United States · United States Congress · 3 January 1989
Merchant Mariners Fairness and Memorial Act of 1989 - Provides that certain qualified service of a member of the U.S. merchant marine during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Defines "qualified service." Prohibits the payment of any retroactive benefits under this Act. Authorizes the Secretary of Transportation to convey the right, title, and interest of the United States in vessels in the National Defense Reserve Fleet to nonprofit organizations for use in funding merchant marine memorials, provided the vessels have no usefulness to the Government and are scheduled to be scrapped and the organizations agree to sell the vessels for scrap, divide the proceeds, and use them for memorials. Requires organizations to have raised a minimum amount from non-Federal sources before enactment of this Act in order to participate in the sale. Limits an organization to one grant under this Act.
United States · United States Congress · 3 January 1989
Federal Employees' Political Activities Act of 1989 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1989
Enterprise Zone Improvements Act of 1989 - Title I: Housing and Community Development Provisions - Amends the Housing and Community Development Act of 1987 to require each Federal agency that provides special assistance to enterprise zones or that waives or modifies rules within such zones to report to the Congress and to the Secretary of Housing and Urban Development identifying its actions. Broadens the scope of funding sources for State and local government actions required in connection with tax relief and regulatory simplification in enterprise zones. Directs Federal agencies to seek to provide special assistance to enterprise zones, including expedited processing, priority funding, program set-asides, and technical assistance. Authorizes all Federal agencies to waive or modify rules within enterprise zones. (Under current law, only the Secretary of Housing and Urban Development and, in some cases, the Secretary of Agriculture may do so.) Adds the promotion of affordable housing and law enforcement as objectives justifying waiver or modification of Federal agency rules in an enterprise zone. Title II: Federal Income Tax Incentives - Subtitle A: 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 credit amount 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. Subtitle B: 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. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Subtitle C: 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 enterprise zone property if, within one year after the sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within a zone). Subtitle D: 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 its original issue by a qualified issuer. Treats any gain from the disposition of the stock as ordinary income. Subtitle E: Rules Relating to Private Activity Bonds - Declares that: (1) limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property; and (2) the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone business that become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 percent to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Subtitle H: 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. Subtitle I: Regulations - Directs the Secretary to issue regulations to carry out the provisions of this Act not later than six months after enactment. Title III: 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.
United States · United States Congress · 3 January 1989
Fairness in America Health Care Act of 1989 - Title I: One-Year Delay in Implementation of Medicare Catastrophic Coverage Act of 1988 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. 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 beneficiaries who currently have supplementary coverage; (2) how such 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 such 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 or by September 1, 1989, whichever is earlier.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
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
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
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 · 3 January 1989
Amends rule XXI of the Rules of the House of Representatives to prohibit consideration of bills or resolutions making appropriations under the jurisdiction of more than one subcommittee of the Appropriations Committee for periods after November 30 of a fiscal year, unless three-fifths of the House votes to waive or suspend this provision.
United States · United States Congress · 3 January 1989
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should immediately study and report to the Congress on ways to correct the benefit disparity caused by the 1977 changes in the social security benefit formula under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
United States · United States Congress · 20 October 1988
Directs the Consumer Product Safety Commission to revoke the exemption from classification as a banned toy for use by children granted for lawn darts and other similar sharp-pointed toys, unless the Commission finds that such products do not have the potential for causing puncture wound injury.
United States · United States Congress · 12 October 1988
Local Television Service Act of 1988 - Amends the Communications Act of 1934 to mandate a policy under which the Federal Communications Commission (FCC) allocates VHF (very high frequency) commercial television broadcasting channels in ways that assure no fewer than one such channel to each Principal Metropolitan Statistical Area (PMSA) of more than 1,000,000 persons, if technically feasible. Directs the FCC to: (1) order reallocation of a channel or the hyphenation of a community of license within such a PMSA if a VHF commercial television broadcast station licensee notifies the FCC that it wishes such action; (2) issue a license to the licensee under the changed conditions for a term equal to the term remaining on the existing license; and (3) permit the license to be renewed for another term without considering other applications for the same channel, if certain findings are made. Requires the FCC to initiate rulemaking to ensure primary program service from at least one VHF commercial television station to any PMSA in question that is not receiving such service. Directs the FCC to report to the Congress on these proceedings and on recommendations to achieve the expressed policy.
United States · United States Congress · 3 October 1988
Asbestos Information Act of 1988 - Requires that those who manufacture or process asbestos or asbestos-containing material report to the Administrator of the Environmental Protection Agency, within 90 days after this Act's enactment, on the years of manufacture, the types or classes of product, and other identifying characteristics reasonably necessary to identify or distinguish such material. Requires the Administrator to publish such information within 180 days after this Act's enactment.
United States · United States Congress · 3 October 1988
Public Interest Hydroelectric Licensing Act of 1988 - Amends the Federal Power Act to state that it does not mandate licensing of the continued operation of an existing hydroelectric project which is located on non-navigable waters and unimproved since August 26, 1935. Prohibits the Federal Energy Regulatory Commission from issuing a license to any person but the owner of such a project.
United States · United States Congress · 30 September 1988
Comprehensive Environmental Risk Management Act of 1988 - Expresses the U.S. policy regarding Federal environmental protection activities administered by the Environmental Protection Agency, including that such activities shall attain the greatest risk reduction possible with the resources available. Requires the Administrator of EPA to act to protect human health and the environment on the basis of careful assessment of risks and evaluation of control options for their management. Requires the development of risk assessment guidelines covering specified elements, including mutagenicity assessment, carcinogenicity assessment, exposure estimates, reproductive risks, and ecological effects. Requires guidelines to include hazard determinations, dose response assessments, exposure assessments, and risk characterizations. Requires a report to the Congress projecting the net risk reduction and costs that would result from control and abatement of environmental hazards in accordance with this Act. Requires inclusion of a list of human and environmental risks with which the EPA is concerned and the potency, exposure, and other information for each risk. Requires recurring reports every four years. Requires an annual report to the Congress projecting the net risk reduction and costs that would result from the implementation of each of the Agency's abatement and control programs. Requires a report on the status of risk assessment within the Federal Government, to include a review of risk assessment activities presently being carried out within Federal agencies with a mandate to protect the public health, specifying under which legislative authority they are and are not being carried out, and the limitations under such authorities which prevent the full utilization of risk assessment. Authorizes appropriations.
United States · United States Congress · 30 September 1988
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit persons from dumping sewage sludge or industrial waste into the ocean without a permit. Prohibits all such dumping after 1992. Imposes dumping fees which increase with the approach of 1993. Requires that 85 percent of such fees be deposited in a trust account for the development of environmentally sound alternatives to ocean dumping or improvement in sewage sludge and industrial waste treatment and storage techniques. Pays the remainder of such fees to the Administrator of the Environmental Protection Agency for ocean dumping permit, enforcement, research, and monitoring activities. Conditions receipt of an ocean dumping permit upon the entering into of a compliance or enforcement agreement with the Administrator which includes a plan for the phasing-out and cessation of ocean dumping and the implementation of alternatives to such dumping. Waives dumping fees charged against persons who have entered into a compliance agreement. Imposes civil monetary penalties against persons who dump sewage sludge or industrial waste into the ocean after 1992. Requires that 90 percent of such penalties be paid into the trust accounts in 1993, with five percent reductions in such allotment for each succeeding year. Pays the remainder to the Administrator for the activities to which dumping fees are devoted. Sets forth reporting requirements. Requires that fees and penalties not needed for use by the Administrator for permit, enforcement, research, and monitoring activities be used for making capitalization grants to New York and New Jersey for the establishment of a revolving fund to assist specified water pollution control efforts under the Federal Water Pollution Control Act. Directs the Administrator to issue orders requiring ocean dumpers to cease such dumping until they enter into a compliance or enforcement agreement and obtain a permit. Authorizes the Administrator to request the Attorney General to commence civil actions against persons who violate such orders or this Act's ocean dumping provisions. Prohibits persons from disposing of sewage sludge at any landfill located on Staten Island, New York. Requires that New York and New Jersey use at least 20 percent of their capitalization grant and contribution associated with such grant within six months of receipt of such grant to assist persons in developing and implementing environmentally sound alternatives to ocean dumping of sewage sludge and industrial waste. Directs the Administrator to report to the Congress, within six months of this Act's enactment, on ocean discharge guidelines established pursuant to the Federal Water Pollution Control Act. Requires the President, in submitting his budget for FY 1990, to include a schedule and an estimate of the resources needed for achieving compliance with such guidelines.
United States · United States Congress · 27 September 1988
Chemical Warfare Control Act - Amends the Export Administration Act of 1979 to set forth as U.S. policy the use of export controls to curtail transfers of material and technology used in producing chemical weapons. Requires the President to prepare a list of materials and technology which would assist a country's chemical warfare capability. Prohibits the export of such materials and technology to Iran, Iraq, Libya, or Syria or, at the President's discretion and upon notification to the Congress, to additional countries. Authorizes the President to waive such prohibition upon determining that an export will not assist a country's chemical warfare capability. Authorizes the exclusion of any country from such prohibition beginning 30 days after the President submits the name of such country to the Congress. Requires the President, no later than 90 days after enactment of this Act and every 180 days thereafter, to submit to specified House and Senate members and committees a report on: (1) the efforts by Iran, Libya, and Syria to acquire the materials to produce chemical weapons; and (2) the present and future capability of such countries to produce such weapons. Requires the report to: (1) assess whether Communist-bloc countries have aided such countries in acquiring such materials; (2) list companies in non-Communist countries which have exported items on the President's list to such countries; and (3) provide credible information that any non-Communist country has aided such countries. Directs the President to apply sanctions to any foreign person who exports any item on the list to any such country. Requires that such sanctions prohibit: (1) contracting with and procuring products and services from a sanctioned person by the U.S. Government; and (2) importing products produced by such person into the United States. Declares that the President shall not apply sanctions in the case of procurement of defense articles and services if: (1) the articles and services are under existing contracts; (2) the President determines that the person to whom sanctions would apply is the sole supplier of essential defense articles or services; or (3) the President determines that such articles or services are essential to national security. Prohibits the application of sanctions to: (1) contracts entered into before the President notifies the Congress of the intention to impose sanctions; (2) spare parts; (3) component parts; (4) routine servicing and maintenance of products; or (5) information and technology.
United States · United States Congress · 27 September 1988
Declares that the Congress urges the Administration to refrain from submitting any proposal in the GATT negotiations that would consider maritime transportation activity as being within the scope of "trade in services" and to reject any proposals made by foreign nations which are similar or which would lead to a contraction of the merchant marine.
United States · United States Congress · 16 September 1988
Immigration Nursing Relief Act of 1988 - Amends the Immigration and Nationality Act to grant special immigrant status to an immigrant (and accompanying spouse and children): (1) who entered the United States before January 1, 1988, as a nonimmigrant to perform services as a registered nurse; (2) who is working in such capacity with a valid visa as of the date of enactment of this Act; and (3) with respect to whom a labor certification has been filed prior to the granting of special immigrant status. Sets forth the following conditions for admission of nonimmigrant nurses during the five-year period beginning on April 1, 1989: (1) a professional nursing license from the country where the alien studied nursing or a degree from a U.S. or Canadian nursing school; (2) completion of an appropriate examination or possession of a license in the State of intended employment; (3) such alien's employment will not adversely affect wages and working conditions of similarly employed nurses; (4) a substantial disruption of the hiring health facility's services will occur without the services of such alien; (5) the facility has taken steps toward recruitment and retention of U.S. citizens or immigrant nurses; and (6) there is no ongoing labor dispute or related activity at such facility. Provides for an initial admission period of up to three years, with extensions up to a five-year total (six years under extraordinary circumstances). Directs the Secretary of Labor to provide for the appointment by April 1, 1990, of an advisory group to advise the Secretary: (1) concerning the impact of this Act on the nursing shortage; (2) regarding programs to recruit U.S. citizens or immigrant nurses; and (3) regarding the advisability of extending the provisions of this Act beyond April 1, 1994. Directs the Secretary to conduct a study and report to the Congress by April 1, 1991, regarding the amendments made by this Act.
United States · United States Congress · 9 September 1988
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require applications of States and local governments for block and discretionary grants under such Act to include a certification that individuals who are convicted of first degree murder under the law of the State and sentenced under such law to imprisonment for life without possibility of parole are not granted any unescorted release from imprisonment.
United States · United States Congress · 11 August 1988
Medical Waste Sanctions Act of 1988 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the dumping of medical waste into the ocean. Increases the criminal penalties imposed against persons who knowingly violate such Act's provisions, regulations, or permits pertaining to waste disposal in the ocean. Makes any person involved in the unlawful disposal of material which affects ocean waters liable for the removal costs and damages caused by such disposal. Sets forth defenses to such liability.
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 · 2 August 1988
Insider Trading and Securities Fraud Enforcement Act of 1988 - Amends the Securities Exchange Act of 1934 to revise the authority of the Securities and Exchange Commission (SEC) to seek civil penalties against persons who participate in illegal insider trading. Authorizes the SEC to seek to impose civil penalties upon any person who, at the time of the violation, directly or indirectly controlled the person who committed the illegal insider trading. Limits the civil liability of a controlled person to the greater of $1,000,000 or three times the amount of the profit gained or loss avoided as a result of the controlled person's violation. Specifies that a controlling person shall not be subject to civil penalties unless the SEC establishes that: (1) such controlling person knew or recklessly disregarded the fact that the controlled person was likely to engage in prohibited acts and failed to take appropriate steps to prevent such prohibited acts; or (2) such controlling person knowingly or recklessly failed to establish or enforce any policy or procedure required under provisions of the Securities Exchange Act and of the Investment Advisers Act of 1940. Sets forth procedures for the collection of any such civil penalty imposed. Specifies a statute of limitations of five years for any such action brought by the SEC. Authorizes the SEC to award a bounty of up to ten percent of any civil penalty imposed to the person or persons who provide information leading to the imposition of such penalty. Requires every registered broker or dealer to establish, maintain, and enforce written policies and procedures to prevent the misuse of material, nonpublic information by such broker or dealer or any person associated with such broker or dealer. Amends the Investment Advisers Act of 1940 to impose parallel requirements with respect to investment advisers. Requires the SEC to make recommendations to the Congress with respect to the extension of its authority to impose civil penalties or administrative fines to other violations of the Securities Exchange Act of 1934. Increases the monetary penalties for any criminal violations of the Securities Exchange Act of 1934 from an individual maximum of $100,000 to $1,000,000 and a maximum for non-natural persons from $500,000 to $2,500,000. Makes all non-natural persons subject to the higher penalty. (Current law imposes the higher penalty only on exchanges.) Allows a private right of action against any person who violates insider trading rules to be brought by anyone: (1) who contemporaneously with the purchase or sale of securities that form the basis of such violation, purchased or sold securities of the same class; and (2) any other person who can demonstrate an injury due to a violation of insider trading rules. Limits the total amount of damages in such a contemporaneous trading action to any profit gained or loss avoided and reduces any such damages by the amounts the violating person is required to disgorge pursuant to a court order obtained by the SEC. Specifies a statute of limitations of five years for any such private right of action. Imposes joint and several liability on anyone who communicates insider information to the same extent as those who directly profit from the insider trading. Specifies that the authority to bring such an action shall not be construed to: (1) limit or condition any implied private rights of action; or (2) bar or limit any action by the SEC or the Attorney General. Authorizes the SEC to provide investigatory assistance to foreign securities authorities. Directs the SEC to appoint a panel of experts to make a study and investigation of the adequacy of the Federal securities laws for the protection of the public interest and the interests of investors. Requires the SEC to report to the Congress concerning the results of such study and investigation. Authorizes appropriations to carry out such study and investigation. Authorizes appropriations to the SEC for: (1) official reception and representation expenses; and (2) maintaining membership in, and contributing to, the operating expenses of the International Organization of Securities Commissions.
United States · United States Congress · 2 August 1988
Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.
United States · United States Congress · 1 August 1988
New Jersey-New York Medical Waste Tracking Act of 1988 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency (EPA) to establish a demonstration program, within nine months of this Act's enactment, to track, by the use of a manifest system, medical waste generated and disposed of in New York and New Jersey. Makes such program applicable to generators of medical waste, and owners and operators of facilities for the treatment, storage, transport, and disposal of medical waste. Requires such parties to permit access to and provide copies of all records relating to such wastes to any designated EPA representative. Sets forth civil and criminal penalties for violations of this Act. Provides that this Act does not preclude any State or locality from imposing more stringent requirements for the control or monitoring of medical waste or affect any other authorities or requirements of the Solid Waste Disposal Act. Requires the EPA to report to the Congress, within three years of this Act's enactment, on the progress and success of the demonstration program. Authorizes appropriations for such program for FY 1989 through 1991. Directs the EPA to report to the Congress on medical waste treatment and disposal methods currently being employed by New York and New Jersey.
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.)
United States · United States Congress · 14 July 1988
Fastener Quality Assurance Act of 1988 - Defines "fastener" as a screw, nut, bolt, or stud having internal or external threads, or a washer commonly used to perform a load indicating or bearing stress distribution function, with a diameter of one-quarter inch or more and containing any steel. Prohibits the offering for sale or sale in interstate commerce of any fastener unless it bears a specified insignia and is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer or ordered by the purchaser; and (2) has been inspected, tested, and certified according to this Act. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Sets forth requirements governing sample size. Authorizes the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Sets forth requirements for such certificates, the form of which is to be prescribed by the Secretary of Commerce (the Secretary) within 180 days after enactment of this Act. Directs the Secretary, also within such 180-day period, to issue regulations to establish a program for approval of any system for the accreditation of laboratories engaged in such inspection and testing of fasteners, if such system demonstrates that it has adopted or otherwise adheres to the requirements of the American Society for Testing and Materials (ASTM) Standard. Directs the Secretary, if the responsible technical committee withdraws the ASTM Standard, to: (1) approve an alternative standard issued by the ASTM or another voluntary consensus standards organization; or (2) issue a standard which incorporates the ASTM Standard together with any necessary modifications. Directs the Secretary to approve or reapprove any system which demonstrates that it has adopted or otherwise adheres to such a new standard. Prohibits any manufacturer from selling any lot or portion of a lot of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by an original certificate from an accredited laboratory. Prohibits any person from selling any lot or portion of a lot of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by such a certificate. Allows such delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for the inspection and testing (for which purposes they shall be considered a manufacturer, except they must provide the laboratory with the manufacturer's written disclosure). Prohibits further sale or offer of sale unless delivery to the first subsequent purchaser is accompanied by an original certificate from an accredited laboratory. Requires that a copy of the original certificate be provided to subsequent purchasers who purchase at wholesale a lot or a portion from: (1) the purchaser of domestically manufactured fasteners; (2) the importer or end user who purchased foreign manufactured fasteners; (3) a private label distributor; or (4) any subsequent seller. Requires persons who make material physical alterations to a fastener subsequent to its manufacture to have such altered fastener inspected and tested before offering for sale or selling it. Requires manufacturers or private label distributors of fasteners offered for sale or sold in interstate commerce to: (1) be identified by a raised or depressed insignia on the surface or the fastener; and (2) comply with requirements of a program for recordation of such insignias. Directs the Secretary to establish such program, including regulations to ensure traceability, within 180 days after enactment of this Act. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Sets forth recordkeeping requirements for laboratories, manufacturers, importers private label distributors, and wholesalers. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except in so far as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of the National Bureau of Standards or any voluntary consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act. Applies this Act only to fasteners fabricated more than 240 days after its enactment.
United States · United States Congress · 13 July 1988
Amends the Export Administration Act of 1979 to prohibit the export of petroleum products (from Alaska and from the rest of the United States) that are domestically produced by oil refineries owned by non-U.S. citizens. Sets forth specified exceptions.
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.
United States · United States Congress · 12 July 1988
States that the U.S. Government should make no reparations to Iran or persons in Iran on account of the Iranian airline disaster of July 3, 1988, until all nine American hostages being held in Beirut, Lebanon, are freed.
United States · United States Congress · 7 July 1988
Directs the Federal Communications Commission to establish and implement a telecommunications relay system to increase access to Federal departments and agencies for users of Telecommunications Devices for the Deaf (TDDs). Requires the system and its associated plans to include: (1) expansion of the existing relay system to a prescribed minimum service level; (2) accessibility of TDDs in Federal agencies; (3) publication of a TDD directory of Government access numbers; (4) adoption and display of logos identifying TDD stations; and (5) support for the development of cost-reducing technologies. Directs the FCC to complete its existing inquiry concerning an interstate relay system for TDD users. Requires that the Congress install TDDs and assure their accessibility in congressional offices as soon as practicable. Authorizes appropriations.
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 · 29 June 1988
International Securities Enforcement Cooperation Act of 1988 - Title I: Assistance to Foreign Securities Authorities - Amends the Securities Exchange Act of 1934 to authorize the Securities and Exchange Commission (Commission) to provide assistance to a foreign securities authority in the conduct of investigations of securities law violations upon a formal request of such authority. Requires the Commission to consider, in deciding whether to provide such assistance, whether: (1) the requesting authority has agreed to provide reciprocal assistance to the Commission; and (2) compliance with the request would prejudice the public interest. Authorizes the Commission, upon a showing that certain information is needed, to provide all records and other information in its possession to such persons, both domestic and foreign, as the Commission by rule deems appropriate. Requires that the person receiving such records or information must provide such assurances of confidentiality as the Commission deems appropriate. Specifies that such authority shall not affect the Commission's responsibilities under the Right to Financial Privacy Act. Provides that notwithstanding the provision of the Freedom of Information Act the Commission shall not be compelled to disclose records obtained from a foreign securities authority if the foreign securities authority has in good faith represented to the Commission that public disclosure of such records would be contrary to the laws of the foreign country from which they were obtained. Specifies that this Act shall not prevent the Commission from complying with a request for information from the Congress or from complying with a court order in an action brought by the United States or the Commission. Title II: Foreign Misconduct by Securities Professional In Foreign Country As Basis For Restricting Professional's Activities In the United States Securities Industry - Authorizes the Commission to impose sanctions on brokers or dealers, associated persons, and individuals seeking to become associated persons of brokers or dealers on the basis of misconduct in a foreign country. Allows the Commission to base such sanctions on whether a person has been convicted of crimes substantially equivalent to those enumerated by the Securities Exchange Act or the Commodity Exchange Act or has engaged in activities substantially equivalent to those enumerated by such Acts however denominated by the laws of the relevant foreign government. Authorizes the Commission to base sanctions on findings by a foreign securities authority of: (1) false or misleading statements in registration or reporting materials filed with the foreign securities authority; (2) violations of statutory provisions concerning securities or commodities transactions; or (3) aiding, abetting, or otherwise causing another person's violation of such foreign securities or commodities provision, or failing to supervise a person who has committed such a violation. Includes expulsion or suspension from membership or partnership in the foreign equivalent of a self-regulatory organization, contract market, board of trade, or futures association or a foreign or international securities exchange as grounds for disqualification for membership in such organizations in the United States. Includes findings of certain types of improper conduct by a foreign financial regulatory authority as grounds for such disqualification. Defines a "foreign financial regulatory authority" as any: (1) foreign securities authority; (2) governmental body or foreign equivalent of a self-regulatory organization empowered by a foreign government to administer or enforce its laws relating to the regulation of fiduciaries, trusts, commercial lending, insurance, trading in futures contracts, or other instruments traded on or subject to the rules of a contract market, board of trade, or foreign equivalent, or other financial activities; or (3) membership organization a function of which is to regulate participation of its members in such activities. Defines "foreign securities authority" as any foreign government, or any governmental body or regulatory organization empowered by a foreign government to administer or enforce its laws as they relate to securities matters. Amends the Investment Company Act of 1940 and the Investment Advisers Act of 1940 to authorize the Commission to impose similar sanctions on similar grounds of misconduct in a foreign country on investment advisors or persons associated or seeking association with a registered investment advisor or investment company.
United States · United States Congress · 28 June 1988
Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to require a showing of proof by a preponderance of the evidence for a U.S. district court to issue orders to prevent and restrain violations of prohibited racketeering activities. Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Provides for the recovery of treble damages upon proof by a preponderance of the evidence: (1) where a government entity has been injured as a result of such violations; or (2) for persons injured by such violations, if a criminal conviction of the defendant is obtained. Allows a person aggrieved by a RICO violation to recover, upon proof by a preponderance of the evidence, punitive damages under certain circumstances. Lists factors to be considered in determining the amount of punitive damages, including: (1) the degree of culpability of the defendant; (2) any history of similar conduct by the defendant; and (3) the number of persons victimized. Provides for the recovery of punitive damages, upon proof by a preponderance of the evidence, for persons who suffer bodily injury as a result of a RICO violation that includes a crime of violence as a predicate act. Sets a statute of limitations for such actions of: (1) four years after the cause of action accrues; (2) four years after the conduct causing the injury terminates; (3) two years after the date of the criminal conviction (required for a treble damage cause of action); or (4) six years after the cause of action accrues if such action is brought by a specified official for the Federal Government or a State or local government. Provides an affirmative defense where the defendant acted in good faith and in reliance upon an official, directly applicable regulatory action, approval, or interpretation of law by an authorized Federal or State agency in writing or by operation of law. Provides that an action under this Act shall not abate on the death of the plaintiff or defendant and shall be enforceable against a receiver in bankruptcy. States that in a civil action which does not allege a crime of violence as a predicate act: (1) the term "racketeer" shall not be used in referring to any party; (2) "racketeering activity" shall be referred to as "unlawful activity"; and (3) "pattern of racketeering activity" shall be referred to as "pattern of unlawful activity." Describes offenses which are predicate acts constituting crimes of violence for purposes of a civil action alleging such crime. Amends the criminal penalties section of the RICO statute to provide for life imprisonment if the violation of such statute is predicated on an offense for which the maximum penalty includes life in prison. Sets forth additional predicate offenses. Provides for universal service of process. States that nothing in RICO shall be construed to confer jurisdiction on a State or local unit of government.
United States · United States Congress · 23 June 1988
Expresses the sense of the Congress that: (1) the decision of the Attorney General to order the deportation of Joseph Patrick Doherty to the United Kingdom was politically motivated to appease the Government of the United Kingdom; and (2) Joseph Patrick Doherty should be released on bond during the review of his application for asylum and be granted asylum in the United States.
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
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 · 14 June 1988
Amends Federal law relating to Interstate highway construction funds to provide that any State which voluntarily reduces the period of availability of apportioned funds for any fiscal year shall be ineligible to receive funds for the succeeding fiscal year.
United States · United States Congress · 9 June 1988
Designates August 1, 1988, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; (4) convey to U.S. allies the importance of unity regarding such Accords; (5) continue his efforts to achieve, before the end of the Vienna meeting, the release of all political prisoners of the Soviet Union, an increase in Soviet emigration, resolution of all family reunification cases, cessation of all radio transmission jamming, and the repeal of laws and practices which undermine human rights; (6) seek the inclusion, in any concluding document agreed to in Vienna, of a mechanism to sustain human rights progress after the Vienna meeting; and (7) convey to signatory states the insistence of the United States for a result at Vienna that will not favor military security at the expense of human rights.
United States · United States Congress · 8 June 1988
EPA Law Enforcement Powers Act of 1988 - Amends the Federal criminal code to authorize law enforcement officers with responsibility for the investigation of criminal violations of a law administered by the Environmental Protection Agency to: (1) carry firearms; (2) execute and serve warrants; and (3) make arrests without a warrant for any offense against the United States committed in such officer's presence or any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing such felony offense.
United States · United States Congress · 8 June 1988
Long-Term Care Assistance Act of 1988 - Title I: Establishment of Long-Term Care Benefits Under Medicare Program - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to cover chronic home care services, including homemaker and chore aide services, furnished to an individual who has dementia and cannot perform at least two activities from a specified list of daily living activities. Imposes an annual $500 deductible and 20 percent copayment requirement on recipients of such benefits. Caps Medicare payments for such services at 65 percent of the average cost of Medicare skilled nursing facility services. Covers home or community-based respite care furnished to an individual who has dementia and is dependent on the uncompensated assistance of a primary caregiver with whom he or she resides in the performance of at least two daily living activities. Limits annual Medicare payments for such services to the lesser of $1,000 or 50 percent of the costs of such care. Covers 70 percent of the costs of chronic nursing home services incurred two years after an individual becomes eligible for such services. Requires that such an individual be suffering from dementia and unable to perform at least two daily living activities. Directs the Secretary of Health and Human Services to enter into agreements with organizations to determine and periodically review the eligibility of individuals for chronic home care services, home or community-based respite care, and chronic nursing home services. Sets forth the appeals process for individuals dissatisfied with the organization's determinations. Amends part B (Peer Review) of title XI of the Act to require peer review organizations to periodically review the process by which eligibility review organizations arrive at their determinations and to report their findings to the Secretary. Finances this Act's expansion of Medicare benefits by: (1) increasing the monthly part B premium by two dollars; (2) imposing a supplemental premium on each $150 of Federal income tax due from a part B beneficiary; (3) eliminating the limit on wages or self-employment income subject to the Medicare hospital insurance tax; and (4) imposing a five percent surtax on transfers by gift or inheritance of assets in excess of $200,000. Establishes the Federal Long-Term Care Insurance Trust Fund into which amounts raised by reason of this Act's amendments, including reductions in Federal Medicaid outlays attributable to Medicare long-term care coverage, shall be transferred and from which payments for such coverage shall be made. Title II: Medicaid Provisions Relating to Long-Term Care - Amends title XIX (Medicaid) of the Act to require States to cover the cost-sharing amounts of Medicare long-term care beneficiaries whose income does not exceed the Federal poverty level. Sets forth rules regarding the attribution of income and resources to institutionalized and community spouses. Provides that for the initial determination of an institutionalized spouse's Medicaid eligibility all the resources held by either the institutionalized or community spouse shall be considered available to the institutionalized spouse except for an amount which equals the community spouse resource allowance determined without subtracting from such allowance resources otherwise available to the community spouse. Sets forth the formula for determining the community spouse resource allowance which provides the community spouse with at least $12,000 annually, with annual adjustments to such formula reflecting changes in the cost-of-living. Excludes, from the determination of the institutionalized spouse's eligibility, support which the community spouse owes to the institutionalized spouse if the latter assigns his or her support rights to the State. Provides that after the initial eligibility determination: (1) no resources of the community spouse will be considered available to the institutionalized spouse; and (2) the income of the institutionalized spouse will not be considered to include a specified personal needs allowance, community spouse monthly income allowance, family allowance, and incurred expenses for medical or remedial care for the institutionalized spouse that are not covered by a legally liable third party. Sets forth the formulas for determining such allowances. Gives the institutionalized and the community spouse the right to a hearing to establish that the community spouse monthly income allowance or resource allowance is not adequate to support the community spouse without financial duress so that an adequate amount of support will be substituted for the allowance. Prohibits such income allowance from being less than court-ordered support payments. Delays the Medicaid eligibility of institutionalized individuals who disposed of their resources at less than fair market value within 26 months prior to applying for Medicaid benefits. Sets forth situations in which a delay shall not be applied. Directs the Secretary to report to the Congress by December 31, 1988, regarding means for recovering amounts from deceased Medicaid beneficiaries' estates to pay for Medicaid skilled nursing facility or intermediate care facility services furnished to such beneficiaries. Requires the Secretary to reduce Federal Medicaid payments to States to take into account State Medicaid savings attributable to Medicare long-term care coverage. Excludes the resources owned by an individual at the commencement of the two-year period preceding Medicare coverage of chronic nursing home services from consideration in determining Medicaid coverage of Medicare cost-sharing amounts. Title III: Miscellaneous Tax Provisions - Amends the Internal Revenue Code to treat long-term care insurance as accident or health insurance as having been received for personal injuries, sickness, or medical care for tax purposes. Permits a taxpayer to include as tax-deductible medical expenses any amounts paid for long-term health care or as a premium for long-term care insurance. Allows insurance companies to deduct amounts reserved to satisfy obligations to long-term care insurance policyholders. Excludes long-term care insurance from a cafeteria plan participant's gross income. Treats co-payments for Medicare chronic nursing home services and employer premiums for long-term care insurance as deductible medical care expenditures.
![Official portrait of Rep. Lent, Norman F. [R-NY-4]](https://www.congress.gov/img/member/l000243_200.jpg)