United States · United States Congress · 26 April 1988
Equitable Population Adjustment Act of 1988 - Requires the use of the most recent annual population data when determining the amount of benefit under Federal programs for a State, county, or local unit of government.
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 · 21 April 1988
Martin Luther King, Jr., Federal Holiday Commission Extension Act - Makes permanent the Martin Luther King, Jr. Federal Holiday Commission. (Current law terminates the Commission on April 20, 1989.) Makes the term of Commission members one year, except for Coretta Scott King (life term) and members of the family surviving Martin Luther King, Jr. (at the discretion of the family). Replaces provisions requiring all expenditures of the Commission to be from donated funds with provisions authorizing appropriations for each fiscal year. Makes payment of expenses for Commission members and staff salary subject to the availability of funds.
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.
United States · United States Congress · 13 April 1988
Lower Mississippi Delta Development Act - Establishes the Lower Mississippi Delta Development Commission to study and make recommendations concerning the economic needs and economic development of the Lower Mississippi Delta, defined to include areas in Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee. Directs the Commission, among other things, to: (1) study the projected ten-year economic needs of the region; (2) review existing Federal, State, local, and private programs for business development and financing; (3) develop inventories of the region's business resources and natural resources; (4) study the role of small business in creating jobs in the region; and (5) make recommendations to the Congress regarding tax policies, business development programs, investment incentives, infrastructure development, and a number of other economic development issues. Requires the Commission, no later than one year after its first meeting, to present its required findings and recommendations to specified congressional leadership and committees, the President, and the Governors of the affected States. Requires termination of the Commission within one year after submission of its report. Authorizes appropriations.
United States · United States Congress · 12 April 1988
Civil Service Annuity Prompt Payment Act - Requires civil service retirement annuity payments and survivor annuity payments to begin 90 days after the later of: (1) the annuity's commencement date; or (2) the date on which the Office of Personnel Management receives a completed application. Requires the payment of interest on the initial underpayment of annuity if no monthly payment is made within the 90-day period, or if one or more monthly annuity payments are made within such period but the amount of payment is deficient.
United States · United States Congress · 31 March 1988
Omnibus McKinney Homeless Assistance Act of 1988 - Title I: General Provisions - Amends the Stewart B. McKinney Homeless Assistance Act (the Act) to require the Comptroller General to make annual audits of Federal emergency management food and shelter and housing assistance programs. Title II: Interagency Council on the Homeless - Amends the Act to authorize appropriations through FY 1990 for the Interagency Council on the Homeless. Extends such Council through FY 1990. Title III: Federal Emergency Management Food and Shelter Program - Amends the Act to authorize appropriations through FY 1990 for the Federal emergency management food and shelter program. Title IV: Housing Assistance - Amends the Act to authorize appropriations through FY 1990 for the emergency shelter grants program. Requires the Secretary of Housing and Urban Development to report annually to the Congress regarding the supportive housing demonstration program. Authorizes program appropriations through FY 1990. Authorizes appropriations through FY 1990 for supplemental assistance for facilities to assist the homeless. Increases budget authority for section 8 assistance (low-income housing) for single room occupancy dwellings. Makes religious organizations or organizations with religious affiliations meeting specified conditions eligible to receive housing assistance under this title and community development block grants under the Housing and Community Development Act of 1974. Title V: Identification and Use of Surplus Federal Property - Amends the Act to require the Secretary to identify Federal properties to use to aid the homeless within two months of collecting such information. Title VI: Health Care for the Homeless - Subtitle A: Categorical Grants for Primary Health Services and Substance Abuse Services - Amends the Public Health Service Act to limit Federal matching funds after the first fiscal year to 66-2/3 percent of service costs with regard to grants for health assistance for the homeless. (Current law provides for 75 percent Federal funding.) Authorizes the continued provision for up to 12 months of certain health (including mental health) services to former homeless persons currently living in permanent housing. Includes persons living in transitional housing within the definition of "homeless individual" for purposes of such grants. Authorizes appropriations for such grants through FY 1991. Subtitle B: Block Grant for Community Mental Health Services - Amends the Public Health Service Act to authorize appropriations through FY 1991 for community mental health services block grants. Subtitle C: Authorization of Appropriations for Community Demonstration Projects - Amends the Act to authorize additional appropriations through FY 1991 for mental health services for homeless persons with chronic mental illness. Amends the Public Health Service Act to authorize appropriations through FY 1991 for alcohol and drug abuse treatment for homeless persons. Subtitle D: General Provisions - Sets forth effective dates for specified provisions of this title. Title VII: Education, Training, and Community Services Programs - Amends the Act to authorize appropriations through FY 1990 for the following programs for the homeless: (1) adult education; (2) education for children and youth; (3) exemplary education programs and related information dissemination; (4) job training, including a specified obligation for veterans' reintegration projects; and (5) the emergency community services homeless grant program. Title VIII: Food Assistance for the Homeless - Amends the Temporary Emergency Food Assistance Act of 1983 to make excess Commodity Credit Corporation (CCC) flour, cheese, and cornmeal available through 1990. Authorizes appropriations through FY 1990 for the temporary emergency food assistance program (TEFAP) including storage and distribution costs. Increases amounts obligated for emergency feeding organizations. Extends the termination date for such programs from September 30, 1988, to September 30, 1990. Title IX: Veterans Programs - Authorizes additional appropriations through FY 1990 for veterans' medical care, including specified amounts for domiciliary care and for chronically mentally ill homeless veterans. Authorizes additional appropriations through FY 1990 (to remain available through FY 1991) for veterans' job training. Title X: Aid to Families With Dependent Children and Related Programs - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to reduce Federal matching aid to families with dependent children (AFDC) in a jurisdiction where substantial progress is not being made toward reducing the number of AFDC families living in commercial or similar transient accommodations. Authorizes the Secretary to approve demonstration projects through FY 1990 under which States encourage landlords to make permanent shelter available to families receiving AFDC housing assistance by paying rent for such shelter for the first year at the rate paid for comparable commercial or similar transient accommodations and for the remainder of the lease at the applicable AFDC housing allowance.
United States · United States Congress · 29 March 1988
Provides that restrictions may be applied to information, counseling, or services provided by family planning entities abroad that receive U.S. assistance under the Foreign Assistance Act of 1961 only to the extent that the same restrictions apply to domestic family planning entities receiving funds under the Public Health Service Act.
United States · United States Congress · 29 March 1988
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that primary emphasis of development activities to restore the renewable natural resource base shall be on small-scale, affordable, low-risk local projects featuring close consultation with, and involvement of, local people at all stages of project design and implementation. Requires the President to submit the plan to the Congress by July 1, 1989. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1989, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1989, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
United States · United States Congress · 24 March 1988
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 23 March 1988
Omnibus Antidrug Abuse Act of 1988 - Title I: Drug Enforcement and Personnel Enhancement - Subtitle A: Asset Forfeiture Fund Amendments Act of 1988 - Department of Justice and Department of Treasury Assets Forfeiture Fund Amendments Act of 1988 - States that expenditures out of the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund shall not be scored as outlays which either increase or decrease the Federal budget deficit. Amends the Tariff Act of 1930 to provide that the Customs Forfeiture Fund shall be available to the U.S. Customs Service permanently. Authorizes the transfer of funds from the Department of Justice Assets Forfeiture Fund to the Building and Facilities account of the Federal prison system for the construction of correctional institutions, and to the Support of United States Prisoners in non-Federal Institutions account of the Department of Justice. Allows the Attorney General, with respect to the DOJ Assets Forfeiture Fund, and the Commissioner of Customs, with respect to the Customs Forfeiture Fund, to exempt the procurement of supplies and services under such funds if necessary to maintain the security and confidentiality of related criminal or civil investigations. Amends the Controlled Substances Act to require the Attorney General to ensure the equitable transfer of forfeited property to the appropriate State and local law enforcement agency or prosecutor's office. Subtitle B: State and Local Narcotics Control Assistance Act of 1988 - Part A: Establishment of the Bureau of Justice Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to: (1) develop an annual State and Local Strategic Drug Control Plan; and (2) publish and disseminate information on the condition and progress of drug control activities. Requires the Bureau to: (1) coordinate Federal, State, and local government efforts toward a national drug control strategy; (2) serve as the coordinating Federal agency with respect to the submission of State and local applications for grant-in-aid programs under the Antidrug Abuse Act of 1986; and (3) maintain a liaison with Federal agencies having drug control authority. Part B: Drug Control Formula Grant Program - Authorizes the Bureau to make grants to States having approved statewide drug control strategies for: (1) Zero Tolerance Enforcement Programs that effect heightened public awareness of and support for local drug control enforcement projects; (2) Multi-Jurisdictional Task Force Programs; (3) Drug Control Law Enforcement Training Programs; (4) Multi-Jurisdictional Intelligence and Data Sharing Programs; (5) Judicial Drug Control Training Programs; (6) Prison Treatment Programs; (7) Drug Treatment for Youthful Offenders Programs; and (8) Statewide and National Intelligence Systems Programs. Requires the executive officer of each participating State to designate a State drug control office to: (1) prepare applications to obtain funds under this Program; and (2) administer such funds. Requires the chief executive officer of each participating State to maintain a State Drug Control Board to: (1) analyze the drug control problems within the State; (2) prepare a statewide drug control strategy; (3) receive, review, and approve (or disapprove) applications from State agencies and units of local governments; (4) prepare annual reports containing assessments of the State drug control program; and (5) assure fund accountability, auditing, and evaluation of programs and projects funded under the Program. Permits the establishment of local drug control offices to prepare and coordinate drug control strategies and implement the provisions of this Act at the local level. States that each jurisdiction which is eligible to have a local drug control office shall establish local drug control boards to: (1) analyze the drug control problem within that jurisdiction; (2) prepare a jurisdiction-wide drug control strategy; (3) receive, review, and approve (or disapprove) applications from units of local government; and (4) prepare annual reports containing assessments of the drug control program. Directs the Bureau to establish a National Drug Control Assistance Coordination Board to provide for the representation of drug control agencies at the Federal, State, and local levels for the purpose of articulating national drug control priorities, programs, and resource needs. Sets forth: (1) State application procedures under the Program; (2) certain limitations on the use of Program funds for administrative expenses; and (3) procedures for the allocation and distribution of Program funds. Part C: Drug Control Discretionary Grant Program - Authorizes the Bureau to develop programs and make grants to public agencies and private nonprofit organizations for technical assistance, training, and national scope and demonstration projects in support of any of the purposes specified in part B of this subsection (Drug Control Formula Grant Program), and any purpose specified in the strategic drug control plan developed by the Bureau. Sets forth application requirements with respect to such program and procedures for the allocation and distribution of program funds. Provides that grants under this program shall be for a period not to exceed three years (may be extended for up to two years under certain circumstances). Part D: Targeted State and Local Strategic Drug Control Plan - Requires the Bureau to complete an annual National Strategic Drug Control Plan which targets the most critical drug control problems that are most effectively resolved at the State and local levels. Part E: Miscellaneous Amendments to Justice Assistance Act of 1984 - Allows Criminal Justice Facility Construction grants to cover 80 percent of the estimated costs of approved construction. (Current law allows such grants to cover 20 percent of such costs.) Part F: Administrative Provisions - Authorizes the Bureau to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subtitle. Directs the Bureau to prepare a "Program Brief" and an "Implementation Guide" for each of the programs and projects contained in the formula grant programs. States that the functions, powers, and duties specified in this subsection to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically authorized by the Congress. Allows the Bureau to arrange with and reimburse other Federal departments and agencies for the performance of functions under this subtitle only if the funds are to benefit the units of State and local government. Sets forth program and project evaluation and reporting requirements. Part G: Funding - Authorizes appropriations for FY 1989 through 1991 to carry out the grant programs authorized under this subtitle. Authorizes appropriations for FY 1989 for salaries and expenses of the Bureau. Authorizes appropriations for FY 1989 through 1991 for grants to State and local governments for the construction of correctional facilities. Part H: Relationship with the Justice Assistance Act of 1984 - Directs the Bureau to administer any funds available to it under the Omnibus Crime Control and Safe Streets Act of 1968 in such a manner as to compensate for the increase in cases resulting from apprehensions and accelerated prosecutions of persons accused of drug trafficking, possession, and related offenses. Encourages State and local jurisdictions to participate in funding under this Act. Subtitle C: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act to establish 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) 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 precursor 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 D: Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the basic level of public safety officer death benefits. Removes the requirement that parent beneficiaries be dependents of the deceased officer. Establishes the National Advisory Commission on Law Enforcement to study the methods and rates of compensation of law enforcement officers. Requires the Commission to report the results of such study to the President and the Congress within six months of enactment of this Act. Subtitle E: Deportation of Convicted Foreign Drug Inmates - Violent Criminal Alien Deportation Act - Allows the Attorney General to order the deportation of any alien convicted of an aggravated violent felony. Allows the District Director of the Immigration and Naturalization Service for the district in which the alien was sentenced and convicted to issue the order of deportation on behalf of the Attorney General. Sets forth procedures for the appeal of such a deportation order. Subtitle F: Customs Enforcement Amendments Act of 1988 - Customs Enforcement Amendments Act of 1988 - Requires the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements prescribed by the Secretary of Commerce. Establishes civil penalties for violations of such requirements. Increases the penalties for failing to declare controlled substances brought into the United States. States that a declaration of forfeiture by a customs officer shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a U.S. District Court. Provides that title in such forfeited property shall be deemed to vest in the United States free of any liens or encumbrances (with certain exceptions). Allows the Secretary of the Treasury to retain forfeited property for official use. Allows the Secretary to transfer forfeited property to any Federal agency, to any State or local law enforcement agency, or to any foreign government that cooperates with the U.S. Customs Service in joint enforcement operations. States that any person who is convicted of a criminal offense under any law administered or enforced by the Customs Service involving the Bank Secrecy Act, Money Laundering Act, or the Controlled Substances Act shall be fined the reasonable costs of the investigation and prosecution. Authorizes the Secretary of State to make regulations prescribing procedures for marking the passports of those convicted of controlled substances offenses. Provides for the revocation of the passports of those convicted of a controlled substances violation, or any criminal violation of the Bank Secrecy Act or the Money Laundering Act. Establishes procedures for the reissuance of such passports. Grants the Secretary of the Treasury certain powers (including the power to subpoena witnesses and compel their testimony) which are necessary to the enforcement of laws relating to the importation or exportation of prohibited merchandise. Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to include in the definition of "racketeering activity" acts relating to: (1) the illegal exportation of munitions; (2) the illegal exportation of merchandise; (3) criminal violations of the Trading With the Enemy Act; or (4) criminal sanctions under the International Emergency Economic Powers Act. Amends the Federal Aviation Act of 1958 to provide civil penalties for failing to report the transfer of ownership of an aircraft to the Secretary as required under such Act. Subjects such aircraft to seizure and forfeiture. Subtitle G: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes additional appropriations for FY 1989 for the: (1) Coast Guard for drug enforcement personnel; (2) U.S. Customs Service for drug enforcement personnel; (3) Immigration and Naturalization Service Border Patrol for drug interdiction personnel; (4) Immigration and Naturalization Service for criminal investigator personnel, and for the Organized Crime Drug Enforcement Task Force in New York City; (5) Bureau of Alcohol, Tobacco, and Firearms; (6) Drug Enforcement Administration; (7) Federal Bureau of Investigation (FBI) for drug enforcement personnel; (8) U.S. Marshals Service; and (9) Federal Prison System. Subtitle H: Miscellaneous Law Enforcement Provisions - Authorizes rewards to be paid for assisting in, or furnishing information which leads to, the capture of an escaped Federal prisoner or a person who has violated parole or probation or defaulted on bail bond. Makes it unlawful for any person to carry a dangerous weapon into a Federal courthouse. Authorizes the Attorney General to make payments for the support of U.S. prisoners in non-Federal institutions. Title II: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: International Drug Eradication Improvement Program - Establishes within the Department of State, under the Office of International Narcotics Matters, an International Special Operations Drug Eradication Squadron to: (1) provide special assistance to drug source countries who request drug eradication assistance; and (2) participate in joint international drug eradication operations in drug source countries. Authorizes appropriations for FY 1989 for the International Narcotics Matters program at the Department of State for the procurement and maintenance of aircraft and for Squadron personnel. Directs the Secretary of State to establish guidelines and procedures to govern the deployment of the Squadron. Subtitle B: International Narcotics Matters Improvement and Special Assistance Programs - Establishes under the Agency for International Development (AID) a special economic assistance incentive grant program to provide assistance to drug source countries that meet specific eradication goals during FY 1989, 1990, and 1991. Sets forth grant eligibility requirements. Authorizes appropriations for FY 1989 through 1991 for AID. Requires the Comptroller General of the United States to monitor such program. Requires the Attorney General, the Director of AID, and representatives of the House and Senate to meet at the start of FY 1991 to consider whether such program should be continued beyond FY 1991. Subtitle C: Amendments to Foreign Assistance Act of 1961, as Amended - Amends the Foreign Assistance Act of 1961 to list additional factors to be considered by the President when determining whether to certify that a foreign country is cooperating with the United States in its international narcotics control efforts. Subtitle D: International Narcotics Matters Authorization of Appropriations - Authorizes appropriations for FY 1989 and 1990 for the economic assistance incentive grant program. Earmarks specified amounts of FY 1989 and 1990 appropriations for: (1) developing safe and effective herbicides for use in the aerial eradication of coca; (2) the procurement of weapons to defend aircraft involved in narcotics control efforts; and (3) pilot and aircraft maintenance training for narcotics control activity. Provides that funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking may be reallocated to countries which take such steps. Lists additional requirements (regarding coca production, possession, and distribution) which must be met by Bolivia before receiving FY 1989 assistance. Limits FY 1989 and 1990 international narcotics control assistance for Mexico. Withholds $1,000,000 of such assistance until Mexico has fully investigated (and prosecuted those responsible for) the murder, detention, and torture of certain Drug Enforcement Administration (DEA) agents. Directs the Assistant Secretary of State for International Narcotics Matters to provide more narcotics control assistance to those drug-transit countries which are not "major drug-transit countries" and which are cooperating with the United States in its international narcotics control efforts. Authorizes additional funding for activities aimed at increasing awareness of the efforts of production and trafficking of illicit narcotics in source and transit countries. Directs the Secretary of State and the Attorney General to develop a model extradition treaty with respect to narcotics-related violations, a model legal assistance treaty, and model comprehensive anti-narcotics legislation. Subjects any transfer by the United States of property seized or forfeited in connection with narcotics-related activities to a foreign country for narcotics control purposes to the regular reprogramming procedures applicable under the Foreign Assistance Act of 1961. Requires that the annual narcotics control reports include: (1) a description of the assistance provided by the DEA and the Customs Service to each country; (2) a description of the assistance provided by each country to the DEA and Customs Service; (3) an expression, in numerical terms, of achievable reductions in illicit drug production; and (4) a description of U.S. assistance denied to each major illicit drug producing and drug-transit country. Subtitle E: Latin American Antidrug Strike Force - Expresses the sense of the Congress that: (1) the operations of international illegal drug smuggling organizations pose a threat to the national security of the member states of the Organization of American States (OAS); (2) illegal international drug smuggling organizations threaten to overwhelm small nations; (3) members of OAS should coordinate their efforts to fight the illegal drug trade; (4) the formation of a multinational strike force to conduct operations against illegal drug smuggling organizations is necessary; (5) the United States should initiate diplomatic discussions to achieve an agreement to establish and operate the Latin American Antidrug Strike Force; and (6) the United States stands ready to provide equipment, training, and financial resources to support the Strike Force, but believes that Strike Force personnel should be provided by those states facing the most serious threat. Establishes the position of Ambassador at Large and Coordinator for Western Hemisphere Antidrug Efforts to: (1) coordinate the efforts of all U.S. bureaus and agencies involved in antidrug efforts; (2) report to the Secretary and to the Chairman of the National Drug Policy Board on the effectiveness of the operations and level of cooperation of such bureaus and agencies; (3) be a member of all interagency groups with authority or oversight over U.S. international drug policy or operations; (4) undertake diplomatic discussions with OAS members regarding the formation of a multinational strike force intended to conduct operations against international illegal drug trafficking organizations in the Western Hemisphere; and (5) seek to secure participation in the strike force by those Western Hemisphere states most threatened by international illegal drug trafficking organizations. Directs the Secretary to report to specified congressional committees on the progress made toward establishing the multinational strike force. Requires the Secretary of Defense to develop a plan for the establishment, training, equipping, and operation of the multinational strike force. Title III: Drug Interdiction Asset Improvement and Enhancement - National Drug Interdiction Asset Improvement and Enhancement Act of 1988 - Subtitle A: Coast Guard - Authorizes appropriations for FY 1989 for the Coast Guard for the procurement of marine and air drug interdiction assets. Subtitle B: United States Customs Service - Authorizes appropriations for FY 1989 for the U.S. Customs Service for the procurement, operation, and maintenance of certain drug interdiction assets. Subtitle C: Department of Defense Drug Interdiction Assistance - Department of Defense Drug Interdiction Assistance Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Defense for the enhancement of drug interdiction assistance activities. Subtitle D: Drug Enforcement Administration - Authorizes appropriations for FY 1989 for the DEA for the establishment of an International Drug Interdiction helicopter force and for the enhancement of the El Paso Intelligence Center. Subtitle E: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the Department of Justice for the procurement of drug interdiction-related equipment for Border Patrol drug enforcement personnel. Subtitle F: Establishment of Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force - Establishes an Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force to: (1) conduct a joint drug interdiction operation between ports of entry along the southwest border of the United States, from Texas to California; (2) assist and augment other law enforcement agencies along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers; and (3) assist State and local law enforcement officials along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers. Authorizes appropriations for FY 1989 for the Department of Justice for such task force. Subtitle G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subtitle H: Special Drug Interdiction Support - Authorizes appropriations for FY 1989 for Puerto Rico, Jamaica, the Dominican Republic, and Hawaii for special drug interdiction support. Requires the recipients of special drug interdiction assistance to submit periodic reports to the Congress regarding the status of the procurement of resources and related operation and maintenance expenditures authorized under this subtitle. Title IV: Demand Reduction - Subtitle A: Treatment and Rehabilitation - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to establish drug abuse demonstration projects for the treatment and rehabilitation of drug dependent offenders who could otherwise be subject to incarceration. Authorizes appropriations for FY 1989 through 1991 to carry out such projects. Subtitle B: Alcohol and Drug Abuse Treatment and Rehabilitation - Alcohol and Drug Abuse Treatment and Rehabilitation Improvement Act of 1988 - Authorizes appropriations for FY 1989 through 1991 for the basic Alcohol, Drug Abuse and Mental Health Block Grant Program. Requires that at least 49 per cent of such appropriations be made available for alcohol and drug abuse programs. Authorizes appropriations for FY 1989 through 1991 for substance abuse emergency drug treatment programs to be targeted to those States and communities where the substance abuse problem is most acute. Requires that all States eligible to receive basic and emergency Alcohol, Drug Abuse, Mental Health Block Grants develop Statewide substance abuse treatment facilities plans. Allows such States to expend up to 1.5 percent of their grants to develop and prepare such plans, and up to 40 per cent of such grants to acquire, construct, or renovate such facilities. Subtitle C: Amendments to the Drug-Free Schools and Communities Act - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Makes technical amendments to such Act with respect to eligibility, application, and reporting requirements. Title V: National Drug Enforcement Agency Reorganization and Coordination - Subtitle A: Establishment of Office of Enforcement and Border Affairs in Department of Treasury - National Border Coordination and Reorganization Act of 1988 - Part A: Establishment and Officers - Establishes within the Department of the Treasury the Office of Enforcement and Border Affairs which shall consist of: (1) the Office of the Assistant Secretary of the Treasury for Enforcement; and (2) the Coast Guard. Provides that the Office of Enforcement and Border Affairs shall be headed by the Under Secretary of the Treasury for Enforcement and Border Affairs. Establishes within the Office of Enforcement and Border Affairs: (1) the Office of Border Management Affairs, which shall be headed by the Assistant Secretary of the Treasury for Border Management Affairs; and (2) the Office of Narcotics Interdiction, which shall be headed by the Assistant Secretary of the Treasury for Narcotics Interdiction. Part B: Transfer of the Coast Guard to Office of Enforcement and Border Affairs - Transfers the Coast Guard from the Department of Transportation to the Office of Enforcement and Border Affairs of the Department of the Treasury. Subtitle B: Department of Defense Drug Interdiction Reorganization - Establishes within the Office of the Assistant Secretary of Defense for International Security Affairs the position of Deputy Assistant Secretary of Defense for International Drug Interdiction and Enforcement to supervise Department of Defense drug interdiction and enforcement activities. Title VI: Research and Development for Law Enforcement Agencies - Subtitle A: Establishment of New Research and Development Programs to Assist Federal Law Enforcement Agencies - Directs the Attorney General to establish a Research and Technology Group under the National Drug Policy Board to review the research, development, technology, and evaluation programs of the Department of Defense and development programs of other nondefense Federal agencies to assist their applicability to the operations, programs, and missions of the Federal law enforcement agencies. Directs the Attorney General to establish a Research, Technology and Acquisition Advisory Board to make recommendations to the National Drug Policy Board through the Research and Technology Group. Requires the President to designate and establish within existing facilities of the Department of Defense, the Department of Justice, the Department of Energy, the National Security Agency, and the Central Intelligence Agency, at least eight new National Technology Centers to develop technologies for application to Federal law enforcement missions. Redesignates certain existing Government facilities as National Technology Development Centers. Requires the Comptroller General of the United States to monitor the establishment of such centers. Subtitle B: Cargo Container Drug Detection Research and Development - Authorizes appropriations for FY 1989 for the U.S. Customs Service for accelerating the development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection of illegal narcotics in cargo containers entering the United States. Title VII: Drug Enforcement Training Improvement - Subtitle A: The Federal Law Enforcement Training Center Improvement Act of 1988 - Federal Law Enforcement Training Center Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center to increase the level of drug enforcement training. Authorizes appropriations for FY 1990 and 1991 for the Federal Law Enforcement Training Center. States that support for the State and local law enforcement training program and the training programs for drug enforcement officers from foreign countries shall be maintained at no less that the FY 1989 level during such years. Directs the Secretary of the Treasury to expand the advanced training programs for Federal law enforcement agencies at the Marana, Arizona, satellite facility of the Federal Law Enforcement Training Center. Requires the Secretary to submit reports to the appropriate congressional committees on such expansion. Subtitle B: Department of Justice Training Facilities Improvement Act of 1988 - Department of Justice Training Facilities Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Justice for existing law enforcement training facilities. Authorizes appropriations for FY 1989 for the expansion of such facilities and for new Department training facilities. Directs the Attorney General to report to the appropriate congressional committees on plans for improving such facilities. Subtitle C: Federal Law Enforcement Language Training Improvement Act of 1988 - Authorizes the Department of Defense to provide foreign language training at the Defense Language Institute to special agents of Federal civilian agencies involved in drug law enforcement. Authorizes the Department of State to provide similar training at the Foreign Service Institute. Authorizes the Drug Enforcement Administration, the Customs Service, and the Immigration and Naturalization Service to: (1) detail investigative personnel to such Institutes; and (2) reimburse the Departments of Defense and State for the cost of such training. Authorizes appropriations for the Customs Service, the Drug Enforcement Administration, and the Immigration and Naturalization Service for such training. Subtitle D: Authorization of Appropriations for Special Training Centers - Requires the Director of the Bureau of Justice Assistance to establish a national training center in El Reno, Oklahoma, for the training of Federal, State, and local prison officials in drug rehabilitation programs. Establishes the National Advisory Panel on Prison Rehabilitation Programs to oversee the operation of such center. Authorizes appropriations for FY 1989 for such center. Title VIII: Drug Testing in the Private Sector - Prohibits any employer in interstate commerce, on the basis of a drug test administered to an applicant or employee (unless the drug test is conducted in a laboratory which meets specified requirements), from: (1) refusing to hire an applicant for employment; (2) taking adverse action against an employee; or (3) discharging an employee. Subjects any employer who takes such prohibited actions to civil penalties. Title IX: Congressional Policy Regarding Additional Funding for Fiscal Year 1989 for Antidrug Abuse Programs - States how the levels of new budget authority and outlays required to carry out the programs, activities, and initiatives contained in this Act shall be accommodated in the budget process.
United States · United States Congress · 23 March 1988
Emergency Assistance for the Nicaraguan Democratic Resistance Act - Transfers to the President a specified sum of unobligated funds to provide humanitarian assistance to the Nicaraguan democratic resistance and transportation for such assistance. Earmarks a specified amount of such assistance for the purchase, repair, and transportation of communications equipment. Provides that such transferred funds shall remain available until March 31, 1989. Declares it to be U.S. policy to assist all groups within the resistance which are committed to work for democratic national reconciliation in Nicaragua and which respect international standards of conduct. Prohibits assistance for groups violating human rights or engaging in drug smuggling, or the significant misuse of public or private funds. Directs the President to use authority under this Act to encourage the resistance to broaden its representative base, increase the responsiveness of military forces to civilian leadership, and continue to participate in the diplomatic process. Requires the President to make a determination and report to the Congress on certain actions taken by the resistance such as willingness to participate in the diplomatic effort, efforts to eliminate human rights abuses, and measures assuring accountability of funds, before such funds may be used. Makes the Secretary of State responsible for policy guidance, coordination, and supervision of Government activities under this Act. Requires the establishment of standards, procedures, and controls to ensure accountability of funds. Sets limitations on the activities of U.S. Government personnel in Nicaragua. Directs the Secretary of Defense to make available through March 31, 1989, passive air defense equipment to assure the safety of transportation provided under this Act. Provides that, after a ceasefire is negotiated between the Government of Nicaragua and the resistance, delivery of the remaining assistance shall be made in accordance with the terms of the ceasefire agreement. Welcomes proposals by the President to the Congress for bilateral and multilateral action to: (1) provide additional economic assistance to the democratic countries of Central America; (2) facilitate the growth of their economies; (3) provide a more realistic plan to assist such countries in managing their foreign debt; (4) develop these initiatives in concert with democratic allies; and (5) lift the embargo on trade and other transactions against Nicaragua, and include Nicaragua as eligible for assistance, if it is in compliance with the Guatemala Accords. Sets forth: (1) time periods during which the President may request additional assistance for the resistance, after consultation with the Congress; and (2) congressional priority procedures for taking up such requests.
United States · United States Congress · 17 March 1988
Federal Nuclear Facilities Environmental Restoration and Management Act - Title I: Federal Nuclear Facility Trust Fund - Establishes the Federal Nuclear Facilities Environmental Restoration and Management Trust Fund (the Fund). Authorizes appropriations for such fund for FY 1989 through 1991. Outlines a funding mechanism which includes transfers from general Treasury funds and penalties assessed under specified environmental statutes. Outlines Fund administration procedure. Authorizes Fund expenditures for specified hazardous waste response actions and other grant, research, and development programs under this Act. Requires the Secretary of the Treasury to report to the Congress on an annual fiscal year basis regarding the Fund's financial condition. Requires the Secretary to: (1) develop within one year after enactment of this Act an allocation and cost recovery methodology; and (2) assess user fees on certain commercial and non-Federal entities. Title II: Compliance by DOE Facilities with Superfund and Solid Waste Disposal Act - Requires the Secretary of Energy (the Secretary) to enter into a compliance agreement with the Environmental Protection Agency Administrator (the Administrator) (or with certain State delegatees) with respect to Federal nuclear facility compliance with the Solid Waste Disposal Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Amends CERCLA to include within the definition of "hazardous substance" byproduct, source or special nuclear material generated, stored, or released as either a waste product or in connection with an atomic energy defense activity at a site under the Secretary's jurisdiction. Amends the Solid Waste Disposal Act to include within its purview any source, special nuclear, or byproduct material that is combined with certain hazardous waste. Places certain Federal nuclear sites under the concurrent authority of the Solid Waste Disposal Act and CERCLA. States that permits issued to contractors for the operation of Federal nuclear facilities shall be deemed to be issued and held jointly with the United States. Declares that no immunity applicable to the United States or its officers, employees, or agents shall apply to such contractors. Sets forth a mandatory notification and participation procedure under which the Secretary and the Administrator must consult with affected States and Indian tribes regarding Federal nuclear facility compliance with this Act. Requires the Administrator to make grants to such States and Indian tribes to participate in, and monitor, Federal activities under this Act. Title III: Compliance by DOE Facilities with Other Environmental Laws - Requires the Secretary to complete an environmental survey of each Federal nuclear facility site within one year after the date of enactment. Requires the Administrator to review such surveys and issue environmental compliance plans for such sites within six months of survey completion. Outlines the compliance procedure. Requires the Administrator to report annually to the Congress regarding Federal nuclear facility site's environmental compliance plans. Requires the Secretary to: (1) enter into an environmental compliance plan response agreement with the Administrator within six months of each Federal nuclear facility site's compliance plan completion; and (2) prepare a site management plan for each Federal nuclear facility within 18 months after the date of enactment of this Act. Outlines the contents of such plan. Title IV: Special Environmental Counsel - Requires the Administrator to appoint a Special Environmental Counsel, as an independent instrumentality within the Environmental Protection Agency, to investigate alleged violations of Federal environmental law by any Federal facility or faculity operated by a contractor under contract with the Federal Government. Sets forth enforcement procedures, including the assessment of civil penalties and suspension of permits. Requires such Counsel to report annually to the Congress. Provides for the waiver of sovereign immunity for purposes of enforcing any substantive or procedural Federal environmental statutory requirement against a U.S. agency or instrumentality. Title V: Research and Development for Environmental Restoration and Management of Federal Nuclear Facilities - Requires the Administrator and the Secretary to enter into a joint agreement to coordinate research and development technologies for Federal nuclear site activities regarding: (1) application of and compliance with Federal environmental requirements; (2) facility decontamination and decommissioning; and (3) hazardous nuclear material characterization, treatment, and stabilization. Requires the Secretary and Administrator to: (1) submit to the Office of Management and Budget annual Federal nuclear facilities environmental research and development budget requests; (2) fund the jointly established research and development program from the Trust Fund; (3) jointly establish an information and technologies transfer program for commercial application. Authorizes the Secretary and the Administrator to enter into contracts and provide research grants.
United States · United States Congress · 17 March 1988
Directs the Board of Regents of the Smithsonian Institution to develop a master plan for the expansion of the National Air and Space Museum at an airport while allowing such airport to continue its normal operations. Authorizes appropriations for FY 1988 and 1989 for the development of such plan. Directs the Board, using funds obtained from private sources, to design and construct any new facilities which are needed under such master plan.
United States · United States Congress · 17 March 1988
Amends title IV (National Research Institutes) of the Public Health Service Act to require the Director of the National Center for Nursing Research to acquire, construct, improve, or repair laboratories and other research facilities to increase the capacity of institutions of higher education to conduct nursing research. Authorizes the Secretary of Health and Human Services to make grants and enter into contracts for such purposes. Requires the Director, from amounts appropriated under this Act, to reserve 15 percent to carry out such purposes through grants to, and contracts with, institutions that received less than an aggregate of a specified amount in Federal financial assistance for research and development in the preceding two fiscal years. Requires matching funds, in cash or in kind, from non-Federal sources. Directs the Secretary to require technical and scientific peer review of applications for grants and contracts. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 16 March 1988
Requests the President to issue a proclamation commemorating the 50th anniversary of the Javits-Wagner-O'Day Act, which occurs on June 25, 1988. (The Javits-Wagner-O'Day Act, formerly known as the Wagner-O'Day Act, provides employment and ancillary support services to blind and handicapped individuals.)
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
United States · United States Congress · 15 March 1988
Condemns the failure of the National Governing Council of Haiti to support a constitutional transition to democracy, to provide security for the Haitian people, and to respect internationally recognized human rights. Declares it to be the policy of the United States to: (1) demonstrate the disapproval of the United States of those elements in Haiti responsible for the failure to restore genuine democratic government in accordance with the Haitian Constitution (approved March 29, 1987); (2) encourage a transition to democracy through the holding of free and fair elections; (3) promote respect for human rights in Haiti; (4) continue to support efforts of the Haitian people to achieve economic development and social justice; (5) deny benefits to the Government of Haiti until there has been a transition to democracy; and (6) recognize that Haiti is a major point for the transshipment of illicit drugs. Suspends the provision of any type of foreign assistance to Haiti. Allows an exception for specified types of assistance, including emergency and humanitarian assistance. Provides that the United States shall use its vote and influence in relevant international financial institutions to oppose any loan or any extension of financial or technical assistance to Haiti, unless such assistance is directed to programs which serve the basic human needs of the citizens of Haiti. Prohibits the extension of certain trade benefits to Haiti, including: (1) treatment as a beneficiary country for purposes of the Caribbean Basic Economic Recovery Act; (2) treatment as a beneficiary developing country for purposes of the Generalized System of Preferences; and (3) specialized tariff treatment of articles exported to and returned from Haiti. Prohibits the importation from Haiti of any sugars, sirups, or molasses whenever any limitation is otherwise imposed on such importation. Prohibits the selling or leasing of any defense articles or defense services to Haiti under provisions of the Arms Export Control Act. Requires any U.S. Government agency to: (1) take into account the general policy of the United States to deny benefits to Haiti until a transition to democracy has occurred before taking any action with respect to Haiti that is not explicitly addressed by this Act; and (2) report to the Congress any decision to take such action. Requires the President to develop and transmit to the Congress a comprehensive plan for supporting individuals and institutions in Haiti committed to advancing democracy. Specifies the objectives to be considered in developing such a plan. Terminates sanctions imposed by this Act only after the Congress: (1) determines that the Haitian Constitution is being fully adhered to by a Government chosen in free elections; and (2) repeals such sanctions. Allows the President to suspend certain sanctions temporarily if he certifies to the Congress that Haiti is making significant progress toward establishment of a democratic government. Requires the President to periodically report to the Congress on the progress made toward the policy objectives of this Act. Requires the President to submit a report to the Congress which: (1) explains why Haiti has not been treated as a major-drug-transit country for purposes of the Foreign Assistance Act of 1961 and the Trade Act of 1974; and (2) states whether Haiti cooperated fully with respect to illicit drug trafficking. Repeals existing restrictions on assistance to Haiti as contained in the Foreign Operations, Export Financing, and Related Programs Act, 1988.
United States · United States Congress · 10 March 1988
Changes the definition of "Vietnam era," for purposes of veterans' benefits, to include, in the case of a veteran who served on active duty in the armed forces in Cambodia, Laos, Thailand, North Vietnam, South Vietnam, or the adjacent waters, the period from March 1, 1961 through August 4, 1964. Amends the Airport and Airway Improvement Act of 1982 to apply such definition to veterans' employment preference.
United States · United States Congress · 10 March 1988
Expresses the sense of the Congress that the Secretary of Transportation (the Secretary) should: (1) investigate the management of Texas Air Corporation and Eastern Air Lines since the acquisition of Eastern by Texas Air to determine (according to prescribed guidelines) the effect of such management upon the public interest; (2) use the investigation findings as a basis for decisions in pending and future cases involving proposed changes in domestic and international operations of Eastern; (3) not authorize the operation of any entity as a subsidiary of Texas Air in performing any air transportation operations until completion of a review to determine whether such performance is consistent with the public interest; (4) not authorize any Texas Air subsidiary to engage in air transportation until the application for such certificate has been reviewed; (5) not authorize Orion Air to provide contract services with Eastern unless Orion establishes conclusively its capability of conducting such operations with the highest degree of safety; (6) not expedite consideration of Orion's request to operate under contract with Eastern by diverting employees of the Department of Transportation or the Federal Aviation Administration from their responsibilities of ensuring the safety of previously authorized operations; and (7) require, as a condition of any approval of Orion's request to operate under contract with Eastern, that purchasers of tickets for such service must be informed at the time of making reservations of the identity of the carrier having operational responsibility for such service.
United States · United States Congress · 9 March 1988
Employer Reversion Moratorium Act of 1988 - Amends the Employee Retirement Income Security Act of 1974 to prohibit distributions to an employer, before October 1, 1989, of plan assets in connection with any single-employer defined benefit plan termination announced on or after March 9, 1988. Makes plan fiduciaries jointly and severally liable for breach of fiduciary duty unless assets distributed upon plan termination are either distributed to plan participants and beneficiaries or paid into a trust whose terms provide for final disposition in accordance with applicable law in effect on October 1, 1989. Requires the dissolution of such a trust and the distribution of its assets during the month of October 1989.
United States · United States Congress · 9 March 1988
Declares that the President should: (1) posthumously award the Presidential Medal of Freedom to Charles E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their efforts to document the Afghan struggle for freedom; and (2) present the award to those individuals' families on March 21, 1988, the start of the new year in Afghanistan.
United States · United States Congress · 8 March 1988
Age Discrimination Claims Assistance Act of 1988 - Extends the statute of limitations applicable to bringing civil actions in the Federal courts on certain claims under the Age Discrimination in Employment Act of 1967 that were filed with the Equal Employment Opportunity Commission before the date of enactment of this Act. Directs the Commission to send out notices regarding the claims for which the statute of limitations has been extended. Directs the Commission to report to specified congressional committees on such claims, notices, alleged unlawful practices eliminated or attempted to be eliminated, and civil actions filed.
United States · United States Congress · 2 March 1988
Praises the organizers of the National Silver-Haired Congress for their efforts on behalf of older Americans. Declares that the Congress should welcome the participants and ensure the success of the National Silver-Haired Congress when it is convened in Washington, D.C. in 1989.
United States · United States Congress · 1 March 1988
Women in Development Act of 1988 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 1 March 1988
AIDS Youth Education Act of 1988 - Amends part B (Federal-State Cooperation) of title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for educating and counseling certain youths with respect to the prevention of exposure to, and the transmission of, the etiologic agent for acquired immune deficiency syndrome (AIDS). Describes the youths as those who: (1) are homeless; (2) are unemancipated minors away from home for a significant period without parental consent; (3) engage in intravenous substance abuse or in prostitution; (4) are homosexual or bisexual males; or (5) engage in sexual activity with such unemancipated minors or with any individual who is homeless, engages in intravenous substance abuse or prostitution, or is a bisexual or homosexual male. Sets forth preferences in making grants. Requires applicants to agree to: (1) provide outreach services for the youths; and (2) use educational materials and confidential counseling procedures that are appropriate for the age and cultural context of the youths and that emphasize the behavioral changes necessary to prevent exposure to, and the transmission of, the etiologic agent for AIDS. Permits grantees to expend the grant to train individuals to carry out the education and counseling provided for in this Act. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 25 February 1988
Social Security Eligibility Reconciliation Verification and Independent Status Act of 1988 - Title I: Improvements in Records Maintenance; Protection of Benefit Levels - Directs the Secretary of Health and Human Services and the Secretary of the Treasury to jointly establish a Social Security Earnings Reconciliation Task Force through which the Secretaries shall: (1) establish within their respective departments coordinated procedures which work to reconcile discrepancies in earnings credited to employees, self-employed individuals, and beneficiaries under the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act; (2) educate the public and employers regarding methods by which they may assist in such reconciliation; and (3) actively consult with the Social Security Earnings Reconciliation Commission established by this Act. Requires the Secretaries to submit to the President and the Congress an interim report by July 1, 1989, and a final report by July 1, 1990, regarding the manner and extent to which the Task Force carried out its tasks. Terminates the Task Force 60 days after the submittal of such final report. Authorizes appropriations for the Task Force for FY 1989 and 1990. Establishes the Social Security Earnings Reconciliation Commission which shall: (1) conduct a comprehensive study of the issues pertaining to discrepancies in earnings credited under the OASDI program and Internal Revenue Code; and (2) report its findings and recommendations to the President and to the Congress by July 15, 1990. Terminates the Commission 60 days after the submittal of its final report. Authorizes appropriations for the Commission for FY 1989 and 1990. Prohibits the Congress from considering any legislation which effects a reduction in benefits under the OASDI program or title XVI (Supplemental Security Income) (SSI) of the Social Security Act. Considers the enactment of such prohibition to be an exercise of congressional rulemaking powers, subject to change in the same manner and to the same extent as any other rule of the House of Representatives or the Senate. Title II: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the OASDI and SSI programs. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the OASDI and SSI programs within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Directs the Secretary and the Social Security Board to take such measures as are necessary to ensure that this Act's provisions do not result in staffing or service reductions involving the functions transferred. Requires the Comptroller General to report to the President and the Congress by July 1, 1990, on the extent to which such staffing or service cuts have been avoided. Sets forth effective date and transitional rule provisions. Title III: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund.
United States · United States Congress · 24 February 1988
Amends the Federal judicial code to provide that volunteer public safety personnel (firefighters or members of a rescue squad or ambulance crew) shall be excused from jury service upon individual request.
![Official portrait of Rep. Pepper, Claude [D-FL-18]](https://www.congress.gov/img/member/p000218_200.jpg)