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United States · Official source
3,111 records where Rep. McCollum, Bill [R-FL-8] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 3 January 1989
Amends the Wild and Scenic Rivers Act to designate the St. Marys River in Florida and Georgia for potential addition to the Wild and Scenic Rivers System.
United States · United States Congress · 3 January 1989
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from utilizing the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 3 January 1989
Arctic Coastal Plain Leasing Act of 1987 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for such promulgation and that no further studies or assessments shall be required. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain.
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
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
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
Authorizes and requests the President to designate May 1989 as Older Americans Month.
United States · United States Congress · 3 January 1989
Authorizes and requests the President to designate the last Friday of April each year as National Arbor Day.
United States · United States Congress · 19 October 1988
Expresses the sense of the House of Representatives that: (1) the Soviet Union should remove land mines placed in Afghanistan by Soviet military forces and the United Nations should facilitate such removal; (2) the nations of the world should call on the Soviet Union to cooperate in the removal of such land mines; and (3) the United States should offer assistance in removing such land mines.
United States · United States Congress · 6 October 1988
Truth in Legislating Resolution - Amends rule X of the Rules of the House of Representatives to require each report or joint explanatory statement accompanying each bill or joint resolution to contain: (1) an identification of each provision which benefits only ten or fewer beneficiaries; (2) the name of each beneficiary; (3) the name of the Member who sponsored such provision and an identification of each such provision requested by a Federal agency or Federal officer; and (4) an estimate by the Congressional Budget Office or the Joint Committee on Taxation of the costs or loss in revenues resulting from such provision.
United States · United States Congress · 28 September 1988
Establishes the National Commission on the Thrift Industry. Requires the Commission to investigate: (1) the adequacy of the regulation of thrift institutions; (2) the financial condition and sources of income of the Federal Savings and Loan Insurance Corporation (FSLIC); (3) the extent of liability relating to the FSLIC's inventory of troubled thrift institutions; (4) methods for increasing capital levels in the thrift industry; (5) problems in the structure of the deposit insurance system and options for reforming such system; (6) the impact on the thrift industry of FSLIC assistance programs; (7) the role of the thrift industry in providing mortgage credit, including such industry's projected share of the mortgage market in the year 2000; (8) the effect the development of the Government-sponsored secondary mortgage market has had on the role of the thrift industry in providing mortgage credit, including the secondary mortgage market's projected share of the mortgage market in the year 2000; and (9) the need for specialized depository institutions to serve such market, including the extent to which such institutions affect the availability of low- and moderate-income housing. Requires the Commission, on or before February 1, 1989, to report to the President and specified House and Senate committees on its findings and conclusions, including its recommendations for administrative and legislative action. Specifies that any expenses of the Commission shall be paid by the Secretary of the Treasury. Limits the total expenses of the Commission. Directs the Comptroller General to audit and report to the Congress on Commission expenditures. Terminates the Commission 30 days after it submits its final report.
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 · 26 September 1988
Expresses the sense of the House of Representatives that: (1) the provisions of the Omnibus Drug Initiative Act of 1988 amending the formula for allocating funds to State and local governments for drug control activities should not be enacted; and (2) the current allocation formula under the Omnibus Crime Control and Safe Streets Act of 1968 should be maintained.
United States · United States Congress · 26 September 1988
Expresses the sense of the Congress that both the Democratic and Republican presidential candidates should publicly support making specified appropriated amounts available for obligation for the space station program, and should endorse its continued funding.
United States · United States Congress · 22 September 1988
Designates October 30, 1988, as Fire Safety at Home Day: Change Your Clock, Change Your Battery.
United States · United States Congress · 16 September 1988
Declares that the Air Force should continue to fly WC-130 aircraft for the purpose of collecting scientific data on hurricanes until satellites that can provide similar data are in place and functioning properly.
United States · United States Congress · 13 September 1988
Designates the Federal building to be constructed in Lakeland, Florida, as the Lawton M. Chiles, Jr. Federal Building.
United States · United States Congress · 9 September 1988
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Brigadier General Herbert Wassom in recognition of the dedicated public service of General Wassom. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 9 September 1988
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of the late Arnold Raphel, the U.S. Ambassador to Pakistan, in recognition of his dedicated public service. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 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 · 7 September 1988
Designates September 24, 1989, as United States Marshals Bicentennial Day.
United States · United States Congress · 11 August 1988
Health Waste Anti-Dumping Act of 1988 - Amends the Federal criminal code to establish criminal penalties for knowingly and without lawful authority dumping any health care facility waste: (1) upon the high seas or any waters within the admiralty and maritime jurisdiction of the United States; or (2) in any other place within the United States if interstate or foreign commerce is affected. Provides for forfeiture of property of violators. Includes wastes of veterinary services and laboratory services under the prohibition.
United States · United States Congress · 10 August 1988
Amends the Immigration and Nationality Act to limit the detention of excludable aliens pending removal in a manner similar to that provided in the case of deportable aliens pending deportation. Permits extended custody under specified conditions. Excludes from such provisions aliens entitled to a hearing pursuant to the Mariel Cuban Detention Review Act of 1988.
United States · United States Congress · 2 August 1988
Expresses the sense of the Congress that India should allow Sikhs full access to the Golden Temple and remove all military presence from the shrine. Urges the Government of India to use restraint in resolving the dispute with the Sikh people in the Punjab. Calls for a political solution to restore home rule in the Punjab, with religious freedom and human rights guarantees.
United States · United States Congress · 28 July 1988
Expresses the sense of the Congress that the current income tax deduction for residential mortgage interest should not be changed.
United States · United States Congress · 14 July 1988
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians to receiving credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 14 July 1988
Designates the week beginning March 7, 1989, as Deaf Awareness Week.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 13 July 1988
Refugee Resettlement Extension Act of 1988 - Amends the Immigration and Nationality Act to extend the authorization of appropriations for refugee assistance through FY 1990. Authorizes FY 1989 and 1990 appropriations for alternative refugee projects. Directs the Secretary of Health and Human Services to implement alternative projects for Hmong and Lowland Lao refugees who have been in the United States for at least 24 months. Requires any State or private nonprofit voluntary agency that submits a proposal to administer an alternative project to coordinate its efforts with other refugee assistance programs. Requires the President to file the annual fiscal year refugee admissions and resettlement report with the appropriate congressional committees by June 1. Provides for congressional initiation of related consultations. Includes specified funding and budget provisions within the context of such consultations. Establishes an emergency assistance fund for refugee placement and resettlement. Provides for Federal, State, and local consultation on refugee activities. Directs the United States Coordinator for Refugee Affairs to report to the appropriate congressional committees regarding such efforts. Directs the Secretary of State to report every six months to the appropriate congressional committees regarding the resettlement of Vietnamese Amerasians and the orderly departure program for other Vietnamese refugees. Amends the Immigration and Nationality Act to repeal the provision for FY 1986 and 1987 initial refugee resettlement audits. Requires a voluntary agency receiving Federal funds for initial refugee resettlement to submit annual audits to the Secretary of State. Requires certain subrecipients to submit audits to their administering Federal agency. Transfers responsibility for initial placement policy from the Director of the Office of Refugee Resettlement to the administering Federal agency.
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
Designates August 29, 1988, as National China-Burma-India Veterans Appreciation Day.
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 · 28 June 1988
Long-Term Care Incentives Act of 1988 - Amends the Internal Revenue Code to permit a tax deduction of: (1) $10,000 to any taxpayer who maintains a household in which a chronically ill Medicare-eligible family member resides; and (2) 50 percent of premiums paid for qualified long-term care insurance covering at least 12 months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital.
United States · United States Congress · 27 June 1988
Anti-Drug Abuse Amendments Act of 1988 - Title I: Chemical Diversion and Trafficking, Clandestine Laboratories and Manufacturing of Controlled Substances - Subtitle A: Chemical Diversion and Trafficking - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act (CSA) to establish recordkeeping and reporting requirements for persons who manufacture, distribute, import, or export a listed precursor or essential chemical. Prohibits transactions involving these items unless the recipient provides both a certificate of lawful use and proper identification. Requires the Attorney General to report annually, not later than December 31, on the number and types of these certificates during the preceding fiscal year, along with an analysis of the law enforcement effectiveness of their issuance. Includes confidentiality provisions with respect to records, authorizing an aggrieved person to bring a civil action against violators. Authorizes the Attorney General to prescribe necessary regulations to govern reporting and recordkeeping. Lists criteria to be met by any such regulations, including a one-year limitation on any regulation's effectiveness. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person, if the relationship is reported to the Attorney General. Authorizes the Attorney General to order the suspension of a transaction. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Imposes criminal penalties upon persons who knowingly or intentionally import or export a listed chemical with intent to manufacture a controlled substance or with reasonable cause to believe that the chemical will be used for such a purpose. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the Controlled Substances Act to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) distribute a listed chemical unlawfully; or (4) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules that have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Subtitle B: Task Force on Clandestine Drug Laboratories - Joint Federal Task Force on Clandestine Drug Laboratories Establishment Act of 1988 - Establishes the Joint Federal Task Force on Clandestine Drug Laboratories to implement a program for the cleanup and disposal of hazardous wastes produced by clandestine drug laboratories. Directs the Task Force to transmit reports to the President and to each House of the Congress on the program and its progress. Subtitle C: Criminal Penalty for Endangering Human Life While Manufacturing a Controlled Substance - Amends the CSA to establish crminal penalties for creating a substantial risk of harm to human life while manufacturing (or attempting to manufacture) a controlled substance, except as authorized by such Act. Title II: Asset Forfeiture Amendments - Asset Forfeiture Amendments Act of 1988 - Amends the Federal judicial code to require annual Comptroller General audits of the Department of Justice Assets Forfeiture Fund. Directs the Attorney General to deposit in the Treasury at the end of each fiscal year up to $5,000,000 of Fund amounts in excess of its obligations. Repeals provisions authorizing transfers of excess Fund monies to the Building and Facilities Account of the Federal Prison System. Authorizes the Attorney General to exempt certain contract services from specified advertising and procurement requirements if necessary to maintain the security and confidentiality of an investigation. Decreases the percentage of program related use required in connection with automatic data processing equipment purchased or leased with Fund monies. Amends the Controlled Substances Act to exempt conveyances from forfeiture for drug abuse violations, to the extent of the interest of an owner who did not know of or consent to the relevant unlawful act or omission. Directs the Attorney General to assure that equitable sharing principles are applied with respect to property transferred to a State or local law enforcement agency that participated directly in the seizure or forfeiture. Instructs the Attorney General and the Secretary of the Treasury to develop and maintain a joint plan to coordinate and consolidate post-seizure administration of property seized under controlled substances laws. Sets forth procedures governing the seizure, return, and civil forfeiture of property under the CSA. Title III: State and Local Assistance - State and Local Law Enforcement Assistance Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to earmark five percent of funds appropriated to the Bureau of Justice Statistics for grants to States and to local governments to improve the accuracy and completeness of criminal history information. Transfers responsibility for the appointment of the Director of the Bureau of Justice Assistance (Bureau) from the Attorney General to the President, requiring the advice and consent of the Senate. Authorizes the Bureau to make grants to States for the purpose of developing and implementing antiterrorism plans for deep draft ports, international airports, and other facilities. Revises application requirements for drug law enforcement grants to States to require certification that the State is undertaking specified types of activities to reduce the demand for controlled substances. Adds provisions to: (1) govern State distribution of funds to local governments under formula grants for drug law enforcement programs; and (2) permit local governments to apply directly to the Bureau Director for grants. Describes application procedures, the review process, allocation and distribution criteria, and recordkeeping and reporting requirements in connection with these grants. Decreases the Federal percentage of expenditures under the grants. Revises the allocation of funds for discretionary grants to public agencies and private nonprofit organizations for drug law enforcement programs. Authorizes discretionary grants to States and local governments for a special discretionary fund to finance drug law enforcement officer incentives, training, and recruitment programs. Earmarks amounts for these grants. Authorizes FY 1989 through 1992 appropriations for the Bureau of Justice Statistics, the National Institute of Justice, the Bureau of Justice Assistance, and for grants to States and local governments for criminal justice facility construction under a pilot program. Increases the FY 1989 authorization for grants to States and local governments for drug law enforcement programs and authorizes FY 1990 through 1992 appropriations for such grants. Includes programs for alcohol-dependent offenders and provision of automated fingerprint identification systems among activities authorized under the block grant program of the Bureau of Justice Assistance. Title IV: Drug Enforcement Enhancement Act of 1988 - Drug Enforcement Enhancement Act of 1988 - Authorizes appropriations to DOJ for the Drug Enforcement Administration for FY 1988 and 1989 and for Organized Crime Drug Enforcement and the Immigration and Naturalization Service for FY 1989. Title V: Common Carrier Operation Under the Influence of Alcohol or Drugs - Presumes an individual operating a common carrier to be under the influence of alcohol with a blood content of or above .10 percent. Title VI: Money Laundering - Money Laundering Prosecution Improvements Act of 1988 - Amends the Federal criminal code to authorize expressly the Internal Revenue Service and the U.S. Postal Service to investigate certain violations concerning the laundering of monetary instruments and monetary transactions in property derived from various unlawful activities. Excludes monetary transactions involving bona fide attorney fees from consideration as unlawful activity for particular racketeering law purposes. Revises the definition of "monetary instrument" for money laundering purposes. Establishes criminal penalties for knowingly conducting or attempting to conduct a financial transaction involving proceeds of specified unlawful activity with intent either to evade or defeat tax or to make fraudulent and false statements. Amends the Right to Financial Privacy Act of 1978 to permit the transfer of financial records from an agency to the Attorney General upon certification by an agency official that the records are relevant to a violation of Federal criminal law. Permits use of such records for criminal investigative or prosecutional purposes only. Title VII: Drug Czar - Establishes in the Executive Office of the President the Office of Anti-Drug Operations and Policy. Requires the Director of the Office to serve as the principal director and coordinator of U.S. operations and policy on drug control and abuse. Requires the Director to submit to the Congress at specified intervals a National and International Drug Control Strategy, including a complete list of goals and priorities, and an assessment of how budget priorities reflect and implement such strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Provides for the transfer of all records and property of the Board to the Office. Repeals certain provisions of the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1989. Provides for a coordinated budget submission for Federal drug control and enforcement agencies. Title VIII: Postal Inspection Service Drug Enforcement Authority - Amends the Federal criminal code to permit certain Postal Service personnel to carry firearms and make seizures of property under specified circumstances. Amends the Controlled Substances Act to allow the Postal Service to carry out the Attorney General's civil forfeiture activities with respect to controlled substances and related articles and conveyances. Directs that proceeds of forfeitures conducted by the Postal Service be deposited in the Postal Service Fund. Title IX: Benefits for Drug Enforcement Agents Overseas - Authorizes the payment of benefits to overseas personnel out of DOJ appropriations. Requires the Attorney General to report to the Congress within 120 days on the implementation of this section. Title X: Drug Aftercare Enhancement - Amends the Contract Services for Drug Dependent Federal Offenders Act of 1978 to increase amounts authorized for FY 1988 and 1989 for the drug aftercare program of the Administrative Office of the U.S. Courts. Title XI: Study of Alternative Judicial System - Directs the Attorney General to study the feasibility of prosecuting Federal drug-related offenses in a manner alternative or supplemental to the current criminal justice system and to report the results to the Congress within 180 days of enactment of this Act. Title XII: Increased Penalties for Crack Violations - Amends the CSA to provide for increased penalties for possession of certain mixtures or substances containing a cocaine base Title XIII: Sense of Congress With Respect to Legalization of Drugs - Expresses the sense of the Congress opposing any proposal to legalize illicit drugs. Title XIV: User Accountability - Makes individuals convicted of certain drug offenses ineligible for Federal benefits. Title XV: Interdiction of Supply of Firearms to Drug Traffickers - Amends the Federal criminal code to establish penalties for: (1) travelling from one State to another and acquiring or transferring a firearm with the intent to violate controlled substance laws; or (2) transferring a firearm with the knowledge that it will be used to commit a violent crime or a drug trafficking crime. Title XVI: National Training Center for Prison Drug Rehabilitation Program Personnel - Requires the Director of the National Institute of Corrections to establish and operate a national training center for training Federal, State, and local prison officials to conduct drug rehabilitation programs for criminals convicted of drug-related crimes and for drug-dependent criminals. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 22 June 1988
Designates November 18, 1988, as National Philanthropy Day.
United States · United States Congress · 21 June 1988
Anti-Drug Abuse Amendments Act of 1988 - Title I: Chemical Diversion and Trafficking and Clandestine Laboratories - Subtitle A: Chemical Diversion and Trafficking - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act (CSA) to establish recordkeeping and reporting requirements for persons who manufacture, distribute, import, or export a listed precursor or essential chemical. Prohibits transactions involving these items unless the recipient provides both a certificate of lawful use and proper identification. Requires the Attorney General to report annually, not later than December 31, on the number and types of these certificates during the preceding fiscal year, along with an analysis of the law enforcement effectiveness of their issuance. Includes confidentiality provisions with respect to records, authorizing an aggrieved person to bring a civil action against violators. Authorizes the Attorney General to prescribe necessary regulations to govern reporting and recordkeeping. Lists criteria to be met by any such regulations, including a one-year limitation on any regulation's effectiveness. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person, if the relationship is reported to the Attorney General. Authorizes the Attorney General to bring a civil action for injunctive relief with respect to such importation or exportation of a listed chemical to be used in violation of such Act. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the Controlled Substances Act to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) distribute a listed chemical unlawfully; or (4) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules that have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Subtitle B: Task Force on Clandestine Drug Laboratories - Joint Federal Task Force on Clandestine Drug Laboratories Establishment Act of 1988 - Establishes the Joint Federal Task Force on Clandestine Drug Laboratories to implement a program for the cleanup and disposal of hazardous wastes produced by clandestine drug laboratories. Directs the Task Force to transmit reports to the President and to each House of the Congress on the program and its progress. Title II: Asset Forfeiture Amendments - Asset Forfeiture Amendments Act of 1988 - Amends the Federal judicial code to require annual Comptroller General audits of the Department of Justice Assets Forfeiture Fund. Directs the Attorney General to deposit in the Treasury at the end of each fiscal year up to $5,000,000 of Fund amounts in excess of its obligations. Repeals provisions authorizing transfers of excess Fund monies to the Building and Facilities Account of the Federal Prison System. Authorizes the Attorney General to exempt certain contract services from specified advertising and procurement requirements if necessary to maintain the security and confidentiality of an investigation. Decreases the percentage of program-related use required in connection with automatic data processing equipment purchased or leased with Fund monies. Amends the Controlled Substances Act to exempt conveyances from forfeiture for drug abuse violations, to the extent of the interest of an owner who did not know of or consent to the relevant unlawful act or omission. Directs the Attorney General to assure that equitable sharing principles are applied with respect to property transferred to a State or local law enforcement agency that participated directly in the seizure or forfeiture. Instructs the Attorney General and the Secretary of the Treasury to develop and maintain a joint plan to coordinate and consolidate post-seizure administration of property seized under controlled substances laws. Title III: State and Local Assistance - State and Local Law Enforcement Assistance Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to earmark five percent of funds appropriated to the Bureau of Justice Statistics for grants to States and to local governments to improve the accuracy and completeness of criminal history information. Transfers responsibility for the appointment of the Director of the Bureau of Justice Assistance (Bureau) from the Attorney General to the President, with the advice and consent of the Senate. Authorizes the Bureau to make grants to States for the purpose of developing and implementing antiterrorism plans for deep draft ports, international airports, and other facilities. Revises application requirements for drug law enforcement grants to States to require certification that the State is undertaking specified types of activities to reduce the demand for controlled substances. Adds provisions to: (1) govern State distribution of funds to local governments under formula grants for drug law enforcement programs; and (2) permit local governments to apply directly to the Bureau Director for grants. Describes application procedures, the review process, allocation and distribution criteria, and recordkeeping and reporting requirements in connection with these grants. Decreases the Federal percentage of expenditures under the grants. Revises the allocation of funds for discretionary grants to public agencies and private nonprofit organizations for drug law enforcement programs. Authorizes FY 1989 through 1992 appropriations for the Bureau of Justice Statistics, the National Institute of Justice, the Bureau of Justice Assistance, and for grants to States and local governments for criminal justice facility construction under a pilot program. Increases the FY 1989 authorization for grants to States and local governments for drug law enforcement programs and authorizes FY 1990 through 1992 appropriations for such grants. Includes programs for alcohol-dependent offenders and provision of automated fingerprint identification systems among activities authorized under the block grant program of the Bureau of Justice Assistance. Title IV: Drug Enforcement Enhancement Act of 1988 - Drug Enforcement Enhancement Act of 1988 - Authorizes appropriations to DOJ for the Drug Enforcement Administration for FY 1988 and 1989 and for Organized Crime Drug Enforcement and the Immigration and Naturalization Service for FY 1989. Title V: Common Carrier Operation Under the Influence of Alcohol or Drugs - Presumes an individual to be under the influence of alcohol with a blood content of or above .10 percent. Title VI: Money Laundering - Money Laundering Prosecution Improvements Act of 1988 - Amends the Federal criminal code to authorize expressly the Internal Revenue Service and the U.S. Postal Service to investigate certain violations concerning the laundering of monetary instruments and monetary transactions in property derived from various unlawful activities. Excludes monetary transactions involving bona fide attorney fees from consideration as unlawful activity for particular racketeering law purposes. Title VII: Drug Czar - Establishes in the Executive Office of the President the Office of Anti-Drug Operations and Policy. Requires the Director of the Office to serve as the principal director and coordinator of U.S. operations and policy on drug control and abuse. Requires the Director to submit to the Congress at specified intervals a National and International Drug Control Strategy, including a complete list of goals and priorities, and an assessment of how budget priorities developed reflect and implement such strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Provides for the transfer of all records and property of the Board to the Office. Repeals certain provisions of the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1989. Provides for a coordinated budget submission for Federal drug control and enforcement agencies. Title VIII: Postal Inspection Service Drug Enforcement Authority - Amends the Federal criminal code to permit certain Postal Service personnel to carry firearms and make seizures of property under specified circumstances. Title IX: Benefits for Drug Enforcement Agents Overseas - Authorizes payment of benefits to overseas personnel out of DOJ appropriations. Requires the Attorney General to report to the Congress within 120 days on the implementation of this section. Title X: Drug Aftercare Enhancement - Amends the Contract Services for Drug Dependent Federal Offenders Act of 1978 to increase amounts authorized for FY 1988 and 1989 for the drug aftercare program of the Administrative Office of the U.S. Courts.
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
Expresses the sense of the Congress urging Government agencies to avoid actions that would reduce amateur radio frequency allocations used for emergency communications and encouraging support for the Amateur Radio Service in its emergency communications efforts.
United States · United States Congress · 2 June 1988
Designates the Federal building numbered 31, at 9000 Rockville Pike, Bethesda, Maryland, which contains facilities of the National Institute on Aging, the National Cancer Institute, and other institutes in the Public Health Service as the Claude Denson Pepper Building.
United States · United States Congress · 26 May 1988
Amends the Federal Savings and Loan Insurance Corporation Recapitalization Act of 1987 to extend for one year the moratorium on thrift institutions' voluntarily terminating deposit insurance provided by the Federal Savings and Loan Insurance Corporation.
United States · United States Congress · 26 May 1988
Designates the month of September 1988 as National Sewing Month.
United States · United States Congress · 26 May 1988
Designates the week of October 24 through October 30, 1988, as Drug-Free America Week.
United States · United States Congress · 26 May 1988
Designates the week beginning May 21, 1989, as National Tourism Week.
United States · United States Congress · 25 May 1988
Designates August 7, 1989, as National Lighthouse Day and calls for lighthouse grounds, where feasible, to be open to the public.
United States · United States Congress · 24 May 1988
Designates February 19 through February 25, 1989, as National Visiting Nurse Associations Week.
United States · United States Congress · 19 May 1988
Designates the week beginning November 13, 1988, as National Craniofacial Deformity Awareness Week.
United States · United States Congress · 19 May 1988
Designates the week of November 21 through November 27, 1988, as National Adoption Week.
United States · United States Congress · 13 May 1988
Designates June 12 through June 18, 1988, as Lyme Disease Awareness Week.
United States · United States Congress · 12 May 1988
Amends the Internal Revenue Code to require that, for the purpose of determining the income tax liability of life insurance companies, qualified long-term care insurance be treated as accident or health insurance. Applies this provision to policies covering at least 12 consecutive months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital. Describes the tax reserve method to be used to compute reserves in connection with qualified long-term health care insurance contracts. Treats qualified long-term care insurance as accident or health insurance and its benefits as benefits for personal injuries or sickness for purposes of determining appropriate tax exclusions for employer contributions or employee benefits. Allows an income tax deduction of long-term health care expenditures. States that benefits provided under certain employer-funded long-term health care insurance shall not be treated as deferred compensation plans for purposes of the tax deduction available for employer contributions to benefit plans.