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
Amends the Federal Hazardous Substances Act to make the art materials labeling requirements of the American Society for Testing and Materials effective as a regulation of the Consumer Product Safety Commission. Requires manufacturers or repackagers of such materials to provide the Commission with the criteria used to determine whether or not such materials could cause chronic adverse health effects along with a list of materials that require hazard warning labels. Requires updates and revisions in labeling and standards as necessary. Directs the Commission to issue guidelines specifying criteria for determining when customary or foreseeable uses of such materials could result in a chronic hazard. Requires the Commission to review and amend such guidelines as appropriate. Directs the Commission to develop informational and educational materials about art materials and to distribute such materials to interested persons.
United States · United States Congress · 16 June 1988
Construction Safety and Health Improvement Act of 1988 - Amends the Occupational Safety and Health Act of 1970 (the Act) to provide for construction industry accident reporting, recordkeeping, investigation, and work-suspension procedures, for a permit system for hazardous construction operations, and for health and safety planning and supervision of all construction projects. Involves professional engineer-architects in such procedures. Increases civil and criminal violations and penalties under the Act. Defines a Professional Engineer-Architect (E-A) as an individual who: (1) has attained, through engineering education and science, a thorough knowledge of mathematical, physical, and engineering sciences and principles and methods of engineering analysis and design; and (2) is registered, where permitted, as a professional engineer in the State where such work is to be performed. Defines serious injury as one requiring professional medical treatment. Defines hazard analysis as a report: (1) detailing the potential safety hazards (including structural collapses, cave-ins, fires, flooding or other water hazards, explosions, and lightning) that could occur on a construction site throughout the construction process; and (2) containing instructions and provisions for the prevention or handling of potential safety hazards. Sets forth incident reporting, recordkeeping, and investigation procedures relating to construction site accidents. Requires the E-A responsible for the worksite to: (1) immediately investigate any incident upon its occurrence; and (2) report all reportable incidents on the construction worksite to the appropriate regional office of the Occupational Safety and Health Administration (OSHA) by telephone or telegraph immediately after their occurrence. Defines the term "reportable incident" as one that: (1) causes serious injury or death; (2) could have caused serious injury or death, as determined by the E-A; (3) involves a structural failure that leads to a collapse of a building; or (4) involves a near-collapse of a building. Excludes from such term an incident that causes serious injury or death, if an E-A determines that the incident was not a violation of: (1) the project construction process and hazard analysis or the Project Safety and Health Program and Procedures; or (2) the Act or a standard promulgated pursuant to the Act. Sets forth the types of information which such report must specify. Requires the employer, appropriate contractor, or the owner to bar ingress to and egress from, or other interference with, an incident site until OSHA completed its investigation, on the occurrence of a reportable incident involving: (1) three or more serious injuries; (2) a fatality; (3) a life-threatening injury; (4) a structural failure that leads to the collapse of a building; or (5) the near-collapse of a building. Allows necessary medical treatment or medical transportation and rescue and recovery work to take place at such site. Prohibits any work from being done at such site until OSHA completes its investigation and certifies that it is safe for work to continue. Requires the employer, appropriate contractor, or owner to take appropriate measures, as defined by regulations promulgated by the Secretary of Labor (the Secretary), to prevent the destruction of relevant evidence. Directs OSHA to conduct an investigation of such an incident (including site inspection) as soon as practicable after it is reported. Requires the employer, appropriate contractor, or owner to grant OSHA immediate access to the incident site. Requires OSHA to ensure a full investigation. Requires such investigation to take place within 24 hours following receipt of the report unless rescue and recovery operations are in progress or OSHA determines that conditions at the site would make investigation dangerous. Directs OSHA to determine during the investigation whether the incident site is an imminent danger or to certify that work may resume at the site. Directs OSHA, following such investigation, to prepare a description of the incident (including all items specified for E-A reports) and submit it to the area office as soon as possible, but no later than one week following commencement of the investigation. Requires each employer engaged in construction work to file a report with OSHA upon completion of such work at a construction project. Requires such reports to include information on work incidents, injuries, and deaths. Requires that such information be used to: (1) determine the national incident rate average for each type of construction work; and (2) target for inspections high hazard construction operations, and employers that have a higher than average incident rate. Revises provisions for civil and criminal penalties under the Act. Raises to $25,000 the maximum civil penalty for each: (1) willful or repeated violation (currently $10,000); (2) citation for a serious violation (currently $1,000); (3) citation for a violation determined not serious (currently $1,000); and (4) failure (per day) to correct a violation (currently $1,000). Makes mandatory (currently discretionary) the assessment of a civil penalty against employers who fail to correct a violation against which a citation has been issued. Adds criminal penalties for repeated violations of specified standards, rules, or orders under the Act and for failure to correct a violation for which a citation has been issued (as well as for willful violations), if that violation or failure caused death, serious injury, or illness to any employee, or was a serious violation under new provisions covering directors, officers, or agents of a corporate employer who knowingly authorize, order, or carry out violations, failures, or refusals to comply with orders under the Act. Increases the maximum criminal penalties for such violations (after having increased their scope beyond willful violations resulting in an employee death) to $250,000 in fines and/or 20 years' imprisonment (currently $10,000 and/or six months), and, for violations committed after a first conviction, to $500,000 and/or ten years (currently $20,000 and/or one year). Increases the maximum criminal penalties for giving advance notice of an inspection (without the authority of the Secretary or a designee under the Act) to $50,000 in fines and/or one year's imprisonment (currently, $1,000 and/or six months). Increases the maximum criminal penalties for false statements, representations, or certifications under the Act to $100,000 in fines and/or one year's imprisonment (currently $10,000 and/or six months). Increases the maximum civil penalty for a violation of posting requirements to $25,000 (currently $1,000). Revises procedures for the payment of civil penalties to require that interest be charged against a person on any final order of the Occupational Safety and Health Review Commission (the Commission) or the U.S. district court. Specifies such interest rate and requires accrual to begin 30 days after issuance of such order. Subjects any director, officer, or agent of a corporate employer, who knowingly authorized, ordered, or carried out the employer's violation of a safety or health standard or knowing violation or failure or refusal to comply with an order issued under the Act, to the same civil penalties, criminal fines, and imprisonment that may be imposed on a person under applicable provisions of the Act. Prohibits the use of the assets of any business entity to pay, directly or indirectly, a penalty or fine imposed on a director, officer, or agent. Establishes criminal penalties for any director, officer, or agent of any employer who discovers an occupational hazard at the workplace that could cause serious injury or illness to any employee and who fails, during the 15 day-period after such discovery (or immediately, if there is an imminent risk of bodily injury or death), to: (1) inform the Assistant Secretary in writing, unless such person has actual knowledge that the Assistant Secretary has been so informed; and (2) warn affected employees in writing, unless such person has actual knowledge that such employees have been so warned. Sets the maximum penalty for such violation at $250,000 in fines and/or ten years' imprisonment. Prohibits fines from being paid, directly or indirectly, out of the assets of any business entity on behalf of such individual. Establishes criminal penalties for any person who knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person's having informed the Assistant Secretary or warned employees of a serious concealed occupational hazard at the workplace. Sets the maximum penalty for such a violation at $250,000 in fines and/or ten years' imprisonment. Prohibits such fines from being paid, directly or indirectly, out of the assets of any business entity on behalf of such an individual. Prohibits compromise, mitigation, or settlement of any proposed civil penalty that has been: (1) issued under provisions for enforcement procedures under the Act, unless the affected employees or their representative have been given a full opportunity to participate in the process resulting in such an outcome; or (2) contested before the Commission under the Act, except with the Commission's approval. Prohibits compromise, mitigation, or settlement of any penalty assessment that has become a final order of the Commission, except with court approval. Makes each instance a separate violation, for purposes of assessing civil penalties and fines, where there are multiple instances of a violation of a standard under the Act. Considers a serious violation to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition that exists there, or from one or more practices, means, methods, operations, or processes that have been adopted or in use there, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. Subjects to criminal penalties, upon conviction, any person who knowingly distributes, offers for sale, introduces, or delivers in commerce any equipment (or components or accessories) for use at a construction site, if such equipment: (1) is represented as complying with the provisions of the Act or any applicable specification or regulation of the Secretary; but (2) does not so comply. Provides that no State or local law shall be superseded by any provision, order, or standard under the Act, unless such law is in conflict with it. Provides that State or local safety and health laws are not in conflict with the Act if they provide standards which are either more stringent than or not provided by the Act. Provides that nothing in the Act shall preclude State and local law enforcement agencies from engaging in criminal prosecutions in accordance with State or local laws. Establishes a permit system for certain construction operations under the Act. Requires the issuance of a permit by an E-A for an employment or place of employment prior to the commencement of any of the following covered operations: (1) the construction of trenches and excavations that are five feet or deeper and into which a person is required to descend; (2) the erection of scaffolding that is more than three stories high; (3) the demolition of any building, structure, or the dismantling of scaffolding, that is more than three stories high; (4) operations involving exposure to asbestos; (5) any other operation that OSHA determines involves an exposure of employees to death or serious bodily harm; and (6) any other operation on a specific project which involves an exposure to death or serious bodily harm. Requires a construction industry employer to obtain such a permit by submitting an application demonstrating that the employer knows, complies with, and intends to comply with, all statutes, regulations, standards, and agency directives applicable to construction work generally and to the covered operation or operations specifically, including all requirements set forth in the Act. Requires such an application to include a copy of: (1) the Project Safety and Health Program Procedures; and (2) the Construction Process Plan and Hazard Analysis. Requires only one application and one permit for two or more operations to be performed concurrently by the same employer. Allows an employer who complies with the general application demonstration requirements to obtain an annual permit in lieu of an application and permit for each covered operation of that employer. Requires the employer, before commencement of work on each new covered operation within the year covered by the annual permit, to: (1) notify the project E-A of the nature, location, and intended date of commencement of such operation; and (2) certify that the demonstration made to obtain such annual permit continues to apply to such new operation. Requires such notification to include copies of that portion of the Project Safety and Health Program and Procedures and the Construction Process Plan and Hazard Analysis that are applicable to such new operation or that have been revised since submission of the permit application. Requires permit applications to be submitted to an E-A for certification (or to OSHA in the absence of a permit certified by an E-A). Directs OSHA to establish a schedule of fees to cover the costs involved in investigating and issuing permits. Requires employers to pay such fees to the E-A or OSHA prior to permit issuance. Requires every employer issued a permit to post a copy or copies at or near each place of employment involving a covered operation (or at the nearest practicable location of such employer if the posting is impracticable at the site of an excavation). Makes specified Federal criminal law penalties applicable to false statements made with respect to permit applications and information. Requires that all construction projects be under the supervision of a professional E-A who is registered in the State where the project is located. Makes the owner of the project responsible for designating the E-A. (Considers the owner to have joint responsibility where the project contract specifically assigns such responsibility to a project or construction manager or a prime or general contractor.) Makes the E-A responsible for: (1) determining whether a project's size or complexity requires the designation of qualified representatives of the E-A to ensure that the work is performed in compliance with all provisions, orders, and standards under the Act; (2) assuring that an adequate number of qualified designated representatives (meeting requirements for being competent persons) are assigned to the project; and (3) the actions, and compliance with the Act, of the designated representatives. Makes the E-A liable to the same extent that the supervisor is liable for violations of the Act. Requires posting at each construction project, near the OSHA poster, of the name and registration number of the E-A and the names of all designated representatives. Allows, in such instances, work on the project to be performed only when the E-A's designated representative or representatives will be present on the work site. Allows work on a construction project to be performed only when the E-A is present on the site, unless the E-A determines and certifies that a designated representative will be present on the site and will be sufficient to assure that the work will be performed in compliance with all provisions, orders, and standards under this Act. Makes the owner responsible for the development and implementation on the project of Project Safety and Health Program and Procedures (project procedures). (Considers the owner to have joint responsibility where the project contract assigns such responsibility to a project or construction manager, contractor, or other person.) Requires project procedures to be job-site specific, with benchmarks for monitoring compliance with the program. Requires that specific duties and responsibilities for monitoring compliance with such procedures be assigned to the E-A or designated representatives. Prohibits certain liability claims against labor-management committee members or labor unions if such a committee participates in monitoring project procedures. Directs the E-A to review project procedures, and to certify approval after determining that they: (1) will adequately address safety and health-related conditions anticipated on the project; and (2) contain appropriate provisions for education and training of employers, supervisors, and employees in the recognition, avoidance, and prevention of unsafe and unhealthy conditions. Requires an E-A to perform or supervise, and the project E-A to verify, any required design (or alterations or modifications in the design) of equipment, structures, temporary structures, drawings, or processes. Requires the E-A to notify in writing the appropriate contractors and subcontractors performing work on the project of the existence of hazardous conditions or work practices that violate any Federal, State, or local safety and health laws or regulations, and of noncompliance with any project procedures. Directs the E-A to notify the owner and to require that work be stopped or affected employees be removed from areas where an imminent danger exists. Requires certification of designated representatives in the appropriate State. Directs the Secretary to review and approve such State certification programs and to provide such certification where such State programs are not provided. Requires every owner to prepare a construction process plan and hazard analysis for every construction project prior to commencement of work on that project. (Considers the owner to have joint responsibility where the project contract assigns such responsibility to a project or construction manager or a project or general contractor.) Requires E-A review and approval of such plan and analysis prior to commencement of work on the project. Requires such plan and analysis to include specified components. Requires the prime or general contractor to provide every other contractor and subcontractor, prior to their commencement of work on the project, with a copy of such plan and analysis. Requires every contractor and subcontractor to maintain the plan and analysis throughout its presence on the project and to make such available for review by its employees and employee representatives. Requires all contractors and subcontractors on the project to observe the construction process plan, unless the E-A certifies an exception from one or more aspects of the plan. Requires the project E-A, prior to the commencement of work on a construction project, to certify to OSHA project compliance with all requirements relating to the permit system for certain hazardous construction operations, and with the health and safety supervisory rules for all construction projects under the Act. Authorizes the Secretary, with the approval of the Advisory Committee on Construction, Safety and Health, to exempt from such requirements for all construction projects: (1) certain sizes or types of construction operations, as determined appropriate by the Secretary; and (2) other construction operations, if they are being performed according to a specific plan that includes adequate safety and health procedures approved by an E-A.
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
Nursing Shortage Reduction and Education Extension Act of 1988 - Title I: Initiatives to Reduce Nursing Shortages - Amends title VIII (Nursing Education) of the Public Health Service Act to create a new part on initiatives to reduce nursing shortages. Authorizes the Secretary of Health and Human Services to make grants for demonstrating innovative hospital nursing practice models which include restructuring the role of the nurse, testing innovative wage structures, and evaluating the effectiveness of various benefits. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to provide, directly or through contracts, for evaluation of the models demonstrated and for dissemination of the information developed. Authorizes the Secretary to make grants to nurse training entities: (1) to demonstrate innovative nursing practice models for services in the home and long-term care facilities designed to increase recruitment and retention of nurses and improve nursing care; and (2) to develop projects to increase the exposure of nursing students to clinical practice in nursing home, home health, and gerontologic settings. Authorizes appropriations for FY 1989 through 1991. Authorizes the Secretary to make grants for the identification of specific community nursing needs and the development and establishment of programs of educational outreach and nurse recruitment. Authorizes appropriations for FY 1989 through 1991. Title II: Special Projects - Amends title VIII (Nurse Education) of the Public Health Service Act to replace provisions relating to nursing education opportunities for individuals from disadvantaged backgrounds with a new subpart on the same topic. Authorizes the Secretary to make grants and enter into contracts for special projects to increase nursing education opportunities for individuals from disadvantaged backgrounds. Prohibits the Secretary from approving or disapproving an application for a grant or contract until after consultation with the National Advisory Council on Nursing Training. Authorizes appropriations for FY 1989 through 1991. Removes provisions authorizing the Secretary to make grants and enter into contracts for special projects to: (1) provide retraining for nurses after periods of professional inactivity; (2) demonstrate clinical nurse education programs which combine educational curricula and clinical practice; and (3) demonstrate methods to encourage nursing graduates to practice in health manpower shortage areas. Replaces provisions authorizing grants and contracts for continuing education for nurses with provisions authorizing the Secretary to make grants and enter into contracts for special projects to demonstrate improved geriatric nursing training. Replaces provisions authorizing grants and contracts to increase the supply or improve the distribution of nurses with provisions authorizing the Secretary to make grants and enter into contracts for special projects to increase the supply of nurses, including bilingual nurses, to meet the needs of rural areas. Revises the description of nursing education special projects eligible for certain grants and contracts with regard to: (1) priorities in training and education to upgrade the skills of paraprofessional nursing personnel; (2) development of curricula for certain nursing baccalaureate and masters degree situations; (3) facilitation of the completion of advanced nurse education programs by certain specialists; and (4) provision of nursing education courses to rural areas through telecommunications via satellite. Authorizes the Secretary to make grants and enter into contracts for special projects to collect the names and addresses of health facilities and nursing students and nurses willing to enter into agreements under which the facilities would repay at least 25 percent of the educational loans for each year of nursing service of the individual in that facility. Authorizes the Secretary to make grants and enter into contracts for geriatric nursing training. Requires applications for grants and contracts to be subject to peer review. Prohibits the Secretary from approving or disapproving an application unless the Secretary has received recommendations from the peer review group and has consulted with the National Advisory Council on Nurse Training. Authorizes appropriations for grants and contracts for special projects in nurse education and for advanced nurse education for FY 1989 through 1991. Revises the guidelines for programs for the education of nurse practitioners and nurse midwives to require that they have not less than six full-time equivalent students. (Current law requires that they have eight students.) Allows service commitments by nurse practitioner or nurse midwife traineeship recipients to include service in an Indian Health Service health center, a Native Hawaiian health center, a migrant health center, or a community health center in addition to the currently-allowed service in a health manpower shortage area or a public health care facility. Authorizes appropriations for certain nurse practitioner and nurse midwife programs for FY 1989 through 1991. Title III: Assistance to Nursing Students - Authorizes the Secretary to make grants for traineeships for students enrolled at least half-time in nursing masters degree programs who agree to complete the degree requirements by the end of the academic year in which the student is to receive the traineeship. Authorizes appropriations for traineeships for advanced education of professional nurses for FY 1989 through 1991. Authorizes the Secretary to make grants for traineeships for licensed registered nurses to become nurse anesthetists and for projects to develop and operate programs for the education of nurse anesthetists. Authorizes appropriations for traineeships for nurse anesthetists for FY 1989 through 1991. Includes, as qualifying for loan repayment under specified provisions, nursing service in an Indian Health Service health center, a Native Hawaiian health center, a public hospital, a migrant health center, a community health center, a nonprofit nursing facility, or a health facility determined by the Secretary to have a critical shortage of nurses. Sets forth financial need and geographic priorities in entering into loan repayment agreements. Authorizes appropriations for FY 1989 through 1991. Amends title VIII (Nurse Education) of the Public Health Service Act to create a new subpart on scholarships. Authorizes the Secretary to make grants for scholarships for nursing students in financial need. Requires applicant schools to agree to: (1) give priority in providing scholarships to individuals from disadvantaged backgrounds; and (2) require student recipients of the scholarships to agree to serve as nurses at least two years in specified types of facilities. Authorizes appropriations for FY 1989 through 1991. Title IV: General Provisions of Title VIII - Changes the composition of the National Advisory Council on Nurse Training to increase the number of members and require representation by practicing professional nurses and from associate degree schools of nursing. Amends title VIII (Nurse Education) of the Public Health Service Act to direct the Secretary of Health and Human Services to provide, directly or through contract, for evaluations of projects carried out under this title and for dissemination of information developed as a result of the projects. Sets forth reporting requirements. Title V: Effective Date - Sets forth the effective dates of this Act.
United States · United States Congress · 7 June 1988
Nursing Education and Incentives Act of 1988 - Title I: Special Projects - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize appropriations for FY 1989 through 1991 for special project grants and contracts under specified provisions, setting forth certain priorities. Authorizes appropriations for FY 1989 through 1991 for not less than eight innovative demonstration projects each fiscal year to upgrade nursing skills, with projects distributed geographically proportionate to the need. Authorizes the Secretary of Health and Human Services to make grants to and enter into contracts with schools of nursing for projects relating to geriatrics. Requires peer review of applications. Prohibits approval or disapproval of an application unless the Secretary has received peer review recommendations and has consulted with the National Advisory Council on Nurse Training. Authorizes appropriations for FY 1989 through 1991. Title II: Assistance to Nursing Students - Directs the Secretary to make grants to schools of nursing for traineeships for students in the final academic year of nursing master's degree programs, giving priority to programs involving nurse practitioners, clinical specialists, nurse midwives, and specialties requiring advanced education. Authorizes appropriations for these and other nursing traineeships for FY 1989 through 1991. Includes, as qualifying for loan repayment under specified provisions, nursing service in an Indian Health Service health center, a Native Hawaiian health center, certain hospitals, a migrant health center, a community health center, a nursing facility, or other health facilities as the Secretary determines. Authorizes appropriations for loan repayments for FY 1989 through 1991. Title III: General Provisions of Title VIII - Amends title VIII (Nurse Education) of the Public Health Service Act to direct the Secretary to provide for evaluations of projects carried out under title VIII and for the dissemination of information developed as a result of the projects. Sets forth reporting requirements. Title IV: Effective Date - Sets forth the effective date of this Act.
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 · 2 June 1988
Expresses the sense of the Congress that: (1) any proposal to legalize illicit drugs, as a method to combat their sale and use, should be rejected; and (2) the Congress should explore only those proposals which directly attack the supply of, and demand for, illicit drugs.
United States · United States Congress · 26 May 1988
Homeownership Assistance Act of 1988 - Amends the National Housing Act to create a special mortgage insurance program for first-time homebuyers. Authorizes insurance for up to 97 percent of the home's value. Authorizes the Federal Housing Administration (FHA) to insure a mortgage loan of up to 97 percent of appraised value for the first $50,000 (currently $25,000) of a home's value. Repeals the current dollar cap on FHA insured mortgages in high cost areas. Authorizes FHA to insure adjustable rate mortgages with annual interest rate increases of up to two percent (currently one percent). Repeals the aggregate annual limit on such insured loans. Defines "first-time homebuyer" as an individual who or whose spouse has not owned a principal residence during the 18 months prior to an FHA insured home purchase. Authorizes an FHA demonstration program to insure mortgages for first-time homebuyer downpayments where the purchase is primarily financed or assisted by tax-exempt or other government assistance. Limits the downpayment loan to $7,500. Requires participants to receive financial counseling. Sets a maximum ten year loan maturity period. Amends the Federal National Mortgage Association Charter Act to authorize the Government National Mortgage Association to create a secondary market for first-time homebuyer downpayment loans. Authorizes an FHA demonstration program to insure 100 percent of a home's value for a first-time homebuyer provided that the donwnpayment will be paid within three years by an additional monthly payment. Requires participants to receive financial counseling. Amends the Deficit Reduction Act of 1984 to empower the Internal Revenue Service to confiscate defaulting taxpayers' tax refunds. Requires the Secretary to submit program reports to the Congress within one year of enactment of this Act.
United States · United States Congress · 24 May 1988
Foreign Aid Insurance Act of 1988 - Requires each executive agency or military department responsible for economic or military assistance to foreign countries to take such actions as may be necessary to ensure that U.S. insurance companies have a fair and open competitive opportunity to provide insurance whenever such insurance is necessary or proper in connection with Government-assisted supplies or activities. Specifies that such actions shall include: (1) including in any contract or solicitation for procurement of such supplies or activities a clause requiring that U.S. insurance companies have a competitive opportunity; (2) certifying to the United States Trade Representative (USTR) that all necessary and practicable actions have been taken to provide U.S. insurance companies with competitive opportunities. Provides that if the USTR determines that any foreign government or country discriminates against U.S. insurance companies in connection with U.S. economic or military assistance, insurance for such activities may be provided only: (1) by U.S. insurance companies; or (2) by insurance companies of foreign countries which have entered into agreements concerning nondiscriminatory treatment of U.S. insurance companies or which have provided assurance of such nondiscriminatory treatment. Provides exceptions to such requirements if: (1) no insurance was reasonably available from a U.S. insurance company; or (2) the USTR certifies to the Congress that negotiations concerning discriminatory treatment of U.S. insurance companies are in progress. Requires the USTR to review the actions of each executive agency and military department required by this Act and to include a report concerning such actions in the USTR's required annual report to the Congress.
United States · United States Congress · 24 May 1988
Amends the Internal Revenue Code to extend the low-income housing credit through 1990. (Under current law the credit is due to expire on December 31, 1989.)
United States · United States Congress · 17 May 1988
Older Americans Child Care Employment Amendments of 1988 - Amends the Older Americans Community Service Employment Act to require the Secretary of Labor to enter into agreements with public or private nonprofit agencies or organizations for the conduct of no more than 100 experimental projects employing individuals who are age 55 or older in providing day care to children. Requires that such agencies or organizations: (1) receive one-third of their funding from non-Federal sources; (2) charge families a day care fee which is proportional to their financial resources; (3) provide day care in facilities other than private residences; and (4) be subject to the most comprehensive State licensing requirements or regulatory standards applicable to similar day care providers in the State. Prohibits the making of grants pursuant to this Act to more than two agencies or organizations in each State in any fiscal year. Authorizes appropriations for such projects.
United States · United States Congress · 12 May 1988
Designates the period of July 25 through July 31, 1988, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1988, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 11 May 1988
Debt for Development Act of 1988 - Amends the Foreign Assistance Act of 1961 to authorize the use of up to $75,000,000 in loan repayments from developing countries in FY 1989 for development activities in those countries.
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
Expresses the opposition of the Congress to the use of plastic bullets by British security forces in Northern Ireland. Urges the President to call on the British Government to end the use of plastic bullets in Northern Ireland.
United States · United States Congress · 4 May 1988
Designates the outpatient clinic of the Veterans Administration located in Brick Township, New Jersey, as the James J. Howard Veterans' Outpatient Clinic.
United States · United States Congress · 3 May 1988
Comdemns the Government of Ethiopia for its use of food as a weapon, its forced resettlement program, and its human rights record. Urges: (1) the Government of Ethiopia to allow the international relief campaign to resume; (2) the Tigrean People's Liberation Front and Eritrean People's Liberation Front to cease attacks upon relief vehicles and relief distribution points; and (3) the President and Secretary of State to press the Ethiopian Government for agricultural reforms, to press for a political settlement to the Ethiopian conflict, and to engage in direct discussion with the Soviet Union to achieve that objective. Urges and authorizes the President to impose such economic sanctions upon Ethiopia as he deems appropriate if Ethiopia engages in specified activities, including forced resettlement and the diversion or denial of international relief. Directs that sanctions imposed include those which substantially affect the major exports of Ethiopia. Authorizes the imposition of sanctions which involve the prohibition or curtailment of exports to Ethiopia under, and subject to the requirements of, provisions of the Export Administration Act of 1979 relating to national security requirements. Directs the President to report to the Congress every 60 days on whether the Government of Ethiopia engaged in any of the proscribed activities and on any U.S. response to such conduct.
United States · United States Congress · 28 April 1988
Deceptive Mailings Prevention Act of 1988 - Amends Federal law to declare as nonmailable any mail matter which is designed to resemble a bill, invoice, or statement of account due, but which in fact constitutes a solicitation of donations. Requires such mail matter to bear on its face in conspicuous type that it is a solicitation of donations and that the addressee is under no obligation to make any payment. Declares as nonmailable any mail matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of products or services which are provided free of charge or at a lower price by the Federal Government, or which are substantially the same as such products or services; (2) for the purchase of products or services and which contains a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; and (3) for the contribution of funds and which contains a seal, insignia, trade or brand name, or any other term which could reasonably be interpreted or construed as implying Federal Government connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.
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 · 20 April 1988
Directs the Secretary of Commerce to study methods of enhancing interstate and foreign commerce in New York City and northern New Jersey. Requires the Secretary to submit to the Congress a report summarizing the study and containing recommendations for promoting such commerce.
United States · United States Congress · 31 March 1988
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit any person from dumping sewage sludge into the ocean without having obtained from the Administrator of the Environmental Protection Agency a permit imposing a special disposal fee for each dry ton dumped. Requires permittees to: (1) deposit 75 percent of such fees in a trust account for subsequent use on projects to eliminate ocean dumping after 1992; (2) pay 15 percent of such fees to the Administrator for sludge disposal research, reporting, and permit activities; and (3) pay ten percent of such fees to the Department in which the Coast Guard is operating for use by the Coast Guard in enforcing sewage sludge ocean dumping laws. Authorizes the Administrator to waive the fee requirement for permittees who have entered into a compliance agreement with the Administrator which phases out and terminates ocean dumping of sewage sludge by 1993 and sets forth a schedule for the implementation of an alternate sludge disposal system. Directs the Administrator to report to the Congress at six-month intervals on land-based disposal options for sewage sludge and the progress made by permittees toward the cessation of ocean dumping of such sludge. Outlaws the ocean dumping of municipal sludge after 1992. Imposes a civil fine for each dry ton of sludge dumped in violation of this Act's requirements.
United States · United States Congress · 31 March 1988
Federal Aviation Administration Independent Establishment Act of 1988 - Establishes the Federal Aviation Administration as an independent Federal agency to succeed the Federal Aviation Administration of the Department of Transportation. Transfers to such independent agency all functions vested in the Federal Aviation Administration currently in the Department of Transportation, and all functions vested in such Department which are administered through the Federal Aviation Administration or are related to it. Authorizes appropriations.
United States · United States Congress · 30 March 1988
Medical Testing Improvement Act of 1988 - Amends title III (General Powers and Duties) of the Public Health Service Act to remove references to interstate commerce from provisions prohibiting operating a laboratory without a license issued by the Secretary of Health and Human Services. Repeals provisions exempting from statutes regulating laboratories those laboratories operated by physicians, osteopaths, dentists, or podiatrists solely as an adjunct to the treatment of their own patients. Requires an annual inspection of laboratories to insure compliance with standards issued by the Secretary. Requires laboratories to qualify under a quarterly proficiency testing program established by the Secretary, including testing for each category of test which the laboratory is authorized to perform under its license. Requires the Secretary to maintain a technical and staff capacity to provide training and technical assistance to laboratories requesting such service and to laboratories which do not qualify under the proficiency testing program. Allows the proficiency testing to be performed by a private entity only if the entity meets standards established by the Centers for Disease Control. Requires the Secretary to maintain the capacity to conduct the testing. Makes laboratory licenses issued by the Secretary valid for one year instead of three years. Removes the cap on the fee for issuance or renewal of licenses. Directs the Secretary to make grants to a State which enacts laws providing for standards equal to or more stringent than under the provisions amended by this Act to assist the State in implementing the laws.
United States · United States Congress · 30 March 1988
Requires the President to: (1) deploy armed forces equipment and personnel to halt aircraft and vessels carrying narcotics across U.S. borders; (2) deploy radar aircraft for continuous aerial radar coverage of the southern U.S. border during darkness; (3) deploy both rotor and fixed wing aircraft for pursuit and seizure purposes; and (4) use National Guard and Reserve members and U.S. Customs Service and Coast Guard personnel and equipment for purposes of these activities. Prohibits such military personnel from making arrests aboard any aircraft or vessel, unless they are in hot pursuit. Requires the President to withhold Federal funding from any National Guard unit whose State does not cooperate in this drug interdiction program. Requires all program expenses to be borne by the Department of Defense. Requires the President to substantially halt border crossings by narcotic-carrying aircraft and vessels within 45 days after enactment of this Act. Requires the President to: (1) report to the Congress within a specified time; (2) request funds from the Congress for FY 1988 and 1989 for purposes of the program; and (3) submit a request in the budget for the Department of Defense for such funds every year beginning in 1990.
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 · 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
Includes incurred expenses for medical or remedial care that are not subject to payment by a third party within an individual's income when determining his or her eligibility or level of assistance under title XIX (Medicaid) of the Social Security Act.
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 · 17 March 1988
Designates January 26, 1989, as Sean MacBride Day, marking the 85th anniversary of the birth of the late Sean MacBride, cofounder of Amnesty International and sponsor of the MacBride Principles opposing religious discrimination in Northern Ireland.
United States · United States Congress · 16 March 1988
Amends the Marine Mammal Protection Act of 1972 to extend through FY 1993 the authorization of appropriations to the Department of Commerce, the Department of the Interior, and the Marine Mammal Commission to carry out specified functions under such Act.
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.)
![Official portrait of Rep. Rinaldo, Matthew J. [R-NJ-7]](https://www.congress.gov/img/member/r000262_200.jpg)