspend or terminate any negotiations with such country under Subtitle A if insufficient progress is being made in obtaining an agreement to expand trade; (2) initiate negotiations with any other country whose exports compete with the exports of such country in order to establish an expanded trade area with the other country; or (3) expedite any existing negotiations under Subtitle A with any other country whose exports compete with the exports of such country in order to establish an expanded trade area with the other country. Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to conduct an annual study concerning enumerated issues relating to both domestic and foreign trade barriers and their effect on U.S. commerce. Subtitle C: Anti-Protectionism and Trade Promotion - Requires the Director of the Congressional Budget Office to prepare for each bill or joint resolution reported by any congressional committee that may affect international trade an estimate of its costs and effects with respect to U.S. consumers. Requires these estimates to be submitted to the appropriate committees and to be included in their reports. Declares that it shall not be in order for either House of the Congress to consider any bill or joint resolution if the committee report does not contain such estimate. Requires the Secretary of the Treasury to submit annually to the USTR, a list, by country, of current loan disbursements and any loan applications that are likely to be brought before loan review committees of multilateral development banks during the calendar year. Requires the USTR to identify the foreign countries on that list that take actions or maintain policies that restrict the sale of U.S. products in their markets or provide an unfair economic advantage for their products over U.S. products. Requires the Secretary and the USTR jointly to develop recommendations of trade liberalization actions for these countries. Directs the Secretary to instruct the U.S. executive director of each multilateral development bank and of the International Monetary Fund to: (1) oppose loans to any country on the list that refuses to accept the trade liberalization recommendations; and (2) oppose any "drawing" of any approved loan by such a country if it has failed to carry out the trade liberalization recommendations developed as a condition of the loan. Subtitle D: Provisions Relating to Intellectual Property, Etc. - Part I: Countries that Deny Adequate and Effective Protection - Amends the Trade Act of 1974 to require the USTR to publish annually: (1) a list identifying foreign countries that deny adequate and effective protection of intellectual property rights or deny fair market access to U.S. persons who rely upon intellectual property protection; and (2) a list of the identified countries that the USTR determines to be countries that have the most onerous policies or practices in this regard and that are not entering into good faith negotiations or making significant progress to provide intellectual property protection. Provides for deletions and additions to the listing and for publication in the Federal Register of the identified countries. Part II: Protection under Tariff Act - Amends the Tariff Act of 1930 to include as unfair methods of competition and unfair import practices, but only in connection with products of already-established U.S. industries, the importation or sale of: (1) articles whose form or manufacturing process infringes a valid U.S. patent or trademark; or (2) a semiconductor chip product that infringes a U.S. registered mask work. Permits persons aggrieved by unfair import trade practices to petition the International Trade Commission to issue an order to exclude the article in question from entry into the United States during investigation. Increases civil monetary penalties for violations of Commission cease-and-desist orders. Provides for injunctions and for a general exclusion of an article from entry in cases when an alleged violator fails to answer a complaint or respond to an investigation. Permits the Commission, subject to notice and hearing requirements, to order the forfeiture of articles that violate proper import trade practices.

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