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
In-Flight Emergency Medical Assistance Act - Exempts from liability for damages, except in cases of gross negligence, any physician who, in good faith, provides emergency medical care to a person: (1) aboard an aircraft for a regularly scheduled commercial flight; or (2) being transported from the aircraft to a medical facility for treatment.
United States · United States Congress · 23 June 1988
Independent Defense Inspector General Act - Establishes the Office of the Defense Inspector General (Office) as an independent establishment within the executive branch. Provides that such office shall be headed by an Inspector General appointed by the President by and with the advice and consent of the Senate. Specifies that the Inspector General shall not report to, or be subject to supervision by, the Secretary of Defense. Provides that the Inspector General shall appoint an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigations. Specifies the various duties and responsibilities of the Inspector General, including: (1) providing policy direction for, and conducting and supervising audits and investigations relating to, the programs and operations of the Department of Defense; and (2) being the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department of Defense. Requires the Inspector General, in carrying out the duties and responsibilities established under this Act, to: (1) give regard to the activities of the Comptroller General with a view toward avoiding duplication and insuring coordination and cooperation; (2) report to the Attorney General whenever reasonable grounds exist to believe there has been a violation of criminal law; and (3) carry out such duties and responsibilities in a manner that avoids compromising or endangering the national security. Requires the Inspector General to prepare semiannual reports concerning the activities of the Office and to furnish such reports to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives. Sets forth administrative provisions concerning: (1) the authorities of the Inspector General to have access to records and documents of the Department of Defense; (2) the obtaining of information and assistance from other Federal agencies; and (3) office space and equipment. Requires the Inspector General to report to the President, the Secretary of Defense, and the Armed Services Committees whenever any requested information or assistance is unreasonably refused. Authorizes the Inspector General to receive and investigate complaints or information from employees of the Department of Defense concerning violations of law, waste, mismanagement, or dangers to public health or safety. Prohibits the Inspector General from disclosing the identity of such an employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of an investigation. Prohibits taking or threatening to take any action against any such employee as a reprisal for making a complaint or disclosing information to the Inspector General. Prohibits any person from serving as Inspector General if he or she has served as an officer of the armed forces or has been employed by a defense contractor during the five-year period prior to nomination. Prohibits any person who has served as Inspector General from accepting compensation from a defense contractor for a period of five years after leaving office. Sets forth similar rules for employees of the Office for periods of three years before and after employment with the Office. Terminates the Office of the Inspector General of the Department of Defense. Transfers all personnel, records, property and assets of such office to the Office established by this Act.
United States · United States Congress · 16 June 1988
Comprehensive Anti-Drugs Act of 1988 - Title I: Demand Reduction and User Accountability - Subtitle A: User Accountability Act of 1988 - Makes any individual who is convicted of two or more drug or narcotic offenses, or any offense consisting of the distribution of a controlled substance, ineligible for Federal benefits for a specified period. Authorizes the Attorney General to assess a civil penalty on any person who violates the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act. Directs that the proceeds from any penalty be allocated equally to drug education, treatment, and State and local narcotics assistance as the Attorney General shall prescribe. Limits the amount of such penalty. Directs the Attorney General to study the feasibility of prosecuting Federal drug-related offenses in a manner alternative or supplemental to the current criminal justice system and to report the results of such study to the Congress. Provides for the withholding of Federal highway funds to States which do not have in effect and enforce a law which revokes or suspends for a period of not less than: (1) six months the driver's license of a person who is convicted after the date of the enactment of this Act of a violation of the CSA, or for any drug or narcotic offense chargeable under the law of such State or any other State; and (2) one year the driver's license of a person who, in a five-year period, is convicted of more than one of certain offenses. Provides for the apportionment of withheld funds after compliance and for the use of such funds for other projects in the event of noncompliance. Subtitle B: Drug-Free Schools and Businesses Act of 1988 - Requires, as a condition of receiving any Federal contract or assistance, that the recipient maintain a drug-free workplace or activity. Requires the Federal agency administering such contract or assistance to make the recipient aware of such requirement. Requires the agency to terminate the contract or assistance and not to enter into any further contract or assistance with the recipient until such recipient demonstrates effective compliance if the agency, after an opportunity for an agency hearing on the record, determines that a recipient has not complied with such requirement. Specifies that a good faith effort to maintain a drug-free workplace or activity is sufficient to satisfy the requirement. Subtitle C: Drug Testing in the Federal Criminal Justice System - Requires the Attorney General to provide for the mandatory drug testing and retesting of all arrestees for Federal drug-related offenses. Makes it a mandatory condition of release that the individual refrain from the illegal use of any controlled substance. Makes it a mandatory condition of parole that: (1) the parolee submit to regular drug tests administered under the authority of the person supervising the parolee; and (2) the parolee refrain from the use of any controlled substance without a prescription. Makes the latter requirement a mandatory condition of probation. Provides for the random testing of probationers by each probation officer. Subtitle D: Increased and Expanded Treatment of Drug Abuse - Amends the Public Health Service Act (PHSA) to provide for the reduction of the waiting period for drug abuse treatment. Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for the purpose of expanding the capacity of grantees to carry out drug abuse treatment programs. Prohibits the Secretary from making a grant to an applicant unless such applicant: (1) is experienced in the delivery of drug abuse treatment services; (2) is, on the date the application is submitted, carrying out a program for the delivery of such services; (3) as a result of the number of requests for admission into the program, is unable to admit any individual any earlier than one month after the date on which the individual makes a request for such admission; and (4) provides satisfactory assurances to the Secretary that, after funding is no longer available under this Act, the applicant will have access to financial resources sufficient to continue the program. Sets forth further conditions on the making of grants under this Act. Requires independent evaluations of federally-funded drug treatment programs and research into methods of such treatment. Requires the Secretary, in carrying out such evaluations, to: (1) assess the comparative effectiveness and costs of the various methods of treatment utilized for specific patient groups; (2) clarify research and treatment objectives and methodologies; and (3) determine whether entities carrying out such programs have organizational biases with respect to such treatment and the extent to which they are contributing to progress in the development of effective methods of treatment. Directs the Secretary to complete the required evaluation and submit a report of the findings to the Congress within one year. Requires the Director of the Office for Substance Abuse Prevention of the Public Health Service to make grants and enter into contracts to establish: (1) support groups for parents and families of individuals who abuse drugs; and (2) counseling and referral services for such parents and families. Authorizes appropriations. Authorizes appropriations for prevention, treatment, and rehabilitation model projects for high risk groups. Authorizes appropriations for a preventive health services block grant. Authorizes appropriations for emergency substance abuse treatment and preventive rehabilitation. Provides for increased State grants for demonstration projects for the provision to expectant mothers of outpatient residential treatment services. Amends the Rehabilitation Act of 1973 to exclude from the definition of the term "individual with handicaps" any individual who uses, or is addicted to, illegal drugs, with exceptions. Subtitle E: Drug Education Amendments - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations and require that local applications for grants under such Act describe: (1) the extent and nature of the current illegal drug and alcohol problem in each school of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor the effectiveness of its program. Requires an applicant to submit to the State educational agency a progress report on the first two fiscal years of its plan in order to receive the third year's funding. Prohibits such agency from awarding funds for the third year unless it determines that such report shows reasonable progress toward accomplishing the objectives of its plan and of this Act. Requires each State to submit an annual report containing specified information on State or local programs. Restricts the amount of funds allocated for use by a State for the administrative costs of the chief executive officer of such State. Allows a small number of individuals who are not high risk youth to participate in programs for high risk youth if their participation does not significantly diminish the amount or quality of services provided. Subtitle F: Drug-Free Public Housing Act of 1988 - Drug-Free Public Housing Act of 1988 - Directs the Secretary of the Department of Housing and Urban Development (HUD) to establish a clearinghouse to collect information regarding drug abuse in public housing projects in order to respond to public inquiries for assistance and provide referrals. Directs the Secretary to establish a regional program for the training of public housing officials to educate them to the widespread abuse of controlled substances in the communities in which they work. Requires that such program be conducted within 12 months after enactment of this Act by a national training unit established by the Secretary. Title II: Drug Law Enforcement - Subtitle A: Death Penalty for Drug Kingpins - Drug Kingpin Act of 1988 - Amends the CSA to subject to the death penalty any individual who intentionally engages in conduct during the course of a continuing criminal enterprise that results in the death of another individual and who is the principal organizer of the enterprise, if the violation involves a specified quantity of a controlled substance. Sets forth procedural safeguards, such as the right of the accused to reasonable notice that the Government will seek the death penalty. Requires the Government to set forth the aggravating factors which it will seek to prove as the basis for such sentence. Authorizes the court to permit the Government attorney to amend such notice upon a showing of good cause. Provides for a separate sentencing hearing to determine punishment in cases where the Government has filed such a notice and the defendant is found or pleads guilty to an offense which might subject him to the death penalty. Permits information to be presented at the sentencing hearing as to any matter relevant to the sentence or to mitigating or aggravating factors, regardless of its admissibility as evidence at criminal trials, unless its probative value is substantially outweighed by the danger of prejudice, confusion of the issues, or misleading the jury. Grants the Government and the defendant the opportunity to present and rebut information. Specifies the order and burden of proof. Establishes guidelines for the jury or court to follow in considering the information and returning its findings. Directs the court to sentence the defendant to death upon a finding that such a sentence is justified. Specifies mitigating and aggravating factors to be considered. Directs the judge to instruct the jury that it shall not consider the defendant's race, color, national origin, creed, or sex in reaching its decision. Authorizes the court to impose a sentence of life imprisonment without the possibility of parole. Sets forth procedures and standards of review for appeals of the death sentence. Subtitle B: Exclusionary Rule Reform - Amends the Federal criminal code to permit otherwise admissible evidence obtained as a result of a search or seizure to be admitted into evidence if such search or seizure was undertaken in an objective, reasonable, good faith belief that it was in conformity with the Fourth Amendment to the Constitution. Specifies that a showing that evidence was obtained pursuant to, and within the scope of, a warrant constitutes prima facie evidence of such good faith belief, unless obtained through intentional and material misrepresentation. Subtitle C: Authorization of Appropriations for Prisons and Prosecutors - Authorizes appropriations for FY 1989 and 1990 of such sums (and for such purposes) as are specified in the respective budgets transmitted by the President to the Congress for the Federal prison system and U.S. attorneys. Authorizes the Bureau of Prisons to lease prison facilities subject to approval in advance in appropriations Acts. Authorizes the Attorney General to issue debt instruments for purchase by the Secretary of the Treasury to finance the acquisition or construction of a facility to be used for penal or correctional purposes by the Bureau. Subtitle D: Elimination of Diversity Jurisdiction - Eliminates district court jurisdiction based on diversity of citizenship. Subtitle E: State and Local Narcotics Control Assistance - Amends the Omnibus Crime Control and Safe Streets Act to expand the purposes of the grant program to include: (1) introducing innovations in penalties for possession of a controlled substance, such as revocation or suspension of drivers' licenses, ineligibility for State grants, increased criminal and civil fines, and cost recovery of governmental expenses incurred in rehabilitation programs; (2) reducing delays in time between arrest, prosecution, adjudication, and detention of persons accused of violating State or local drug laws, including the development of an alternative or supplemental judicial system for drug-related offenses; and (3) increasing participation in multi-jurisdictional task forces for enforcing drug laws. Prohibits the use of any such grant to provide counsel to assist defendants accused of violations of the CSA or of State or local laws that establish offenses similar to those established in the CSA. Restricts expenditures of drug law enforcement grants to no more than 50% (currently, 75%) of the cost of the identified uses for which such grants are received. Authorizes appropriations. Subtitle F: Drug Enforcement Agency Personnel Support Act of 1988 - Authorizes the Attorney General to use Department of Justice (DOJ) appropriations to pay benefits to Drug Enforcement Agency (DEA) overseas personnel. Directs the Attorney General to report to the Congress within 120 days on the implementation of this subtitle. Subtitle G: Anti-Drug Manufacturing Act of 1988 - Establishes criminal penalties for: (1) polluting U.S. lands while manufacturing, distributing, or dispensing a controlled substance; and (2) creating a substantial risk of harm to human life while possessing or manufacturing a controlled substance. Subtitle H: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the CSA to establish recordkeeping and reporting requirements for the distribution, receipt, sale, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle I: Law Enforcement Officer Protection Act of 1988 - Provides a mandatory penalty (ten years imprisonment, to run concurrently with any other term, and/or a fine) for using a firearm in committing assaults on Federal officers. Establishes penalties for the possession of firearms or dangerous weapons in a Federal courthouse. Permits the court to consider pretrial detention for certain firearms and explosives offenses. Extends the possession of explosives offense to certain airports and increases penalties for possessing explosives in such airports and in Federal buildings. Increases penalties for using an explosive in the commission of a Federal felony. Makes it unlawful for any person to transfer a firearm to any business that does not maintain a place of business in the State in which the transferor resides. Deletes the requirement that stolen firearms and ammunition be in interstate commerce to be a Federal offense. Makes trafficking in firearms without serial numbers unlawful. Authorizes the Attorney General to: (1) make payments from DOJ appropriations for expenses necessary for hosting the General Assembly of INTERPOL's annual meeting and for the periodic sponsorship of INTERPOL conferences relating to international crime; and (2) solicit, accept, and make gifts in connection with certain INTERPOL activities, with specified restrictions. Requires the Attorney General to: (1) promulgate rules for such soliciting, accepting, and giving gifts to avoid creating a conflict of interest; and (2) report annually to the Congress regarding all such gifts. Authorizes electronic communications providers to disclose specified information to a governmental entity under certain circumstances. Subtitle J: Anti-Public Corruption Act of 1988 - Anti-Public Corruption Act of 1988 - Establishes the offense of public corruption and sets penalties for individuals who endeavor by scheme or artifice to deprive the inhabitants of a a State (or political subdivision thereof): (1) of the honest services of a State official or employee; or (2) of a fair and impartial election through fraud. Specifies that, in the case of a conviction under this subtitle for which the motive was to facilitate or further a violation of the CSA or CSIEA, if the maximum imprisonment otherwise provided is less than 20 years, such maximum imprisonment shall be 20 years. Adds public corruption as a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO) and as a basis for authorizing a wiretap. Subtitle K: Increased Penalties - Amends the CSA to provide increased penalties for crack violations. Amends the CSA and CSIEA to provide civil penalties for certain violations involving heroin or cocaine. Subtitle L: Amendments to the Money Laundering Control Act - Amends the Money Laundering Control Act to: (1) include electronic fund transfers in the definition of "monetary instruments"; and (2) encompass property that has been represented to be the proceeds of unlawful activity. Subtitle M: National Forest System Drug Control - Amends the National Forest System Drug Control Act to grant certain powers to special agents and law enforcement officers within and outside the boundaries of the National Forest System if in hot pursuit. Directs the U.S. Forest Service to: (1) oversee investigations and enforcement activities and prepare national and regional strategy plans in coordination with the DEA and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the CSA as such activity relates to the manufacture, distribution, or dispensing of marijuana or other controlled substances within the National Forest System. Subtitle N: United States Postal Service Authority Expansion - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant: (1) the U.S. Postal Service authority to subject to forfeiture specified drugs and drug-related contraband articles; and (2) certain Postal Service officers and employees authority to perform enforcement functions performed by DEA officers or employees. Subtitle O: United States Marshals Service Act of 1988 - United States Marshals Service Act of 1988 - Establishes the United States Marshals Service as a bureau within the Department of Justice. Directs the President to appoint a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia. Sets forth procedures for filling vacancies in the office of a U.S. marshal. Specifies the powers and duties of the Service. Allows the Attorney General to exempt the procurement of contract services under the Department of Justice Assets Forfeiture Fund from certain procurement guidelines if necessary to maintain the security and confidentiality of related criminal investigations. Prescribes a schedule of fees that the Service may collect. Authorizes the Attorney General to use funds appropriated to the Service for the support of U.S. prisoners in non-Federal institutions. Subtitle P: Assimilative Crimes Act Amendments of 1988 - Amends the Federal criminal code to provide that the criminal penalty for operating a motor vehicle under the influence of a drug or alcohol in a special maritime or territorial jurisdiction of the United States shall be the punishment provided under the law of that State, territory, possession, or district. States that whoever operates a motor vehicle in such a jurisdiction consents to certain tests if arrested for driving under the influence of a drug or alcohol. States that any person refusing to submit to such tests shall be denied the privilege of operating a motor vehicle for one year. Subtitle Q: National Guard Drug Law Enforcement Assistance Act of 1988 - Provides that the consent of a Governor may not be withheld with regard to the provision of National Guard assistance to civilian law enforcement officials. Subtitle R: Drug Law Enforcement in Public Housing Projects - Authorizes the Secretary of HUD to establish a demonstration project providing grants to public housing agencies to permit such agencies to prevent drug-related crimes in public housing projects through: (1) the establishment and operation of public housing security and protective services for such projects; or (2) the reimbursement of local law enforcement agencies for additional security and protective services for such projects. Subtitle S: Study of Improvements to Monetary Rewards - Directs the Attorney General to study and report to the Congress concerning: (1) ways to increase cooperation and assistance for drug law enforcement from informants eligible for rewards from the Asset Forfeiture Fund; and (2) the feasibility of establishing a bounty system for alternative rewards. Subtitle T: Deportation of Aliens Amendment - Allows a court, on motion of the Government, to exempt from deportation provisions of the Immigration and Nationality Act an alien who has provided substantial assistance in the investigation or prosecution of a person who has committed a drug offense under the CSA. Subtitle U: Steroid Control Act - Amends the CSA to include methandrosterolone as a Schedule I substance (a drug or substance with a high potential for abuse, which has no currently accepted medical use in treatment in the United States, and which lacks any accepted safety use under medical supervision). Subtitle V: Task Force on Clandestine Drug Laboratories - Joint Federal Task Force on Clandestine Drug Laboratories Establishment Act of 1988 - Establishes the Joint Federal Task Force on Clandestine Drug Laboratories. Directs the Task Force to formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by clandestine drug laboratories. Provides for periodic reports by the Task Force to the President and to each House of the Congress. Subtitle W: Additional Penalties for Operation of a Locomotive or Common Carrier While Under the Influence of Alcohol or Drugs - Provides penalties for the operation of a locomotive common carrier while under the influence of alcohol or drugs. Subtitle X: Miscellaneous Technical Amendments - Sets a mandatory minimum penalty for trafficking in a specified quantity of methamphetamine. Prohibits and establishes penalties for conducting a financial transaction involving the proceeds of specified unlawful activity with the intent to violate the Internal Revenue Code. Title III: International Drug Control - Subtitle A: Multinational Anti-Drug Strike Force - Directs the President to develop a plan to establish a multinational strike force to combat illicit narcotics production and trafficking in the Americas and in Asia. Encourages the President to enter into negotiations with other nations to implement such strike forces. Requires the President to submit to the Congress a report describing such plan and detailing actions taken to implement such strike forces. Subtitle B: Amendments to the Foreign Assistance Act - Amends the Foreign Assistance Act of 1961 (FAA) to provide for exemptions from the prohibition on using international narcotics control assistance to procure weapons or train foreign police forces if the President determines that such assistance or training is necessary to combat illicit drug production or trafficking. Subtitle C: Sense of Congress on the Convening of a Summit of Western Hemisphere Nations Concerning Drug Abuse - Urges the President to convene a meeting of the heads of government of countries in the Western Hemisphere in which illicit drug production, transit, or use is a problem to reach agreement on enhancing international cooperation and information sharing. Subtitle D: Sense of Congress on Suppression of International Narcotics Trafficking - Expresses the sense of the Congress that the suppression of international narcotics trafficking is the most important national security objective within the Western Hemisphere. Subtitle E: Authorization of Appropriations for Assisting Law Enforcement Authorities in Certain Foreign Countries - Authorizes appropriations for FY 1989 for: (1) education and training of law enforcement authorities in certain foreign countries to enhance drug interdiction and eradication efforts; and (2) military assistance for such efforts, especially with respect to rapid deployment capabilities. Subtitle F: Extradition and Mutual Legal Assistance Treaties - Directs the Secretary of State to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Subtitle G: Export-Import Bank Financing for Defense Against Narco-Terrorists - Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with a credit sale of defense articles or services to a major illicit drug producing or drug-transit country if the President certifies to the Congress that such country needs such articles or services in combatting illicit drug production or trafficking. Subtitle H: Increased Intelligence Capabilities - Amends the National Security Act of 1947 to provide that a special activity directed at illicit international drug trafficking shall be deemed to be important to national security for purposes of requirements for presidential approval. Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the use of information concerning illicit drug trafficking obtained by electronic surveillance conducted for foreign intelligence purposes to combat such trafficking. Subtitle I: Mexico-United States Intergovernmental Commission - Amends the International Narcotics Control Act of 1986 to provide for the appointment of Members of Congress to and funding, reporting requirements, and the initial meeting of the Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control. Title IV: Interdiction Improvement - Subtitle A: Use of Armed Forces for Interdiction of Narcotics at United States Borders - Requires the President to use the U.S. armed forces to locate, pursue, and seize aircraft and vessels carrying narcotics, deploy radar and pursuit aircraft, and use the National Guard and Reserves to halt the unlawful penetration of U.S. borders within 45 days after the enactment of this Act. Directs the President to: (1) report to the Congress on the impact and costs of this Act and recommendations for changes in existing law; and (2) submit to the Congress a request for the amount of funds spent and the amount needed to continue the program through FY 1988 and 1989. Provides for a separate budget request, beginning with FY 1990, for funds for the drug interdiction program. Subtitle B: Department of Transportation Study of Establishing Flight Corridors - Directs the Secretary of Transportation to: (1) study the feasibility of establishing flight corridors across the sourthern borders of the United States, including the policy of interdicting aircraft which deviate from such corridors; and (2) report the results of such study to the Congress within 180 days. Subtitle C: Maritime Drug Law Enforcement and Enhancement Act of 1988 - Maritime Drug Law Enforcement and Enhancement Act of 1988 - Chapter 1: Drug Enforcement Budget Improvement - Requires: (1) the President to submit annual reports on Federal drug enforcement expenditures; and (2) each congressional committee to issue a report, by March 15 of each year, describing estimates of the budget required by each agency for the following fiscal year to effectively implement illegal drug enforcement programs within such committee's jurisdiction. Chapter 2: Coast Guard Drug Interdiction Enhancement - Expands the Coast Guard's maritime air surveillance and interdiction authority. Authorizes the Secretary of the department in which the Coast Guard is operating (currently, the Coast Guard) to make inquiries, examinations, inspections, searches, and seizures of aircraft subject to U.S. jurisdiction or law (current law applies only to vessels), order such aircraft to a landing area, and take any other lawful action. Amends the Tariff Act of 1930, as amended, to make moneys from the Customs Forfeiture Fund available to the Coast Guard. Authorizes the commanding officer of a Coast Guard vessel or aircraft, or of a surface naval vessel on which a Coast Guard member is assigned, to fire upon a vessel which does not stop upon being ordered to do so or on being chased. Provides for indemnification of: (1) all persons acting under such commanding officer from any penalties or actions for damages for firing upon such vessel; and (2) Coast Guard members and employees against any claim or judgment which arises out of an act committed within the scope of their official duties in carrying out drug enforcement activities. Authorizes appropriations for the Coast Guard. Directs the Secretary of Transportation to submit to the Congress a draft of legislation relating to special restrictions and inspections for vessels arriving from drug producing countries. Amends the CSA to prohibit the forfeiture of specified vessels under such Act unless it appears that the owner was a consenting party to a violation of such Act. Chapter 3: Great Lakes Drug Interdiction - Directs the Secretary of Transportation and the Commissioner of Customs to enter into an agreement to increase the effectiveness of maritime drug interdiction activities in the Great Lakes area. Provides for increased use of long-range surveillance aircraft in such area. Directs the Secretary of State to enter into negotiations with the Government of Canada to establish an agreement for increased cooperation and information sharing with respect to illegal drug interdiction efforts along the U.S.-Canadian border. Chapter 4: Vessel Identification - Defines "United States vessel" and "documented vessel." Requires the identification of the individual designated as the agent of the owner of the vessel on the certificate of documentation for such vessel. Directs the Secretary of Transportation to establish and maintain a central depository of information relating to the ownership of U.S. vessels. Chapter 5: Reorganization to Coordinate Maritime Law Enforcement Programs - Federal Maritime Administration Act - Establishes the Federal Maritime Administration (FMA) with the Department of Transportation, consisting of the Coast Guard and the National Maritime Service and headed by the Under Secretary for Maritime Affairs and Readiness. Specifies the duties of the Under Secretary. Provides for an Office of Drug Interdiction Coordination within the FMA. Renames the existing Maritime Administration. Transfers certain maritime functions of the National Ocean Service and National Weather Service. Redesignates the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration as the Commissioned Officer Corps of FMA. Provides for incidental transfers, terminations, and miscellaneous provisions. Establishes the Merchant Marine Reserve within the Coast Guard Reserve. Directs the Secretary of Transportation to: (1) issue final regulations to implement this chapter within one year; and (2) make recommendations to the Congress regarding the consolidation of budget authority. Subtitle D: Prohibition on Reissuance of Airman Certificates - Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman certificate to any person whose certificate has been revoked.
United States · United States Congress · 16 June 1988
International Narcotics Control Act of 1988 - Title I: Latin American Regional Anti-Narcotics Force - Expresses the sense of the Congress concerning the need for a Latin American regional anti-narcotics force. Instructs the President to direct the U.S. representative to the Organization of American States (OAS) to consult with other member nations on the feasibility of establishing a Latin American regional anti-narcotics force and developing a comprehensive regional strategy for dealing with narcotics production and trafficking. Directs the President to call for a meeting of heads of state of member nations, if there is a positive response within OAS, to conclude an agreement for: (1) the establishment of such a force, with appropriate member contributions of personnel, training, equipment, and financial resources; and (2) the development of such a strategy. Requires the President to direct the Secretary of Defense to provide appropriate assistance for the force. Authorizes appropriations. Requires the President to notify specified congressional committees not less than 15 days before obligating funds authorized under this title. Expresses the sense of the Congress that the Assistant Secretary of State for International Narcotics Matters (Assistant Secretary) should: (1) seek the establishment of a regional anti-narcotics training center in the Caribbean; and (2) contribute funds or other resources and seek contributions from other countries to such a center. Urges the President to seek the establishment of other regional anti-narcotics forces. Title II: Foreign Assistance Programs - Subtitle A: Authorizations and Earmarkings of Assistance - Amends the Foreign Assistance Act of 1961 (FAA) to authorize FY 1989 appropriations for narcotics international control assistance to other countries and to international organizations. Sets a minimum expenditure level for the testing and use of safe, effective herbicides for aerial eradication of coca. Makes available a portion of FY 1989 grant military assistance funds to arm, for defensive purposes, extant aircraft used in narcotic control eradication or interdiction efforts. Applies the standard 15 days' notice requirement to specified congressional committees in connection with this reprogramming. Earmarks amounts from funds for international military education and training to be used solely for: (1) education and training involving equipment used in narcotics interdiction and eradication efforts in Latin America and the Caribbean; and (2) the expenses of deploying Department of Defense mobile training teams in a requesting country to conduct training in military-related skills to improve its tactical operations in narcotics interdiction. Limits this assistance to foreign law enforcement agencies or other units organized expressly for narcotics enforcement and to countries that meet criteria set out in this title. Waives provisions that would prohibit the use of grant military assistance funds to procure weapons or ammunition for foreign law enforcement entities when they are organized specifically for narcotics enforcement in countries meeting the criteria of this title. Directs the President to report to the Congress within 15 days before funds are obligated for this type of assistance. Describes required report contents. Provides for human rights reporting with respect to countries authorized to receive assistance. Earmarks an amount to be available solely for assistance for countries in Latin America or the Caribbean. Directs the President to reallocate funds withheld from countries failing to take adequate steps to halt illicit drug production or trafficking for use by countries that have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking. Prescribes conditions to govern transfers among international narcotics control assistance funds and reprogramming of security assistance resulting from these reallocations. Authorizes supplemental FY 1989 appropriations for activities to increase awareness of the effects of illicit narcotic production and trafficking on source and transit countries. Subtitle B: Provisions Relating to Specific Countries - Urges the Assistant Secretary for International Narcotics Matters to pay greater attention, and provide more narcotics control assistance, to those countries that are drug-transit countries (but not major ones) cooperating with U.S. international narcotics control efforts. Earmarks a minimum FY 1989 amount to be available for their assistance. Permits security assistance to Bolivia for FY 1989 only if the President certifies to the Congress that the Government of Bolivia has enacted specified types of legislation to eradicate illicit coca production. Sets nonwaivable conditions that the Government of Bolivia must meet before the President may make the certification necessary to obligate and expend FY 1989 U.S. assistance funds suspended because of major illicit drug activities (certification). Requires that project agreement documents for projects in Bolivia contain a clause calling for suspension of FY 1989 development assistance if the Government of Bolivia fails to keep project areas free of illicit coca cultivation. Deletes a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 that earmarked funds for narcotics interdiction and control programs for Bolivia. Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Peru, to give foremost consideration to whether the Government of Peru made substantial progress in meeting its coca eradication targets during the previous year. Describes conditions that must be met before FY 1989 funds may be made available for the Agency for International Development's project in the Upper Huallaga Valley of Peru. Limits FY 1989 international narcotics control assistance made available for Mexico. Withholds a portion of these funds until the President reports to the Congress the Mexican Government's compliance with conditions relating to the murder and torture of Drug Enforcement Administration (DEA) agents. Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Mexico, to consider the Mexican Government's response to U.S. proposals to establish and implement a joint U.S.-Mexico airborne apprehension capability and air surveillance operations. Encourages the Government of Mexico, upon ratification of the Mutual Legal Assistance Treaty with the United States, to furnish banking information pursuant to the treaty that would permit the successful U.S. investigation and prosecution of major narco-terrorists who use Mexican financial institutions to launder their profits. Includes Colombia among the countries authorized to have more than six members of the U.S. armed forces assigned to carry out international security assistance programs. Authorizes supplemental FY 1989 appropriations to be used exclusively for defense articles to the Colombian armed forces to support their anti-narcotics efforts. Earmarks amounts to assist Colombia in providing protection against narco-terrorist attacks on judges, other government officials, and members of the press. Requires congressional notification at least 15 days before funds may be obligated. Directs the President, in making determinations with respect to the certification necessary for assistance to Pakistan, to take into account the extent to which the Government of Pakistan is increasing specified anti-narcotics activities. Directs the President to review and report to the Congress by December 31, 1988, on U.S. narcotics raw material policy, determining what options are available to reduce U.S. reliance on licit opium gum from foreign sources. Directs the President to make a certification for FY 1989 with respect to India only if he determines that the Government of India has taken certain actions to curb illicit opium cultivation and production. Requires the President, if certification is made, to include a detailed report on what steps were taken and an estimate of the amount of licit opium still being diverted to the illicit market. Expresses the sense of the Congress that: (1) the U.S. Government should pursue efforts to press the Government of Afghanistan, and work with the Mujahadeen, to reduce heroin production and trafficking in areas under their respective control and to encourage eradication, interdiction, and crop substitution in Afghanistan; and (2) an initiative should be developed which could be put in place as the Mujahadeen and successors to the present Kabul regime begin to exert greater civil authority. Directs the President to: (1) prepare and transmit to the Congress quarterly reports containing determinations with respect to any involvement by the Government of Laos (and other governments in the region) in illicit drug production and trafficking. Describes required report contents, depending on the determinations reached. Prohibits U.S. assistance to Laos and directs the U.S. representative to any multilateral development bank to vote to oppose any loan or other use of funds for the benefit of Laos, if the Government or any senior official of Laos is involved in illicit drug production or trafficking, unless the President certifies to the Congress that overriding vital national interests require the assistance and it would improve the prospects for cooperation with Laos in halting the flow of illegal drugs. Subtitle C: Annual Report and Certification Process - Requires the President's annual report to the Congress pursuant to the FAA to: (1) express in numerical terms the maximum reductions in illicit drug production achievable during the next fiscal year; and (2) describe the U.S. assistance for the preceding fiscal year that was denied to each major illicit drug producing country and each major drug-transit country. Requires certification to include the determination that a government has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, corruption by government officials. Establishes a timetable according to which the Secretary of State must establish numerical standards and other guidelines for determining which countries will be considered as major drug-transit countries for FAA purposes. Requires reports to appropriate congressional committees in connection with these standards and their modifications. Revises the FAA definition of "bilateral narcotics agreement" for purposes of certifications made on or after March 1, 1989. Amends related FAA provisions to permit multilateral agreements as an alternative to bilateral ones. Waives restrictions on FY 1989 U.S. assistance to any major drug-transit country if the President certifies to the Congress that: (1) significant drug-related money laundering is not occurring there with government knowledge or complicity; (2) the country previously was a major illicit drug producing country but has effectively eliminated illicit drug production during each of the preceding two years; and (3) the country is cooperating fully with the United States or has taken adequate steps on its own in satisfying specified anti-narcotics goals. Revises procedures governing congressional review of presidential certifications associated with suspensions of U.S. assistance. Repeals certain amendments to the FAA definition of "United States assistance." Directs the President to report to the Congress annually, rather than biannually, listing each major illicit drug producing country and major drug-transit country. Includes this report in the required midyear report on international narcotics control activities and operations. Subtitle D: Miscellaneous Provisions - Applies the standard reprogramming procedures of the FAA to any transfer by the U.S. Government to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the Government in connection with narcotics-related activity. Requires annual reports to the Congress regarding such transfers. Expresses the sense of the Congress that suppression of international narcotics trafficking is among the most important U.S. foreign policy objectives. Directs the President to take all reasonable steps to ensure that assistance under the FAA and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe: (1) has been convicted of a violation of, or a conspiracy to violate, any U.S. or foreign law relating to narcotics, psychotropic drugs, or other controlled substances; or (2) is or has been an illicit trafficker in any such substance. Requires the President to issue regulations, subject to congressional review, specifying steps to be taken in carrying out this provision. Exempts from certain competitive procurement requirements the procurement of property or services for international narcotics control assistance on a case-by-case basis, with the Secretary's approval. Prohibits use of such exemption for procurement including more than 30 percent of funds available each fiscal year for such assistance. Prohibits the use of narcotics control assistance funds to acquire real property for use by foreign military, paramilitary, or law enforcement forces. Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with the sale of defense articles or services if the Secretary determines that the sale is to a democratic government for anti-narcotics purposes. Corrects technical errors in the FAA and in the Anti-Drug Abuse Act of 1986. Title III: Department of State Activities - Makes the Secretary of State responsible for coordinating all Government assistance to support international efforts to combat illicit narcotics production or trafficking. Requires the Secretary to submit annual reports to the appropriate congressional committees. Describes required report contents. Allows reports to be classified to the extent necessary. Amends the State Department Basic Authorities Act of 1956 to authorize appropriations, without fiscal year limitation, for use in paying rewards for information leading to the arrest or conviction of individuals for certain extraterritorial narcotics-related offenses. Directs the Secretary to revoke the passport and other travel documents of any individual convicted of any violation of a Federal or State law involving controlled substances if the offense is a felony (or of the Bank Secrecy Act or the Money Laundering Act if the Secretary determines that the violation is related to illicit production of or trafficking in a controlled substance) and if, in committing the offense, the individual used a passport or other travel document or otherwise crossed an international border. Allows the Secretary to take such action if the offense involved is a misdemeanor. Sets a ten-year (or, in the case of a misdemeanor, a five-year) period of ineligibility for a passport or other travel document from the date of conviction. Makes an exception for an individual's first conviction for a misdemeanor which involves only possession of a controlled substance. Permits exceptions in emergency circumstances or for humanitarian reasons. Empowers the President, by regulation, to prescribe procedures for indicating an individual's drug law violations on passports, other travel documents, and identification papers used during immigration and customs inspections. Authorizes appropriations for FY 1989 through 1991 for expenses of the Department of State in developing and implementing a machine readable visa system. Directs the Secretary to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Requires the Secretary and the Attorney General to jointly develop a model extradition treaty with respect to narcotics-related violations, a model mutual legal assistance treaty, and model comprehensive anti-narcotics legislation. Directs the Secretary to distribute these materials to each U.S. mission abroad and to report to the Congress within six months after enactment of this Act. Expresses the sense of the Congress that Regional Security Officers and other security personnel at U.S. embassies and other civilian posts abroad should be directed to expand their investigative activities with respect to illicit drug use and trafficking by Government personnel and their dependents. Urges the Secretary to permit the assignment of additional DEA agents to U.S. diplomatic missions in foreign countries where illicit narcotics production or trafficking is, or is likely to become, a significant problem. Title IV: Annual Certification Procedures With Respect To Multilateral Development Financing, Trade, and Aviation - Establishes a certification procedure with respect to multilateral development bank (MDB) financing for major illicit drug producing and major drug-transit countries which is separate from the certification procedure applicable to bilateral assistance under the FAA. Directs the Secretary of the Treasury, on March 1 of each year, to instruct the U.S. executive directors of the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, and the Asian Development Bank to vote against any loan or other utilization of funds to or for any major illicit drug producing or major drug-transit country, unless the President has certified to the Congress that: (1) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States or a multilateral agreement to prevent the illegal transportation, production, use, or sale of controlled substances and drug-related government corruption and money laundering in that country; or (2) the vital national interests of the United States require MDB financing for such country. Requires that the President include in any latter certification: (1) a full and complete description of the vital national interests placed at risk should MDB financing not be provided to such country; and (2) a statement weighing such risk against the risks posed to vital national interests by the failure of such country to combat narcotics. Lists factors to be considered by the President in determining whether such former certification shall be made, including whether actions of the country's government have resulted in maximum reductions in illicit drug production determined to be achievable under the FAA. Provides for congressional disapproval by joint resolution of the President's certifications. Directs the Secretary of State: (1) to establish numerical standards and other guidelines for use each year in determining which countries will be considered to be major drug-transit countries; (2) by September 1 each year, to notify the appropriate congressional committees of the standards to be used; and (3) by October 1 each year, to notify the appropriate committees of the countries likely to be determined to be major drug-transit countries and the countries likely to be determined to be major illicit drug producing countries. Makes conforming amendments to remove certification for MDB financing from the FAA. Amends provisions of the Trade Act of 1974 regarding tariff treatment of products of, and other sanctions against, uncooperative major drug producing or drug transit countries to: (1) change the congressional review period within which the Congress may enact a joint resolution of disapproval of the President's certification from 30 days to 45 days; and (2) revise the criteria for cooperation to include satisfying the goals in agreement with the United States or a multilateral agreement to combat narcotics. Makes such amendments applicable with respect to any such certification made by the President on or after March 1, 1989. Provides that a country which in the previous year was designated as a major drug producing or a major drug-transit country may not be determined to be cooperating fully under such Act unless it has in place a bilateral agreement or a multilateral agreement to combat narcotics. Provides for a waiver of otherwise applicable sanctions if the President certifies to the Congress that vital national interests require that sanctions not be applied. Directs the Secretary of State to establish numerical standards and other guidelines for determining which countries shall be considered to be major drug-transit countries under such Act.
United States · United States Congress · 16 June 1988
Amends the Internal Revenue Code to allow a taxpayer a nonrefundable 50 percent income tax credit, to a limit of $250, for costs of television subtitle equipment for use by a hearing-impaired dependent.
United States · United States Congress · 16 June 1988
Amends the Internal Revenue Code to make permanent the income tax deduction allowed for 25 percent of the health insurance costs of self-employed persons.
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 · 15 June 1988
Amends the Federal criminal code to revise provisions prescribing penalties for the operation of a common carrier while under the influence of alcohol or drugs. Imposes existing penalties on anyone who operates, directs, or participates in the operation of a railroad car, locomotive, bus, water craft, or aircraft while under the influence of alcohol or drugs in the transaction of the business of a common carrier. Establishes increased penalties to be imposed whenever such operation, direction, or participation results in death or serious bodily injury.
United States · United States Congress · 15 June 1988
Condemns the use of chemical weapons by Iraq and calls upon Iraq to halt the use of such weapons. Commends the President for his prompt condemnation of Iraq's recent chemical weapons attack on civilians. Urges the President to: (1) seek allied cooperation to tighten controls on the export of chemical compounds to countries seeking to develop a chemical weapons capability; (2) make appropriate diplomatic efforts to prevent Iran from developing or using chemical weapons; and (3) intensify American efforts at the Geneva Conference on Disarmament and in bilateral discussions with the Soviet Union to achieve an arms control agreement banning the production, use, and transfer of chemical weapons.
United States · United States Congress · 14 June 1988
Amends the Public Health Service Act to direct the Secretary of Health and Human Services to issue regulations requiring that: (1) any individual convicted under State law of a crime relating to sexual misconduct, including sexual assault and prostitution, be tested for infection with the etiologic agent for acquired immune deficiency syndrome (AIDS); and (2) the results of the test be disclosed to that individual, the victim of the crime, and any individual determined to have been exposed by the convicted individual to the etiologic agent.
United States · United States Congress · 8 June 1988
EPA Law Enforcement Powers Act of 1988 - Amends the Federal criminal code to authorize law enforcement officers with responsibility for the investigation of criminal violations of a law administered by the Environmental Protection Agency to: (1) carry firearms; (2) execute and serve warrants; and (3) make arrests without a warrant for any offense against the United States committed in such officer's presence or any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing such felony offense.
United States · United States Congress · 8 June 1988
Targeted Relief Disclosure Resolution of 1988 - Amends rule X of the Rules of the House of Representatives to require each report accompanying each bill or joint resolution of a public character reported by the Committee on Ways and Means to identify: (1) each provision which is intended to provide special benefits with respect to five or fewer taxpayers, transactions, events, items of property, projects, or issuances of bonds; (2) each beneficiary of such provision; (3) the Member of Congress who sponsored the inclusion of each such beneficiary; and (4) an estimate by the Joint Committee on Taxation of the loss in revenues resulting from such provision with respect to each such beneficiary for the fiscal year for which such loss in revenues first occurs and each of the five fiscal years thereafter.
United States · United States Congress · 8 June 1988
Extends best wishes to President Jose Napoleon Duarte of El Salvador. Expresses support for the Government and people of El Salvador and hope that President Duarte will accomplish his ambition of turning the presidency over to an elected successor.
United States · United States Congress · 2 June 1988
Urges the Government of Iran to uphold the human rights of all its nationals, including members of the Baha'i faith, and to restore fully the rights guaranteed by the Universal Declaration of Human Rights. Calls upon the President to: (1) monitor and report on developments affecting the Baha'i minority in Iran and in other countries; (2) cooperate with other governments in continuing to make appeals to Iran concerning the situation of the Baha'is; (3) initiate and support efforts in the United Nations and its agencies on behalf of the Baha'is; and (4) provide, and urge others to provide, for refugee and humanitarian assistance for those Baha'is fleeing their homelands to escape religious repression.
United States · United States Congress · 1 June 1988
National Gleaning Clearinghouse Act of 1988 - Establishes in the Extension Service of the Department of Agriculture a National Gleaning Clearinghouse to promote the collection and distribution of gleaned agricultural products and crops to assist persons in need.
United States · United States Congress · 1 June 1988
Commends the President for his efforts on behalf of human rights while at the Moscow summit. Urges the Soviet Government to comply with its commitments to respect internationally recognized human rights. Reaffirms the commitment of the American people and the Congress to continue to press the Soviet Union for compliance with international agreements on human rights.
United States · United States Congress · 19 May 1988
Declares it to be the policy of the United States that employers should give reasonable advance notice to employees affected by major employment reductions. Directs the Secretary of Labor (the Secretary) to encourage: (1) employers to comply with such policy, both directly and by communications with trade associations and other employer organizations; and (2) employer organizations to develop codes of ethics or other mechanisms to publicize and promote such policy among their members. Directs the Secretary to: (1) collect data on the extent to which businesses give or do not give advance notice of major employment reductions, as well as on the circumstances surrounding such reductions; and (2) compile such data and, on request, make it available to the Congress. Authorizes the Secretary to: (1) investigate flagrant instances in which such reductions occur without advance notice; and (2) publicize the facts and circumstances surrounding such instances. Directs the Secretary to make recommendations to deter such occurrences. Requires each government contractor who is required to file a written affirmative action compliance program (pursuant to regulations issued under a specified Executive Order) to specify as an appendix to such program the minimum period of advance notice, and any exceptions thereto, that the contractor will give of major employment reductions. Provides that the substance of such appendix shall not be subject to review or approval by the Secretary or the contracting agency. Provides that nothing in this Act shall be considered to require any advance notice that would interfere with an employer's ability to raise financing necessary to prevent major employment reductions or otherwise impede the continuance of operations.
United States · United States Congress · 19 May 1988
Protests Soviet human rights violations, especially its restrictive emigration regulations. Calls upon: (1) the Soviet Union to release all prisoners of conscience; and (2) the President to stress at the upcoming summit meeting in Moscow the inherent link between respect for human rights and the achievement of lasting peace.
United States · United States Congress · 19 May 1988
Condemns the disruption of food production and relief efforts by parties involved in armed conflicts in Ethiopia, Sudan, Mozambique, and Angola. Urges the President and the Secretary of State to: (1) support proposals made by international relief organizations to negotiate agreements to ensure safe transportation and distribution of emergency food assistance; (2) pursue negotiations leading to the cessation of hostilities in such countries, including efforts to include countries providing military assistance to parties involved in the conflicts in the negotiations; and (3) seek the involvement of other countries of Africa and the United Nations as mediators to facilitate peace negotiations. Urges that: (1) all U.S. humanitarian assistance be made available to noncombatants on the basis of need and without regard to political considerations or affiliation; and (2) all countries providing military assistance shift their emphasis from military assistance to diplomatic efforts.
United States · United States Congress · 12 May 1988
Declares that the Congress recognizes the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan between December 8 and December 23, 1941.
United States · United States Congress · 11 May 1988
Congressional and Judicial Equal Employment Opportunity Act of 1988 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative and judicial branches of the Government be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Establishes within the judicial branch an Employment Review Board. Provides that members of the board be appointed from the retired judges of the Supreme Court and Courts of Appeals. Authorizes an aggrieved individual to file a written complaint with the Board. Establishes procedures for the Board to investigate, settle, hear, and determine the claims alleged. Provides that if a violation is found an order for relief may compel the defendant to: (1) employ or reinstate such individual on such terms and conditions as may be appropriate, except that the Board may not compel any committee or Member of Congress to employ or reinstate, or modify the terms and conditions of employment of, any individual; (2) pay compensatory damages; and (3) pay fees and allowances of witnesses and reasonable attorneys' fees. Authorizes the U.S. Court of Appeals for the District of Columbia Circuit to review, enjoin, set aside, suspend, modify, or enforce orders of the Board. Requires members of the Board to submit written reports to the Committee on Standards of Official Conduct of the House of Representatives and the Senate Select Committee on Ethics describing complaints during the reporting period involved.
United States · United States Congress · 11 May 1988
Expresses U.S. policy that Nicaragua should undertake specified reforms, such as reinstating due process and fair trials, ending torture, conducting free elections, allowing an uncensored free press, ensuring the right to strike and to publish for unions, allowing the Catholic Church to reopen its offices, and ending the forced relocation of Indians and Creoles. Urges all countries in Central America to continue to work toward achieving the democratic principles and processes specified in the August 7, 1987, Central American peace accord.
United States · United States Congress · 10 May 1988
Amends the Merchant Marine Act, 1936 to include in the term "privately owned United States-flag vessels," as used in provisions relating to cargo preference, any U.S. flag vessel designated by the Secretary of Transportation as a great Lakes Exempt Vessel (GLEV) regardless of the number of years the vessel has been documented under U.S. laws. Authorizes the Secretary to designate each of six vessels as a GLEV to enable vessels documented less than three years to engage temporarily in trade within the Great Lakes. Prohibits any vessel engaged primarily in bulk trade from being designated as a GLEV. Prohibits any vessel from retaining its GLEV designation if it has repair, reconditioning, or maintenance work done other than in a U.S. shipyard, subject to waiver by the Secretary to enable a vessel to safely sail from a foreign port. Prohibits any GLEV from serving any other U.S. seaport than the Great Lakes, subject to exception. Prohibits the Secretary from designating a vessel as a GLEV unless it has been approved by the Secretary of Defense as suitable for national defense purposes. Terminates any GLEV designation on December 31, 1990.
United States · United States Congress · 3 May 1988
Expresses the sense of the Congress that certain officers and the crew of the U.S.S. Bonefish should be recognized and commended for their efforts to save their fellow shipmates when an explosion and fire threatened their submarine.
United States · United States Congress · 29 April 1988
Directs the U.S. Fish and Wildlife Service (the Service) to: (1) research and develop methods to accurately determine the number of migratory waterfowl that are harvested illegally each year in the United States; (2) develop a plan to increase its law enforcement presence and better coodinate its efforts with those of appropriate State agencies to halt such illegal harvesting; and (3) recommend whether specified wildlife conservation funds should be withheld from States that are not complying with the Service's regulations on illegal harvesting. Requires the Director of the Service to report on such findings to specified congressional committees within 90 days of enactment of this Act.
United States · United States Congress · 28 April 1988
Defense Savings Act - Directs the Secretary of Defense to: (1) close or realign military installations as recommended by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission; and (2) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines certain conditions to such closures or realignments, including timely notice to the Congress of the Secretary's decision to accept and implement all of the closures and realignments recommended by the Commission. Terminates the authority of the Secretary to carry out any closure or realignment as of October 1, 1995. Directs the Commission, no later than December 31, 1988, to transmit its report to the Secretary and to the appropriate congressional committees with a certification that it has identified all the military installations to be closed or realigned by reviewing all military installations inside the United States. Authorizes the Secretary to: (1) carry out appropriate action to implement any such closure or realignment; (2) provide appropriate economic adjustment and community planning assistance to communities affected by any such closure or realignment; (3) carry out appropriate activities for the purpose of environmental restoration; (4) sell or exchange any real property under the control of the Department of Defense and located at such an installation; and (5) deposit funds received from any such sale or exchange into the Department of Defense Base Closure Account. Outlines administrative procedures in connection with the sale or transfer of property in connection with a closure or realignment to a Federal, State, or local government entity. Requires the Secretary to include specified information concerning such closures or realignments as part of each annual request to the Congress for authorization of appropriations. Requires the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission and to report the findings and conclusions to the Commission and to the appropriate committees of the Congress no later than September 15, 1988. Requires the Secretary to notify the Congress in writing when a decision is made to carry out a construction project to facilitate a closure or realignment and the amount required for such project is greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account and authorizes appropriations to be transferred to such Account. Requires the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, to report to the appropriate congressional committees on the amount and nature of deposits into, and expenditures from, the Account during such fiscal year. Requires another report from the Secretary, no later than 60 days after the termination of the authority of the Secretary to carry out an alignment or closure under this Act, concerning funds used and remaining in such Account.
United States · United States Congress · 28 April 1988
Protests Soviet human rights violations, especially the restrictive emigration regulations. Calls upon the President to use the upcoming summit meeting in Moscow to stress the inherent link between respect for human rights and the achievement of lasting peace.
United States · United States Congress · 26 April 1988
Recycling Act of 1988 - Establishes the Center for Plastics Recycling Research of Rutgers - The State University of New Jersey, in Piscataway, New Jersey, as the national center (Center) for plastics recycling. Requires that such Center: (1) establish and operate a clearinghouse of information relating to plastics; and (2) make grants to four other colleges and universities covering 50 percent of the funds required by each such college or university to assist the Center in conducting specified plastic recycling research activities, with the remaining funds being provided by the State in which such college or university is located. Authorizes appropriations for such activities for each of the first three fiscal years beginning after this Act's enactment. Directs the Secretary of Education to conduct a three-year public outreach program providing information to secondary school students, State and local governments, and the general public regarding: (1) the harmful environmental effects of the improper disposal of plastic and non-plastic wastes; (2) the importance of proper municipal waste disposal; (3) the benefits of recycling; and (4) methods to encourage voluntary recycling activities. Directs the Secretary of Commerce to establish and operate the National Clearinghouse on Recycling to gather, catalog, and disseminate information on recycling-related issues and activities, including: (1) current and prospective recycling technologies; (2) the development and marketing of recycled waste products; and (3) intergovernmental arrangements for the public and private management of recycling activities. Requires the Environmental Protection Agency (EPA) to study and report to the Congress within one year of this Act's enactment on the adverse effects of the improper disposal of paper, glass, aluminum, and other nonplastic articles on the environment and on waste disposal, and the various methods to reduce or eliminate such effects. Requires that the results of such study be integrated with the results of a plastic pollution reduction study required under the Marine Plastic Pollution Research and Control Act of 1987. Directs the EPA to make grants to State and local governments covering 50 percent of the costs of conducting demonstration projects related to recycling. Requires that at least one such grant each year be awarded to a State whose laws mandate the collection, for purposes of recycling, of two or more types of household or commercial wastes. Authorizes appropriations for such grants for three years.
United States · United States Congress · 26 April 1988
Solar Development Initiative Act of 1988 - Authorizes appropriations for FY 1989 through 1991 for specified Federal solar energy research and development programs. Directs the Secretary of Energy to develop a complementary solar and renewable energy research program which: (1) has near-term commercial applications; and (2) enhances the international competitiveness of the solar and renewable energy industries. Authorizes appropriations for such program for FY 1989 through 1991. Directs the Secretary of Energy to establish an information-dissemination program for Federal procurement and loan officers regarding the application of solar heating and cooling technology in Federal buildings. Mandates that the renewable energy technologies programs established by the Secretary of Commerce be funded in FY 1989 through 1991 through the Department of Energy at a specified maximum level. Amends the Caribbean Basin Economic Recovery Act to direct the President to take into account, when determining whether to designate a beneficiary country, the degree to which it undertakes self-help measures to promote energy self-sufficiency using locally available renewable energy resources. Mandates that the design for new Federal facilities for specified agencies include consideration of energy systems using solar energy or other renewable energy forms. Amends the Export-Import Bank Act of 1945 to mandate that a specified minimum percentage of loan authority be available only for solar and renewable energy loans. Amends the Foreign Assistance Act of 1961 to authorize the Overseas Private Investment Corporation to include among its special projects incentives, grants and studies for renewable energy and other small business activities. Prohibits the use of administrative funds for such projects. Amends the Small Business Act to: (1) repeal provisions regarding loans to small business concerns for solar energy and energy conservation measures; (2) mandate that a certain percentage of loan authority be used only for small business energy measures; and (3) direct the Administrator of the Small Business Administration to give due consideration to the export potential of solar and renewable energy products, and to include a list of solar and renewable energy loan guarantees in an annual report to the Congress.
United States · United States Congress · 26 April 1988
Recycling Information Clearinghouse Act of 1988 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency to establish a clearinghouse for information about the recycling of municipal solid waste, to be administered by the Office of Solid Waste. Requires that the information collected and disseminated to the public by such clearinghouse include: (1) an annual estimate of the volume and rate of recycling of materials from the municipal solid waste stream; (2) an annual estimate of the balance of trade in recycled materials and products; (3) economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream; (4) a catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream; (5) a list of all purchases of recycled materials or products by the Federal Government, organized by agency and the type of recycled materials or products purchased; (6) a register announcing all solicitations by Federal agencies for the purchase of recycled materials or products; and (7) information about state-of-the-art recycling methods, programs, or technologies. Requires that a toll-free telephone hotline be established and made available to those seeking information from the clearinghouse. Provides that, to the extent feasible, such information should be computerized to facilitate its analysis and retrieval. Authorizes appropriations for such clearinghouse.
United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 19 April 1988
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 21, 1988, as National Military Families Recognition Day.
![Official portrait of Rep. Meyers, Jan [R-KS-3]](https://www.congress.gov/img/member/m000684_200.jpg)