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
Title I: National Development Investment - National Development Investment Act - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, distressed local government, Indian tribe, or nonprofit economic development organization, to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth activities eligible for such development investment assistance, including: (1) construction and repair of public facilities; (2) revolving loan funds to promote small business; (3) feasibility studies to enhance the investment climate; and (4) development activities which prevent economic dislocation and promote employee ownership organizations. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an unemployment rate one percent above the national average for the most recent 24-month period for which statistics are available; or (3) a sudden economic dislocation resulting in job losses. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or for the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum of 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum of 15 percent of the appropriations made pursuant to this Act, except for expenditures to Indian tribes. Prohibits the Secretary from obligating more than $2,000,000 in any fiscal year to any person, other than grants for employee ownership organizations. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local government. Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Authorizes the Secretary to make grants to colleges, universities, and other nonprofit educational and research organizations. Directs the Secretary to conduct a study to determine financing needs for the construction and repair of public facilities. Requires the Secretary to submit to each House of the Congress a detailed statement, including findings and recommendations, concerning such financing needs. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Permits the Secretary to discharge responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to the Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wages. Requires the Secretary to maintain and make available for public inspection records of approved applications. Requires each recipient of a grant to maintain certain specified records. Allows the Secretary and the Comptroller General access to all records of such recipients. Authorizes appropriations through FY 1992. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1987 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1994 for the administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1992. Authorizes appropriations through FY 1996 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Authorizes the Commission to make grants to States and public and nonprofit entities for projects which will: (1) assist in the creation or retention of permanent private sector jobs, the upgrading of the region's manpower, or the attraction of private investment; (2) provide special assistance to severely distressed and underdeveloped counties which lack financial resources for improving basic services; (3) assist in achieving the goal of making primary health care accessible in the region; or (4) otherwise serve the purposes of this Act. Prohibits the authorization of any financial assistance to enable plant subcontractors to undertake work previously performed in another area by other subcontractors or contractors. Prohibits grants with funds authorized after October 1, 1989, from exceeding 50 percent of the costs of any approved project. Permits such grants to increase the Federal contribution to any project to such percentage as the Commission determines, within specified limitations. Authorizes appropriations through FY 1994. Extends the termination date of such Act from 1982 to October 1, 1992.
United States · United States Congress · 3 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
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
Expresses the sense of the Congress that the President should formally request North Korea to undertake a search for, and provide an accounting of, the whereabouts or fate of the 8,177 Americans listed as missing in action from the Korean conflict.
United States · United States Congress · 20 October 1988
Veterans Entrepreneurship Promotion Act of 1988 - Title I: Findings, Purposes, and Definitions - Sets forth congressional findings and purposes with respect to small businesses owned and controlled by veterans. Amends the Small Business Act to add veteran-related definitions used in this Act. Title II: Procurement Assistance - Amends the Small Business Act to include small business concerns owned and controlled by veterans as a discrete group with respect to which the head of each Federal agency must establish goals for participation in procurement contracts. Requires annual reports to the Congress on the extent of participation by such businesses in agency procurement contracts. Includes veteran-owned businesses as a targeted group for purposes of Government contracts and subcontracts. Directs Federal agencies, in their procurement activities, to engage in affirmative action to identify and solicit offers from small businesses owned and controlled by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities. Title III: National Veterans Business Council - Establishes the National Veterans' Business Council to review the status of veteran-owned businesses nationwide and to develop detailed multiyear plans in connection with both private and public sector actions to assist and promote such businesses. Requires annual reporting to both the President and the Congress. Title IV: Statistical Data - Directs: (1) the Bureau of Labor Statistics to include in its census reports on veterans businesses specified information on sole proprietorships, partnerships, and corporations; (2) the Bureau of the Census to include in its Business Census data the number of corporations that are 51 percent or more owned by veterans; (3) the Small Business Administration's Office of the Chief Counsel for Advocacy to report on the most cost-effective and accurate ways to gather and present the statistics required in these census reports; and (4) Federal agencies to report to the Office of Federal Procurement Policy the number of first-time contract recipients that are small businesses owned and controlled by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities. Requires the President's annual Report on Small Business and Competition to include in separate detail information relevant to small businesses owned and controlled by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities.
United States · United States Congress · 12 October 1988
Joint Manufacturing Commodity Credit Corporation Opportunities Act of 1988 - Declares that the conduct of any individual in making or performing a contract to carry out a flexible manufacturing network shall not be deemed illegal per se under the antitrust laws, but rather shall be judged on its reasonableness considering all relevant factors affecting competition. Defines "flexible manufacturing network" (FMN) as any group of activities, including attempting to make, making, or performing a contract, carried out by two or more persons for the purpose of: (1) purchasing raw materials, services, or facilities to jointly manufacture and distribute a product; (2) collecting and sharing information on production costs and manufacturing capacity necessary to prepare a bid to sell a product jointly manufactured by such persons, or information applicable to the marketing of such product; or (3) sharing information on manufacturing and distribution capacity for the purpose of jointly manufacturing and distributing such product. Excludes activites not reasonably required to carry out a flexible manufacturing network. Limits recovery under the Clayton Act to actual damages (for private suits), the total damage sustained (in suits by States), interest calculated at a specified rate, and costs, including a reasonable attorney's fee, if such claim results from conduct that is within the scope of a notification that has been filed under this Act for an FMN and is filed after such notification becomes effective. Specifies that interest shall be awarded on the damages involved for the period between the date of injury and the date of judgment, unless the court finds that such award is unjust under the circumstances. Limits recovery under this Act if the challenged conduct of a person defending against a claim is not in violation of any decree or order entered or issued after the effective date of this Act. Provides for the award of costs and attorney's fees. Establishes procedures for the filing of a notice with the Attorney General and the Federal Trade Commission of a written agreement to carry out an FMN disclosing: (1) the identities of the parties; and (2) the nature and objectives of such FMN. Exempts specified information from disclosure. Provides for: (1) publication of such notice in the Federal register; (2) withdrawal of notice; and (3) judicial review of any action by the Attorney General or the Commission with respect to notification filed under this Act. Restricts the admissibility of information disclosed or published under this Act.
United States · United States Congress · 4 October 1988
Commends the selection of the United Nations peacekeeping forces as the recipients of the 1988 Nobel Peace Prize. Recognizes their coverage and supports their continued efforts to strengthen international peace and security. Urges the United Nations to redouble its efforts to secure the release of the U.S. citizens and other hostages being held in the Middle East.
United States · United States Congress · 16 September 1988
Amends provisions of Federal law to establish a new pay schedule for the Uniformed Division of the Secret Service and the United States Park Police. Directs the Secretary of the Interior to conduct annual surveys comparing the minimum rates of basic pay for entry-level positions within the U.S. Park Police force with the minimum rates of basic pay for similar positions in the police departments in the following areas: (1) the Washington, D.C.-Maryland-Virginia Metropolitan Statistical Area; (2) the New York-Northern New Jersey-Long Island, New York-New Jersey-Connecticut Consolidated Metropolitan Statistical Area; and (3) the San Francisco-Oakland-San Jose, California Consolidated Metropolitan Statistical Area. Requires the Secretary to increase the rates of pay for entry-level positions within the U.S. Park Police as necessary to ensure that such minimum rates are comparable to the minimum rates payable for similar positions in comparable police departments. Directs the Secretary of the Treasury to conduct annual surveys comparing the minimum rates of basic pay for entry-level positions within the Uniformed Division of the Secret Service with the minimum rates of basic pay for similar positions in the Washington, D.C.-Maryland-Virginia Metropolitan Statistical Area. Requires the Secretary to increase the minimum rates of basic pay for entry-level positions within the Uniformed Division of the Secret Service as necessary to ensure that such minimum rates are comparable to the minimum rates payable for such statistical area. Requires the Secretaries to give thorough consideration to the views and recommendations of appropriate employee organizations representing both police forces. Amends the District of Columbia Police and Firemen's Salary Act of 1958 to conform to provisions of this Act. Provides for conversion to the new pay schedule for pay periods on or after October 1, 1988, for the U.S. Park Police, and on September 30, 1988, for the Uniformed Division of the Secret Service. Declares that adjustments pursuant to the surveys shall be made beginning with applicable pay periods commencing on or after October 1, 1989. Amends the District of Columbia Police and Firemen's Salary Act of 1958 to provide for service step adjustments. Authorizes additional compensation for technicians of the U.S. Park Police and the Uniformed Division of the Secret Service. Provides for the payment of premium pay for night duty and Sunday work for both police forces.
United States · United States Congress · 14 September 1988
Congratulates Israel and Egypt for a decade of peace based upon the Camp David accords. Calls upon other Arab states and Palestinians to join in the peace process, renounce the state of war and acts of violence, and enter into direct negotiations with Israel to achieve a lasting peace.
United States · United States Congress · 11 August 1988
Constitutional Amendment - Requires each committee of the Congress to be appointed so that the voting strength of each political party on that committee reflects the relative voting strength of that political party in the relevant House.
United States · United States Congress · 14 July 1988
Women's Business Ownership Act of 1988 - Title I: Congressional Findings and Purposes - Sets forth congressional findings and purposes with respect to small businesses owned and controlled by women. Title II: Demonstration Projects - Amends the Small Business Act to direct the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct demonstration projects giving financial, management, and marketing assistance to small businesses, including start-up businesses, owned and controlled by women. Describes application criteria. Requires the SBA to report to the congressional Small Business Committees on the projects. Terminates authority for this pilot program on October 1, 1991. Authorizes appropriations. Title III: Procurement Assistance - Amends the Small Business Act to include small business concerns owned and operated by women as a discrete group for purposes of Government contracts and subcontracts and procurement programs. (Current law governing these programs refers expressly only to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals as groups targeted for assistance.) Instructs the Director of Small and Disadvantaged Business Utilization of each Federal agency to designate a Women-in-Business Specialist to be responsible for programs designed to assist concerns owned and controlled by women. Directs Federal agencies, in their procurement activities, to engage in affirmative action to identify and solicit offers from small businesses owned and controlled by either women or socially and economically disadvantaged individuals. Title IV: Access to Capital - Amends the Consumer Credit Protection Act to prohibit the Federal Reserve Board, except under limited circumstances, from exempting from such Act's provisions any class of transactions that are primarily for personal, family, or household purposes, or business or commercial loans made available by a financial institution. Limits to five years any exemption authorized under the circumstances specified in this Act, unless a subsequent determination is made that the exemption remains appropriate. Requires lenders to keep records relating to loans and to provide written notice to applicants of their right to receive notice of reasons for a loan denial. Authorizes the SBA to establish a certified loan program for lenders that display knowledge and proficiency with respect to SBA regulations and programs. Directs the SBA to encourage small business loans of $50,000 or less under both this new program and the preferred lenders program in FY 1989 through 1991 by permitting participating lenders to: (1) use their own forms without regard to SBA paperwork; and (2) retain one-half of the loan guarantee fee. Requires SBA reporting to specified congressional committees in connection with the certified loan program. Directs the Federal Reserve Board, the Comptroller of the Currency, the Department of Commerce, and the SBA jointly to study levels of availability of and demand for debt and equity capital by small businesses, as well as innovative financing techniques to meet any unmet demand. Requires reporting to the congressional Small Business Committees. Title V: National Women's Business Council - Establishes the National Women's Business Council to review the status of women-owned businesses nationwide and to develop detailed multiyear plans in connection with both private and public sector actions to assist and promote such businesses. Requires annual reporting to both the President and the Congress. Title VI: Statistical Data and Effect on Other Programs - Directs: (1) the Bureau of Labor Statistics to include in its census reports on women-owned businesses specified information on sole proprietorships, partnerships, and corporations; (2) the Bureau of the Census to include in its Business Census data the number of corporations that are 51 percent or more owned by women; (3) the SBA's Office of the Chief Counsel for Advocacy to report on the most cost-effective and accurate ways to gather and present the statistics required in these census reports; and (4) Federal agencies to report to the Office of Federal Procurement Policy the number of first-time contract recipients that are small businesses owned and controlled either by women or by socially and economically disadvantaged individuals. Requires the President's annual Report on Small Business and Competition to include in separate detail information relevant to small businesses owned and controlled either by women or by socially and economically disadvantaged individuals.
United States · United States Congress · 14 July 1988
Egg Producers' Financial Protection Act of 1988 - Amends the Packers and Stockyards Act, 1921 to establish a statutory trust for the benefit of unpaid egg producers or egg handlers from the inventories of, and proceeds from, such eggs or egg products held by egg purchasers with an average annual value of eggs (by purchase or production arrangement) greater than $50,000. States that a dishonored payment instrument shall not be considered as payment. Provides that an unpaid producer or handler shall lose such trust benefit if he or she fails to give written notice of nonpayment or dishonored payment to the purchaser within specified time periods and by filing such notice with the Secretary of Agriculture. Includes egg purchase and production activities under the enforcement provisions of such Act. Includes egg purchasers under the recordkeeping provisions of such Act. States that the Secretary may only exercise jurisdiction over egg producers in prompt payment or unreasonable or discriminatory practices proceedings in order to avoid impairment of the Secretary's jurisdiction. Authorizes the Secretary to seek injunctive relief in egg payment disputes. Provides administrative enforcement authority for egg trust and prompt payment provisions under such Act. Requires a purchaser to pay a producer or handler in full within 14 days of the transfer of possession of such eggs. States that a payment delay or attempted delay shall be considered an "unfair practice" violation under such Act. States that the amendments made by this Act shall not be construed to: (1) affect the Secretary's authority with respect to live poultry or poultry products; or (2) affect the Federal Trade Commission's authority to prevent unfair competition or practices in commerce.
United States · United States Congress · 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 · 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 · 23 June 1988
Technology-Related Assistance for Individuals With Disabilities Act of 1988 - Title I: Grants to States - Directs the Secretary of Education to make grants to States for consumer-responsive comprehensive statewide programs of technology-related assistance for individuals of all ages with disabilities. Lists functions and activities which may be included in the programs. Directs the Secretary to award to States three-year grants for statewide programs of technology-related assistance for individuals with disabilities. Provides for the number and amounts of the grants. Gives States receiving grants in one fiscal year priority in the availability of amounts appropriated in the next fiscal year. Directs the Secretary to award grants in a manner that is geographically equitable and that distributes them among States that have differing levels of development of programs of technology-related assistance. Sets forth information and assurances which must accompany an application. Authorizes the Secretary to award a two-year extension grant to any State that demonstrates significant progress of a statewide program of technology-related assistance under a grant provided for in this Act. Provides for the amounts of the extension grants and for priority for previously participating States. Specifies elements which must be included in an extension grant application. Requires each State that receives a grant under this title to submit an annual report to the Secretary. Sets forth specific requirements for reports with respect to extension grants. Directs the Secretary to establish a system to assess the extent to which States which receive grants under this title are making significant progress. Subjects any State which fails to comply with the requirements of this title to a corrective action plan. Declares that nothing in this title shall be construed to permit the State or any Federal agency to reduce medical or other assistance available or to alter eligibility under: (1) title II (Old Age, Survivors and Disability Insurance), title V (Maternal and Child Health), title XVI (Supplemental Security Income), title XVIII (Medicare), title XIX (Medicaid), or title XX (Block Grants for States for Social Services) of the Social Security Act; (2) the Education of the Handicapped Act; (3) the Rehabilitation Act; or (4) laws relating to veterans' benefits. Authorizes appropriations for FY 1989 through 1993. Directs the Secretary to reserve from amounts appropriated one percent for provision to States of information and technical assistance. Authorizes the Secretary to reserve sums as necessary to cover the cost of on-site visits. Directs the Secretary, directly or by contract, to: (1) conduct a national evaluation of the grant program authorized by this title; and (2) report to the Congress not later than October 1, 1992. Authorizes the Secretary to work with the States to consider and develop a uniform information system designed to report and compile a qualitative and quantitative description of the impact of the grant program. Title II: Programs of National Significance - Part A: Study on Financing of Assistive Technology Devices and Assistive Technology Services for Individuals with Disabilities - Requires the National Council on the Handicapped to: (1) conduct a study and make recommendations to the Congress and the President concerning financing and other aspects of technology-related assistance, devices, and services; and (2) appoint an advisory committee in accordance with the Rehabilitation Act of 1973 to assist the Council in carrying out the Council's duties under this part. Directs the heads of all Federal agencies, to the extent not prohibited by law, to cooperate with the Council. Authorizes the Council, with the consent of the agency involved, to use the resources of Federal, State, local, and private agencies, with or without reimbursement. Sets forth reporting requirements. Part B: National Information and Program Referral Network - Directs the Secretary to enter into any contract or cooperative agreement necessary in order to establish a national information and program referral network to assist States regarding such technology-related assistance, if the Secretary determines it appropriate to establish the network. Requires the contracts or agreements, if any, to be entered into before the end of 30 months after appropriations are enacted. Directs the Secretary to conduct a study of the feasibility and desirability of creating such a network. Authorizes the Secretary to enter into a contract or cooperative agreement necessary to conduct the study. Provides for the content and timetable of the study. Part C: Training and Public Awareness Projects - Directs the Secretary to enter into contracts or cooperative agreements concerning training with regard to the provision of technology-related assistance. Specifies eligible activities. Directs the Secretary to make grants to assist institutions of higher education to prepare personnel for careers relating to the provision of technology-related assistance. Sets forth priorities and specifies allowed uses of funds. Directs the Secretary to make grants or enter into contracts to carry out national projects that build awareness of the importance and efficacy of assistive technology devices and services for individuals of all ages with disabilities functioning in various settings of daily life. Sets forth allowed uses of the funds. Directs the Secretary to establish priorities for the grants and to publish the priorities, along with an explanation of how the priorities were determined, in the Federal Register. Part D: Demonstration and Innovation Projects - Directs the Secretary to make grants or enter into contracts or cooperative agreements to pay all or part of the cost of demonstration and innovation projects concerning technology-related assistance for individuals with disabilities. Sets forth allowed uses of the funds. Part E: Authorization of Appropriations - Authorizes appropriations for FY 1989 through 1993. Sets forth priorities depending on specified levels of appropriations.
United States · United States Congress · 23 June 1988
Palau Compact of Free Association Implementation Act - Authorizes the entry into force of the Compact of Free Association between the United States and Palau (the Compact), subject to specified determinations of approval by the Appellate Division of the Supreme Court of Palau or by referendum. Directs the President to negotiate: (1) an agreement with the Government of Palau to establish an office of public auditor; (2) an agreement regarding responses to an audit by the Comptroller General of the United States or the Secretary of the Interior; (3) agreements for the establishment of an independent office of special prosecutor and for the provision of law enforcement assistance and U.S.-Palau law enforcement cooperation; (5) an agreement providing for the submission by the Palau Government of a national development plan; and (6) agreements for the provision of medical, capital improvement, and further referendum cost assistance. Directs the Secretary to: (1) provide assistance for the development and promulgation of regulations regarding expenditures; and (2) negotiate an agreement guaranteeing purchase by the Federal Financing Bank of Palau Government obligations issued to refinance indebtedness related to the Palau electric power generating and distribution system. Provides funds for construction of medical facilities in Palau and debt assistance to Palau, the Federated States of Micronesia, and the Marshall Islands for use of medical facilities prior to implementation of the territories' compacts. Directs the Comptroller General to conduct annual audits of assistance provided to the Federated States of Micronesia and the Marshall Islands. Extends Pell Grant, Supplemental Educational Opportunity Grant, and College Work-Study assistance to students who are or will be citizens of the Federated States of Micronesia, Palau, or the Marshall Islands. Authorizes the Presidents of the United States and Palau to make agreements regarding compensation for and the transfer of land for defense uses. Directs the United States to provide funds for capital improvements. Directs the Secretary to: (1) establish field offices in Palau, the Federated States of Micronesia, and the Marshall Islands; and (2) provide sums as may be necessary for a further referendum or other costs of Compact implementation. Authorizes appropriations. Provides for continuing availability of unobligated balances of funds provided to Palau. Directs the Secretary to assist the President of Palau in implementing the requirements of the fiscal procedures and law enforcement assistance agreements and to report annually to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Provides a 180-day transitional rule for granting of U.S. nonimmigrant status. Amends the Act approving the Compact to provide that the authorizations for transition purposes shall decline over the first through third fiscal years after the Compact's effective date (under current law, FY 1987 through 1989).
United States · United States Congress · 20 June 1988
Amends the Small Business Act to: (1) lower from $10,000,000,000 to $20,000,000 the extramural research and development budget threshold that determines which agencies must establish a Small Business Innovation Research (SBIR) program; and (2) increase to an absolute maximum of three percent the required percentage of an agency's extramural research and development budget funds devoted to its SBIR program. Makes the SBIR program permanent by repealing a provision of the Small Business Innovation Development Act of 1982 that terminates authority for the program on October 1, 1993.
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 the Surface Mining Control and Reclamation Act of 1977 to encourage surface coal mining operations to maximize reclamation of abandoned mine lands concurrently with coal production. Directs the Secretary of the Interior to promote the reclamation of abandoned mined lands by active surface coal mining operators. Authorizes the use of moneys in the Abandoned Mine Reclamation Fund for specified reclamation measures. Authorizes the Secretary to: (1) waive or reduce the mining reclamation fee; (2) enter into agreements for land stabilization and conservation measures; (3) develop a reclamation bond guarantee program to compensate operators with reclamation bond credits for reclamation costs; (4) establish a planning process to designate abandoned mine land recovery zones suitable for reclamation by surface coal mining activities; (5) make funds available upon official request to States or Indian tribes for geologic and hydrologic data collection to assist applicants for surface coal mining permits; and (6) use previously allocated funds for the establishment and administration of reclamation bond pool programs and to grant Reclamation Bond Guarantees under such programs to surface coal mine operators in return for reclamation work. Directs the Secretary to promulgate regulations for coal mine waste removal and reclamation. Mandates that, in order to enhance use of coal waste materials as an alternative energy fuel, certain alternative energy fuel regulations apply to coal as the primary energy source to the same extent that such regulations apply to geothermal and small power production facilities and qualifying small power production facilities.
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 · 2 June 1988
Expresses the sense of the Congress that: (1) any proposal to legalize illicit drugs, as a method to combat their sale and use, should be rejected; and (2) the Congress should explore only those proposals which directly attack the supply of, and demand for, illicit drugs.
![Official portrait of Rep. McDade, Joseph M. [R-PA-10]](https://www.congress.gov/img/member/m000399_200.jpg)