United States · United States Congress · 9 September 1988
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require applications of States and local governments for block and discretionary grants under such Act to include a certification that individuals who are convicted of first degree murder under the law of the State and sentenced under such law to imprisonment for life without possibility of parole are not granted any unescorted release from imprisonment.
United States · United States Congress · 9 September 1988
Recognizes the 100th anniversary of the Loyal Order of Moose and commends the accomplishments of its members in providing service in the spirit of voluntarism.
United States · United States Congress · 8 September 1988
Commodity Exchange Option Reform Amendments of 1988 - Amends the Commodity Exchange Act to state that the Commodity Futures Trading Commission shall have exclusive jurisdiction to designate a board of trade for any put, call, or option. Repeals the provision regarding Commission submission of certain contract market designation applications for Securities and Exchange Commission review.
United States · United States Congress · 7 September 1988
Water Resources Development Act of 1988 - Authorizes the Secretary of the Army to carry out specified public works projects at the following locations: (1) flood control, Lower Mission Creek, Santa Barbara, California; (2) navigation, Ft. Pierce Harbor, Florida; (3) beach erosion control, Nassau County (Amelia Island), Florida; (4) flood control, Chicagoland Underflow Plan, Illinois; (5) navigation, Lower Ohio River, Illinois and Kentucky; (6) flood control, Hazard, Kentucky; (7) navigation, Wolf and Jordan Rivers and Bayou Portage, Mississippi; (8) flood control, Truckee Meadows, Nevada; (9) flood control, Scioto River, West Columbus, Ohio; (10) navigation, Delaware River, Philadelphia to Wilmington, Pennsylvania and Delaware; (11) flood control, Cypress Creek, Texas; (12) flood control, Falfurrias, Texas; (13) navigation, Guadalupe River to Victoria, Texas; and (14) flood control, McGrath Creek, Wichita Falls, Texas. Authorizes the Secretary to carry out the following projects subject to favorable reports: (1) flood control, Coyote and Berryessa Creeks, California; (2) navigation, Morro Bay, California; (3) navigation, Port of Ventura, California; (4) navigation, Miami Harbor, Florida; (5) navigation, Great Lakes connecting channels and harbors, Michigan, Minnesota, and Wisconsin; (6) dike replacement, Small Boat Harbor, Buffalo Harbor, New York; and (7) flood control, Rio de la Plata, Puerto Rico. Amends the Water Resources Development Act of 1986 to extend its cost sharing and cost ceiling provisions to all water resources projects enacted after the date of enactment of such Act. Modifies the project for flood control, West Memphis and vicinity, Arkansas, to provide that non-Federal cooperation for such project may be provided by private individuals, private organizations, levee districts, drainage districts, or any unit of a State, county, or local government. Authorizes the Secretary to construct the breakwaters to a greater height at the project at King Harbor, Redondo Beach, California, if recommended in a report of the Chief of Engineers and approved by the Secretary. Modifies the navigation project for Los Angeles and Long Beach Harbors, San Pedro Bay, California, to provide that, if non-Federal interests carry out any work associated with such project which is later recommended by the Chief of Engineers and approved by the Secretary, the Secretary may reimburse such non-Federal interests an amount equal to the Federal share of the costs, without interest. Modifies the project for San Leandro Marina, California, to authorize the Secretary to maintain an access channel extending from the southern auxiliary access channel to the boat launching ramp of the city of San Leandro in the vicinity of the small boat lagoon. Deauthorizes the auxiliary access channel and basin extending to the north end of the project. Amends the Water Resources Development Act of 1986 to require that the Federal share of the cost of the project for Indiana shoreline erosion be determined in accordance with title I of such Act. Modifies the project for flood control at Redwood River, Marshall, Minnesota, to authorize the Secretary to construct the project in accordance with a specified memorandum and at increased costs. Amends the Water Resources Development Act of 1986 to provide that the flood control project for Root River Basin, Minnesota, does not affect the authority of the Secretary to carry out a small project under the Flood Control Act of 1948. Modifies the flood control project, Roseau River, Minnesota, to direct the Secretary to construct a flood control levee in the vicinity of Duxby, Minnesota. Authorizes the Secretary to provide services to the non-Federal project sponsor in the design and the construction of upstream and downstream non-Federal extensions to the Federal project for flood control, Brush Creek and Tributaries, Missouri and Kansas, if the non-Federal sponsor provides funds, in advance, to cover all costs of such services. Provides that such extensions shall not be considered part of the Federal project. Amends the Water Resources Development Act of 1986 to increase the ceiling costs for the navigation project for the Blair and Sitcum Waterways, Washington. Modifies the project for Wynoochee Lake, Wynoochee River, Washington, authorized under the Flood Control Act of 1962, to authorize the Secretary of the Army, acting through the Chief of Engineers, to permit the city of Aberdeen, Washington, to operate, maintain, repair, and rehabilitate such project after September 30, 1988. Sets forth terms and conditions and other administrative provisions if the Secretary grants the city permission to proceed. Requires the Secretary to provide an opportunity for public review and comment before any changes are made in the operation of any reservoir which will result in or require a reallocation of storage space in such reservoir or will significantly affect any project purpose. Directs the Secretary, in planning any water resources project, to consider the impact on existing and future recreational and commercial uses in the area surrounding the project. Directs the Secretary to ensure that the following projects enhance recreation: (1) Beechfork Lake, West Virginia; (2) Bluestone Lake, West Virginia; (3) East Lynn Lake, West Virginia; (4) Francis E. Walter Dam, Pennsylvania; (5) Jennings Randolph Lake, Maryland and West Virginia; (6) R.D. Bailey Lake, West Virginia; (7) Savage River Dam, Maryland; and (8) Youghiogheny River Lake, Pennsylvania and Maryland. Amends the Flood Control Act of 1968 to change the reimbursement limitation per project to $3,000,000 or one percent of the total project cost, whichever is greater. Amends the Water Resources Development Act of 1986 to provide for crediting utility relocation costs of harbor construction borne by non-Federal interests toward the additional ten percent payment they are assessed for the cost of general navigation features of a project over 30 years. Requires projects for hurricane or storm damage reduction to comply with applicable flood plain requirements. Allows a Federal Project Repayment District to use any cost-recovery approach that is consistent with State law to satisfy cost-recovery requirements. (Currently, such districts are restricted to cost-recovery through property transfer fees.) Provides that the costs of operation, maintenance, and rehabilitation of projects under the Upper Mississippi River Plan shall be the responsibility of the entity that owns the lands on which the project is located. Authorizes the Secretary, in cooperation with other Federal agencies and the Susquehanna River Basin Commission, to design and implement a comprehensive flood warning and response system to serve communities and flood prone areas along the Juniata River and tributaries in Pennsylvania to demonstrate the effectiveness of such systems and to evaluate their costs. Authorizes appropriations for such project. Reauthorizes the flood control project at Lakeport Lake, California. Makes Sacramento, California, eligible for flood protection under the National Flood Insurance Act of 1968. Provides funding for the non-Federal share of the cost of any project to reconstruct the Santa Monica breakwater. Amends the River and Harbor Act of 1970 to authorize the Secretary to continue to deposit dredged materials into a contained spoil disposal facility in the Great Lakes until the Secretary determines that such facility is no longer needed or that it is completely full. Requires the Secretary to conduct a study and monitoring program to determine whether toxic pollutants are present in such facilities and to determine the concentration levels of such pollutants. Requires the Secretary to conduct an inspection and monitoring program to determine whether toxic pollutants are leaking from such facilities. Authorizes the Secretary to exchange certain lands in Whitman County, Washington, for wildlife mitigation purposes. Amends the Water Resources Development Act of 1976 to require the Secretary to accommodate the schedule of any State that requests the placement of beach quality sand. Declares certain portions of the Delaware River in Philadelphia County, Pennsylvania, as nonnavigable. Directs the Secretary to report to the Congress on a study and demonstration project to determine the effects of fluctuations of the water level of Carter Lake, Iowa and Nebraska, on groundwater induced flooding and the methods of reducing such flooding by pumping water between the lake and the Missouri River. Directs the Secretary to conduct a study to determine the extent of seepage associated with the flood control project at Memphis Harbor, Ensley Berm, Tennessee, and the need for corrective measures. Directs the Secretary, before issuing a permit for a proposed municipal landfill in the vicinity of Bartlett, Illinois, to study and report to the Congress on the impact of such landfill on the Newark Valley Aquifer and on the ability of water from the aquifer to dilute, for purposes of drinking water supply, naturally occurring radium in groundwater. Authorizes appropriations for the Secretary to establish a Technical Resource Service for the Red River Basin in Minnesota and North Dakota, for the purpose of providing technical services for the development and implementation of State and local water and related land resources initiatives. Amends the Water Resources Development Act of 1986 to deauthorize the water resources projects at: (1) Rockland Lake, Texas; (2) White River, Batesville, Arkansas; (3) Chicago Harbor, Illinois; and (4) Algoma, Wisconsin (outer harbor). Declares that the navigation projects for Monterey Harbor, California, and the North Branch of the Chicago River, Illinois, shall remain authorized after December 31, 1989. Makes the following name designations: (1) the Soldier Creek Diversion Unit, Topeka, Kansas, as the Lewis M. Paramore Diversion Unit; (2) the lake formed by the Felsenthal Dam on the Ouachita River, Arkansas, as Lake Jack Lee; (3) the Ventura Marina, located in Ventura County, California, as the Ventura Harbor; (4) the harbor on the Mississippi River at Hickman, Kentucky, as the Elvis Stahr Harbor, Port of Hickman; (5) the lock and dam number 4 on Arkansas River, Arkansas, as the Emmett Sanders Lock and Dam; (6) the lock and dam number 3 on the Arkansas River, Arkansas, as the Joe Hardin Lock and Dam; and (7) the Black Butte Lake, Sacramento River Basin, California, as the Harold T. "Bizz" Johnson Lake.
United States · United States Congress · 7 September 1988
Small Rural Hospital Preservation Act of 1988 - Amends title XVIII (Medicare) of the Social Security Act to permit rural hospitals with fewer than 100 beds to elect to be paid on a reasonable cost basis.
United States · United States Congress · 11 August 1988
Prohibits the obligation or expenditure of Federal funds to pay compensation to Iran for the downing of Iran Air Flight 655 until the President certifies to the Congress that: (1) the Iranian Government is not a military or terrorist threat to the United States; (2) no American hostages are being held in Lebanon; (3) the Iranian Government has paid compensation to the families of American citizens killed in truck-bombings in Lebanon during 1983 and 1984; (4) the Iranian Government has issued a formal apology to the United States for holding certain Americans as hostages from 1979 to 1981; and (5) the Iranian Government has made a good-faith effort to end the Iran-Iraq war.
United States · United States Congress · 3 August 1988
Upper Mississippi Headwaters Protection Act of 1988 - Prohibits the Secretary of the Army from substantially increasing a release from any of the headwaters reservoirs in the Upper Mississippi River region in Minnesota unless the Secretary first transmits to specified congressional committees a report justifying such increase.
United States · United States Congress · 2 August 1988
Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.
United States · United States Congress · 26 July 1988
Amends rule XXIV and rule I of the Rules of the House of Representatives to require the rendering of the Pledge of Allegiance in the House at the start of each legislative day.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 12 July 1988
Drought Assistance Act of 1988 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to add a new title VI which may be cited as the "Emergency Livestock Feed Assistance Act of 1988." Directs the Secretary of Agriculture to provide emergency feed assistance in any State, county, or area of a State where disease or other natural disaster has created a livestock emergency. States that the Governor of a State or a county committee may request the Secretary to make a livestock emergency determination and to provide assistance. Authorizes the Secretary to make such determination on his own initiative. Requires the Secretary to make such determination within 30 days of request and to notify the requesting party of any proposed action. States that producers in counties eligible for the emergency feed or emergency feed assistance programs in 1988 shall maintain such eligibility and be eligible for assistance under this title. Directs the Secretary to determine such counties' eligibility for assistance under this title. States that an eligible producer may receive assistance as follows: (1) assistance to offset inadequate feed stocks resulting from on-farm losses; and (2) assistance to maintain foundation herds if the producer does not have, and is unable to obtain through normal channels without undue cost, necessary feed stocks. Sets forth the following assistance programs available under this title: (1) Commodity Credit Corporation (CCC) feed donations and reduced price sales; (2) partial reimbursement of feed purchase expenses; and (3) partial reimbursement of transportation and handling costs for such CCC feed, for hay, and for transporting livestock to and from available grazing areas (not to exceed $24 a head). Permits the Secretary to: (1) make in-kind payments; and (2) provide assistance through feed dealers or manufacturers. Authorizes the Secretary to provide the following additional assistance if necessary: (1) CCC feed donations for stranded and unidentified livestock, including transportation costs; (2) water assistance; and (3) CCC catalog commodities in lots appropriate to family farmers. Limits total assistance under this title for each livestock disaster to any one person to $50,000. Subjects each person (including individual members of a cooperative producer association) to the overall payment limitation ($100,000) under this Act. Prohibits a person from receiving assistance under this title for lost feed production due to the 1988 drought to the extent that such person receives production disaster payments under this Act. Subjects persons who misuse such assistance to a civil penalty equal to the market value of the involved fee, and a fine of up to $1000 or imprisonment for up to one year, or both. Amends the Agricultural Act of 1949 to repeal the Secretary's authority to reduce 1989 milk price supports (50-cents per hundredweight). Title II: Disaster Payment - Provides that, for producers of the 1988 crops of wheat, feed grains, upland cotton, extra long staple cotton, or rice who participated in the production adjustment program under the Agricultural Act of 1949, the Secretary shall make disaster payments to those producers who have suffered at least 35 percent production losses due to the 1988 drought or related condition. States that such payments shall be made at a rate equal to 65 percent of the established price for deficiencies below 65 percent. Exempts such producers from advance deficiency repayments for up to 35 percent of crop losses. Permits eligible producers who had elected not to receive such payments prior to enactment of this Act to change their decision. Provides similar disaster payments to producers who did not participate in such production adjustment program. Bases payments on the basic county loan rate (or comparable price). Provides similar disaster payments to producers of the 1988 crops of peanuts, tobacco, sugar beets, and sugarcane. Bases payments for peanuts and tobacco on the basic county loan rate (or comparable price), and for sugar beets and sugarcane on 1988 price support levels. Provides for prevented planting credit. Sets forth special payment provisions for peanuts, including deficiency payments based on quota and additional peanuts. Provides similar disaster payments to producers of the 1988 soybean and nonprogram crops. Bases payments on a specified percentage of the average market price received in three of the last five years (excluding high and low years). Provides for prevented planting credit. Reduces payments to producers with Federal crop insurance under a specified crop-type determination. Authorizes the Secretary to transfer CCC funds during FY 1988 to the Agricultural Stabilization and Conservation Service to carry out the provisions of this title. Directs the Secretary, within 15 days after enactment of this Act, to announce the terms by which producers may prove their yield on crops harvested for silage or other forage uses. Directs the Secretary to make disaster payments under this title in the form of cash, commodities, or commodity certificates. Limits individuals to $100,000 in disaster payments. Limits a person to $100,000 of combined assistance for crop disaster assistance and livestock disaster assistance. Permits a person to elect which form of assistance to receive. Prohibits a person from receiving disaster payments attributable to 1988 drought-caused crop losses to the extent that such person receives livestock emergency benefits for such lost production under the Agricultural Act of 1949. Title III: General Provisions - Subtitle A: Commodity Stock Adjustment - Amends the Agricultural Act of 1949 to authorize the Secretary, if an acreage limitation program is in effect for 1989 and 1990, to permit producers to plant soybeans or sunflowers on between ten percent and 35 percent of permitted crop acreage. Expresses the sense of the Congress that the Secretary should provide export assistance for cottonseeds and sunflower seeds if such crop prices are adversely affected by soybean and sunflower plantings under this title. Directs the Secretary to permit producers to designate any portion of their 1989 or 1990 farm acreage base for oats if the feed grain acreage base for such years is less than 12.5 percent. Expresses the sense of the Congress that, with respect to the 1989 and 1990 feed grain crops, if such crops' acreage limitation percentage exceeds 12.5 percent the Secretary should establish the lowest possible oats acreage limitation if market imbalances for barley and oats exist. Provides that, effective for the 1988 marketing year for wheat and feed grains, producers may repay specified commodity loans without additional interest or other specified charges if the producer reserve program trigger level has been met. Provides that, if during the 1988 marketing year the Secretary permits producers to place wheat and feed grains into the producer reserve, no storage payments nor interest forgiveness shall be permitted on such stored commodities during the marketing year. Subtitle B: Disaster Credit and Forbearance - Directs the Secretary to ensure, to the maximum extent practicable, that Farmers Home Administration direct operating loans for 1989 crop production are made available to producers suffering major losses resulting from the 1988 drought or related condition. Directs the Secretary to make available in FY 1989 specified operating loan guarantees, in addition to existing purposes for such guarantees, to refinance and reamortize 1988 operating debt resulting from major farming or ranching losses resulting from the drought or related condition. Expresses the sense of the Congress that the Secretary should exercise forbearance in debt collection and encourage similar actions by commercial lenders and expedited loan restructuring with respect to producers suffering major drought losses. Subtitle C: Conservation and Water Assistance - Provides that with respect to a producer who harvested hay during the 1988 crop year on conservation reserve program acreage, such producer's rental payments shall not be reduced to the extent that he or she shares the cost of carrying out practices designed to enhance soil, water, and wildlife conservation on such land (or in the vicinity of such land) in accordance with a Soil Conservation Service approved plan. Authorizes the Secretary to: (1) undertake water-problem related projects, including research, grants, technical assistance, loans, and extension services; (2) cooperate with other Federal agencies, State or local units, or public or private entities; and (3) accept funds from non-Federal sources to carry out such activities. Authorizes appropriations. Subtitle D: Rural Businesses - Directs the Secretary to make rural industrialization loans or loan guarantees during FY 1989 to assist rural businesses (including cooperatives) adversely affected by the 1988 drought or related condition. Requires any such loan to meet applicable Consolidated Farm and Rural Development Act eligibility requirements. Directs the Secretary, within 90 days of enactment of this Act, to conduct a survey of agriculture-related rural businesses to determine the adverse effects of the 1988 drought and report to the appropriate congressional committees.
United States · United States Congress · 12 July 1988
President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.
United States · United States Congress · 12 July 1988
Prohibits the Federal Communications Commission from adopting revisions of the rules and policies in the proceeding "Policy and Rules Concerning Rates for Dominant Carrier," CC Docket 87-313, unless the changes expressly provide for: (1) the proper functioning of the long-term support mechanisms for the carrier common line rates administered by the National Exchange Carrier Association; (2) the maintenance of uniform nationwide long distance rates by dominant interexchange carriers; and (3) the use of an industry-wide rate of return to determine costs for access tariffs and to calculate the Universal Service Fund. Requires the FCC to report to the Congress the compliance of revisions with these conditions. Postpones effectiveness of any rule or policy revisions until 60 days have elapsed during which both Houses of the Congress are in session.
United States · United States Congress · 30 June 1988
Expresses the sense of the Congress that the Government of Nicaragua should: (1) fulfill its pledge in the Esquipulas II agreement to grant a general amnesty to all political prisoners; (2) cease inhumane torture and holding prisoners incommunicado; (3) end random arrests for purposes of political intimidation; (4) allow human rights observers in all parts of prison facilities; (5) compensate former political prisoners; and (6) cease human rights violations.
United States · United States Congress · 21 June 1988
Authorizes the Vietnam Women's Memorial Project, Inc., to construct a commemorative statue within the Vietnam Veterans Memorial to recognize and honor the women of the U.S. armed forces who served in the Vietnam war. Directs the Secretary of the Interior to select a site for the statue within the Memorial. Makes the design proposal subject to the approval of the Secretary, the National Planning Commission, and the Commission of Fine Arts. Prohibits the United States and the District of Columbia from paying any expense of constructing the statue. Expresses the sense of the Congress that: (1) it is fitting and appropriate that such a statue be constructed at the site of the Vietnam Memorial; (2) the Secretary and each of the Commissions should give consideration to the sense of Congress that such a statue should be constructed at that site; and (3) after the addition of such statue no further commemorative works should be added to the Memorial. Requires the Secretary and Administrator of General Services to prepare, transmit to the Congress, and update periodically a list and a description of those commemorative works which have been completed and are located in the District of Columbia and its environs. Prohibits any significant modification to any commemorative work located in the District of Columbia and its environs unless specifically authorized by the Congress.
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
Federal Aviation Administration Drug Enforcement Assistance Act of 1988 - Amends the Federal Aviation Act of 1958 to direct the Federal Aviation Administrator to modify systems relating to aircraft registration, airman's certification, and fuel system alterations in order to make such systems more responsive to the needs of drug law enforcement authorities. Cites the areas to be modified. Requires the Administrator to issue final regulations implementing such modifications within ten months after the date of enactment of this Act. Authorizes the Administrator to establish and collect user fees to cover the costs associated with such modifications. Prescribes user fee guidelines. Requires the Administrator to report annually to the Congress for a five-year period on the progress being made under this Act. Establishes civil and criminal penalties for violations under this Act. Cites conditions under which an aircraft used in connection with such violations may be seized by or forfeited to drug law enforcement authorities. Requires the Administrator to report annually to the Congress for a three-year period on progress regarding: (1) informational assistance provided to drug law enforcement authorities; (2) registration and certification suspensions; and (3) the training of Federal Aviation Administration personnel with respect to controlled substances traffic. Requires the Administrator to report to the Congress on the funding resources needed annually to implement this Act during a five-year period. Requires concurrent submission of budget requests under this Act to the President, the Secretary of Transportation, and certain congressional committees and officials. Requires the Office of Personnel Management to report to the Congress within 120 days after enactment of this Act on the results of its review of the position classification within the Airmen and Aircraft Registry of the FAA and the Law Enforcement Assistance Unit of the Aeronautical Center of the FAA. Requires the Secretary of Transportation to report to the Congress the results of a feasibility study relating to the cost/benefit ratio (with respect to drug interdiction) of requiring aircraft entering the continental United States to: (1) have an operating transponder installed; and (2) have a flight plan filed with the Federal Aviation Administration before such entry. Requires the Secretary of Transportation to report to the Congress the results of a feasibility study pertaining to: (1) the interception of aircraft deviating from established flight corridors across the borders of the continental United States; and (2) the impact of the establishment of such corridors on safe and efficient aircraft movement and upon drug interdiction. Declares that this Act applies only to aircraft which are not used to provide specified air transportation.
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
Food Security Act Amendments of 1988 - Amends the Agricultural Act of 1949, effective for the 1988 wheat and feed grain crops, to exempt farmers in counties designated as disaster areas (due to drought or other natural disasters) from repayment of excess deficiency payments.
United States · United States Congress · 14 June 1988
Expresses the grave concern of the Congress regarding the apparent discriminatory treatment of Federal Express by the Government of Japan. Urges Japan to honor its obligations under the 1985 Memorandum of Understanding and allow Federal Express to compete in the U.S.-Japan market with maximum flexibility.
United States · United States Congress · 10 June 1988
College Savings Bond Act of 1988 - Authorizes the Secretary of the Treasury to issue college savings bonds in the interest of encouraging long-term savings for postsecondary education. Amends the Internal Revenue Code to exclude from the gross income of an individual any interest on college savings bonds to the extent these proceeds are used to pay the qualified educational expenses (tuition, fees, books, supplies, reasonable living expenses) of the taxpayer, spouse, child, or dependent at an institution of higher education, including a postsecondary vocational school. Decreases the permissible exclusion for taxpayers having adjusted gross income above $60,000, allowing no exclusion if income exceeds $80,000.
United States · United States Congress · 8 June 1988
Choices in Child Care Act of 1988 - Title I: Tax Credit for Families with Young Children - Amends the Internal Revenue Code to allow an individual a refundable income tax credit for each dependent under age six who resides in the household. Sets a maximum credit of $400 per qualified dependent child. Reduces the credit for taxpayers whose adjusted gross income exceeds $20,000. Disallows the credit with respect to a dependent claimed under the dependent care income tax credit. Directs the Secretary of the Treasury to prescribe tables to be used to determine the credit amount. Provides for advance credit payments by employers to employees who provide certification of eligibility. Requires taxpayers to file information returns to reflect such payments. Revises the dependent care credit to: (1) disqualify children six years old or older from credit determinations (current law permits the credit with respect to dependents up to age 15); and (2) disallow the credit to taxpayers whose adjusted gross income exceeds $30,000. Permits businesses a ten percent investment tax credit in connection with certain depreciable property used as part of a child care facility operated by the employer on or near the work site for the care of enrollees, at least 30 percent of whom must be dependents of the employer's employees. Provides for recapture of the credit amount if the facility ceases to be a qualified child care property. Limits to $200,000 the annual qualified investment subject to the credit. Sets reduced self-employment tax rates in connection with income earned from child care services in either a family-based (at the home of the taxpayer) or in-home (at the home of the recipient child) child care facility. Amends the Social Security Act to reflect this provision. Excludes income earned from child care services from wage withholding requirements and from the surtax imposed for failure to pay estimated income tax. Title II: Supplemental Child Care Assistance for Low-Income Working Parents - Authorizes the Secretary of Health and Human Services to make grants to the States to provide certificates to eligible individuals for child care services. Sets out eligibility criteria, including a requirement that a State submit a plan detailing its program for child care services for low-income children under 14 to enable family members to work or to participate in employment training programs. Prescribes the process for review of applications, reimbursement procedures, and reporting requirements in connection with the program. Authorizes appropriations. Title III: Block Grants to States for Activities Relating to Dependent Care Services - Amends the State Dependent Care Development Grants Act to increase the FY 1989 amount authorized for grants to States for dependent care services and to authorize FY 1990 through 1993 appropriations. Restructures the block grants program for dependent care services, enumerating a wide range of permissible uses for allotments paid to States under the program. Includes such activities as loans to establish child care services to school-age children before or after school, training programs for child care providers, scholarships to low-income individuals for child care training, activities designed to make liability insurance more available and affordable for care providers, and projects to meet the care needs of special populations. Decreases the permissible Federal share of the cost of projects under the program. Revises reporting requirements in connection with the program to require State reporting. Applies nondiscrimination provisions to the program, but permits the refusal of a fund recipient to provide services to a child on the basis of handicap under limited circumstances when other care is reasonably available. Title IV: Miscellaneous - Directs the Secretary of Labor to study and report to specified congressional committees concerning barriers to employer provision of child care services for their employees. Repeals the Child Development Associate Scholarship Assistance Act of 1985 (a grant program providing scholarships to low-income candidates for the Child Development Associate credential).
United States · United States Congress · 25 May 1988
Plant-Opening and Jobs Creation Act of 1988 - Title I: General Tax Incentives - Amends the Internal Revenue Code to reduce the tax rate on capital gains realized by corporations from: (1) 34 percent to 15 percent in the case of the alternative tax; and (2) 20 percent to 15 percent in the case of the minimum tax. Restores the permitted exclusion from the gross income of an employee of up to $5,250 of educational assistance provided under an employer's educational assistance program. (Under current law the exclusion expired as of January 1, 1988.) Eliminates the increase in both employer and employee tax rates under the Federal Insurance Contributions Act (social security taxes) scheduled to go into effect in 1990 and thereafter. Reduces the unemployment tax rate from 6.2 percent to 6.0 percent as of 1989. (Under current law the reduction becomes effective in 1991). Title II: Enterprise Zones - Enterprise Zone Development and Employment Act of 1988 - Subtitle A: Designation of Enterprise Zones - Provides for the designation of enterprise zones by the Secretary of Housing and Urban Development (Secretary) for purposes of providing tax and regulatory relief and improving local services. Specifies that States and local governments shall nominate areas for designation. Limits to 100 the total number of areas that may be designated as enterprise zones. Limits the period during which: (1) the Secretary has authority to designate zones; and (2) the designations may remain in effect. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to residents of the area. Describes areas to which the Secretary must give preference in selecting nominated areas for designation as enterprise zones. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Subtitle B: Federal Income Tax Incentives - Part I: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the amount of such credit at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Part II: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits the credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, and be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during that period. Requires the recapture of such credit upon the early disposition of the property. Part III: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property if, within one year after such sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within such a zone). Part IV: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Requires that the gain from the disposition of the stock be treated as ordinary income. Includes recapture provisions. Part V: Rules Relating to Private Activity Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Modifies certain small issue volume limitations with respect to enterprise zone facilities. Part VI: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses that become worthless during the taxable year. Part VII: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Part VIII: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Part IX: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. Subtitle C: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and to consolidate all periodic reports required under such programs into one summary report. Subtitle D: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones. Title III: Trade Provisions - Subtitle A: Expanded Trade Negotiating Authority - Directs the President to begin negotiations with Mexico, the Caribbean Basin countries, and Canada to establish a North American free trade area. Requires any agreement reached through such negotiations to be reciprocal and to provide mutual reductions in trade barriers. Authorizes the President to enter into bilateral and multilateral trade agreements with foreign countries to establish expanded trade areas. Requires any agreement to ensure a mutual and reciprocal reduction of tariff and nontariff trade barriers. Authorizes the President to enter into trade agreements with any developing country for the purpose of establishing expanded trade areas and ultimately promoting a reciprocal reduction in trade barriers. Requires such agreements to provide for a gradual (within five years) reduction or elimination of tariff and nontariff trade barriers by the developing country. Authorizes the President to enter into such an agreement only if specified determinations are made. Requires termination or suspension of the agreement if the developing country fails to carry out its obligations under the agreement. Authorizes the President to enter into any multilateral trade agreement resulting from the Uruguay round of trade negotiations conducted under the General Agreement on Tariffs and Trade. Authorizes the President to exclude from any agreements negotiated under this title any article if such exclusion is necessary to achieve an agreement for an expanded trade area. Sets forth the requirements for implementation of trade agreements entered into under this title, including congressional oversight provisions. Subtitle B: Elimination of Unfair Trade Practices and Barriers to Trade - Requires the President, upon the determination that a foreign country consistently engages in unfair trade practices identified in a specified report, to: (1) suspend or terminate any negotiations with such country under Subtitle A if insufficient progress is being made in obtaining an agreement to expand trade; (2) initiate negotiations with any other country whose exports compete with the exports of such country in order to establish an expanded trade area with the other country; or (3) expedite any existing negotiations under Subtitle A with any other country whose exports compete with the exports of such country in order to establish an expanded trade area with the other country. Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to conduct an annual study concerning enumerated issues relating to both domestic and foreign trade barriers and their effect on U.S. commerce. Subtitle C: Anti-Protectionism and Trade Promotion - Requires the Director of the Congressional Budget Office to prepare for each bill or joint resolution reported by any congressional committee that may affect international trade an estimate of its costs and effects with respect to U.S. consumers. Requires these estimates to be submitted to the appropriate committees and to be included in their reports. Declares that it shall not be in order for either House of the Congress to consider any bill or joint resolution if the committee report does not contain such estimate. Requires the Secretary of the Treasury to submit annually to the USTR, a list, by country, of current loan disbursements and any loan applications that are likely to be brought before loan review committees of multilateral development banks during the calendar year. Requires the USTR to identify the foreign countries on that list that take actions or maintain policies that restrict the sale of U.S. products in their markets or provide an unfair economic advantage for their products over U.S. products. Requires the Secretary and the USTR jointly to develop recommendations of trade liberalization actions for these countries. Directs the Secretary to instruct the U.S. executive director of each multilateral development bank and of the International Monetary Fund to: (1) oppose loans to any country on the list that refuses to accept the trade liberalization recommendations; and (2) oppose any "drawing" of any approved loan by such a country if it has failed to carry out the trade liberalization recommendations developed as a condition of the loan. Subtitle D: Provisions Relating to Intellectual Property, Etc. - Part I: Countries that Deny Adequate and Effective Protection - Amends the Trade Act of 1974 to require the USTR to publish annually: (1) a list identifying foreign countries that deny adequate and effective protection of intellectual property rights or deny fair market access to U.S. persons who rely upon intellectual property protection; and (2) a list of the identified countries that the USTR determines to be countries that have the most onerous policies or practices in this regard and that are not entering into good faith negotiations or making significant progress to provide intellectual property protection. Provides for deletions and additions to the listing and for publication in the Federal Register of the identified countries. Part II: Protection under Tariff Act - Amends the Tariff Act of 1930 to include as unfair methods of competition and unfair import practices, but only in connection with products of already-established U.S. industries, the importation or sale of: (1) articles whose form or manufacturing process infringes a valid U.S. patent or trademark; or (2) a semiconductor chip product that infringes a U.S. registered mask work. Permits persons aggrieved by unfair import trade practices to petition the International Trade Commission to issue an order to exclude the article in question from entry into the United States during investigation. Increases civil monetary penalties for violations of Commission cease-and-desist orders. Provides for injunctions and for a general exclusion of an article from entry in cases when an alleged violator fails to answer a complaint or respond to an investigation. Permits the Commission, subject to notice and hearing requirements, to order the forfeiture of articles that violate proper import trade practices.
United States · United States Congress · 19 May 1988
Retirement Equity Act of 1988 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits. Amends the Internal Revenue Code to repeal the taxation of social security benefits and tier I railroad retirement benefits. Prohibits the imposition of social security taxes on the wages or self-employment income of individuals aged 70 and over.
United States · United States Congress · 17 May 1988
Requires the Secretary of the Army, when maintaining, repairing, rehabilitating, or reconstructing a water resources project which will result in a change in its configuration, to carry out construction in a manner which will not adversely affect any recreational use. Requires the Secretary to take necessary actions to restore such recreational use or provide alternative opportunities for comparable recreational use.
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 · 12 May 1988
Declares that the Congress recognizes the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan between December 8 and December 23, 1941.
United States · United States Congress · 11 May 1988
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
Bridge Administration Transfer Act - Transfers from the Secretary of Transportation to the Secretary of the Army, with specified exceptions, the administration of bridges and causeways over navigable waters, including all related authority, functions, and duties. Declares October 1, 1989, as the effective date of such transfer. Makes conforming amendments to the Rivers and Harbors Appropriations Act of 1899, the Truman-Hobbs Act, the General Bridge Act of 1946, and the International Bridge Act of 1972. Directs the Secretary of the Army to submit a compilation to the Congress of Federal laws relating to waterway structure administration, together with recommendations for consolidation or amendments.
United States · United States Congress · 10 May 1988
Amends the Merchant Marine Act, 1936 to include in the term "privately owned United States-flag vessels," as used in provisions relating to cargo preference, any U.S. flag vessel designated by the Secretary of Transportation as a great Lakes Exempt Vessel (GLEV) regardless of the number of years the vessel has been documented under U.S. laws. Authorizes the Secretary to designate each of six vessels as a GLEV to enable vessels documented less than three years to engage temporarily in trade within the Great Lakes. Prohibits any vessel engaged primarily in bulk trade from being designated as a GLEV. Prohibits any vessel from retaining its GLEV designation if it has repair, reconditioning, or maintenance work done other than in a U.S. shipyard, subject to waiver by the Secretary to enable a vessel to safely sail from a foreign port. Prohibits any GLEV from serving any other U.S. seaport than the Great Lakes, subject to exception. Prohibits the Secretary from designating a vessel as a GLEV unless it has been approved by the Secretary of Defense as suitable for national defense purposes. Terminates any GLEV designation on December 31, 1990.
United States · United States Congress · 5 May 1988
Family Educational Opportunity Act of 1988 - Amends the Higher Education Act of 1965 to remove from the computation of expected family contribution in the determination of need for assistance under the title IV (Student Assistance) Pell Grant program and other title IV student assistance programs the following assets: (1) the family's principal place of residence; (2) a family farm on which the family resides; or (3) a small business substantially owned and managed by a member or members of the family.
United States · United States Congress · 5 May 1988
Amends the Internal Revenue Code to permit cooperatives (farmers' cooperatives, cooperative banks, mutual insurance companies, and rural electric and telephone cooperatives) to: (1) elect to treat as ordinary income or loss any gain or loss from the sale or other disposition of any asset used by the organization to facilitate the conduct of business done with or for patrons; and (2) include such gain or loss in net earnings of the organization from business done with or for patrons.
United States · United States Congress · 4 May 1988
Amends the Food Security Act of 1985 to authorize the Secretary of Agriculture to permit eligible producers to enroll 1988 through 1990 set-aside acreage in a three-year wildlife habitat and vegetative cover set-aside program (program). Directs the Secretary to offer cost-sharing program incentives. Provides for Federal-State cost sharing. Limits program participation to producers who have participated in farm programs in two of the three crop years prior to program enrollment. Limits program acreage to not more than 50 percent of a producer's set-aside acreage, and authorizes the enrollment of up to 50 percent of paid land diversion acreage in the program. Requires the program to be carried out through the Commodity Credit Corporation.
United States · United States Congress · 3 May 1988
Amends title XVIII (Medicare) of the Social Security Act to determine the payments to be made to hospitals under Medicare's prospective payment system on the basis of a blend of hospital-specific rates and a national rate, depending on the degree to which costs vary within specific diagnosis-related groups. Eliminates the urban or rural classification of an area as a consideration in hospital payment determinations. Requires the Secretary of Health and Human Services to: (1) identify relevant labor markets for hospitals; (2) establish a methodology to determine the proportion of hospital costs which are wage-related and compare the hospital wage level in each labor market with the national average hospital wage level; and (3) take into account differences among hospitals in part and full-time employment patterns.
United States · United States Congress · 29 April 1988
Americans with Disabilities Act of 1988 - Provides that no person shall be subjected to discrimination on the basis of handicap in: (1) employment practices and training covered by title VII of the Civil Rights Act of 1964; (2) the sale or rental of housing covered by title VIII of the Civil Rights Act of 1968; (3) any public accommodation covered by title II of the Civil Rights Act of 1964; (4) transportation services; (5) the actions, practices, and operations of State and local governments; and (6) broadcasts, communications, or telecommunications services. Lists the forms of discrimination which are prohibited by this Act, including: (1) denying any person the opportunity to participate in or benefit from a service, program, job, or other opportunity on the basis of his or her handicap; (2) establishing (or failing to remove) any architectural, transportation, or communication barriers that prevent the access or limit the participation of persons because of their handicap; (3) failing or refusing to make a reasonable accommodation to permit a handicapped individual to have access to a program, activity, job, or opportunity; (4) imposing any unnecessary standard or criteria that screens out or places the handicapped at a disadvantage; and (5) denying services, programs, jobs, or other opportunities to any person because of that person's relationship to, or association with, a handicapped person. Permits the exclusion or denial of equal access to services, programs, jobs, or other opportunities to persons: (1) for reasons unrelated to the existence of their handicap; or (2) based upon the application of standards or criteria that are necessary and substantially related to the ability to perform essential components of the job, program, activity, or opportunity, and such performance can not be accomplished by a reasonable accommodation. States that it shall be an act of discrimination, in regard to housing, to discriminate in the sale or rental of a dwelling (or in the terms, conditions, or privileges of such sale or rental) to any buyer or renter because of the physical or mental impairment of: (1) the buyer or renter; (2) a person residing in, or intending to reside in, such dwelling; or (3) any person associated with the buyer or renter. States that it shall be an act of discrimination to: (1) refuse to permit reasonable modifications, at the expense of the handicapped person, to afford such person enjoyment of the premises; (2) refuse to make reasonable accommodation in rules, policies, practices, or services to afford handicapped individuals equal opportunity to use and enjoy the dwelling; or (3) fail to design and construct multifamily dwellings (after a specified date) which are not accessible to the handicapped. Provides certain limitations on the duties of accommodation and barrier removal. Sets forth guidelines for the establishment of requirements and promulgation of regulations by specified Federal entities with respect to: (1) the accessibility of buildings and transportation systems; (2) the implementation and enforcement of the requirements of this Act; (3) employment practices; (4) the sale and rental of housing; and (5) the removal of communication barriers. Establishes procedures for the administrative enforcement of the provisions of this Act. Establishes a civil right of action for individuals who are subjected to discrimination in violation of this Act.
United States · United States Congress · 29 April 1988
Amends the Toxic Substances Control Act to extend the deadline for local educational agencies to submit school asbestos management plans to their State Governors to April 12, 1989. Authorizes appropriations to the Environmental Protection Agency (EPA) for FY 1989 so that the EPA may provide grants to States to: (1) hire additional personnel to review asbestos management plans; (2) pay for the training of employees of schools or regional or intergovernmental educational entities to conduct school asbestos inspection and management activities; (3) reimburse local educational agencies or schools for excessive or unduly burdensome costs of contracts entered into before May 15, 1988, for asbestos inspection and management plan development services; and (4) reimburse each school for asbestos inspection and management plan development expenditures that exceed two percent of the school's total annual budget.
United States · United States Congress · 29 April 1988
Directs the U.S. Fish and Wildlife Service (the Service) to: (1) research and develop methods to accurately determine the number of migratory waterfowl that are harvested illegally each year in the United States; (2) develop a plan to increase its law enforcement presence and better coodinate its efforts with those of appropriate State agencies to halt such illegal harvesting; and (3) recommend whether specified wildlife conservation funds should be withheld from States that are not complying with the Service's regulations on illegal harvesting. Requires the Director of the Service to report on such findings to specified congressional committees within 90 days of enactment of this Act.
United States · United States Congress · 28 April 1988
Defense Savings Act - Directs the Secretary of Defense to: (1) close or realign military installations as recommended by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission; and (2) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines certain conditions to such closures or realignments, including timely notice to the Congress of the Secretary's decision to accept and implement all of the closures and realignments recommended by the Commission. Terminates the authority of the Secretary to carry out any closure or realignment as of October 1, 1995. Directs the Commission, no later than December 31, 1988, to transmit its report to the Secretary and to the appropriate congressional committees with a certification that it has identified all the military installations to be closed or realigned by reviewing all military installations inside the United States. Authorizes the Secretary to: (1) carry out appropriate action to implement any such closure or realignment; (2) provide appropriate economic adjustment and community planning assistance to communities affected by any such closure or realignment; (3) carry out appropriate activities for the purpose of environmental restoration; (4) sell or exchange any real property under the control of the Department of Defense and located at such an installation; and (5) deposit funds received from any such sale or exchange into the Department of Defense Base Closure Account. Outlines administrative procedures in connection with the sale or transfer of property in connection with a closure or realignment to a Federal, State, or local government entity. Requires the Secretary to include specified information concerning such closures or realignments as part of each annual request to the Congress for authorization of appropriations. Requires the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission and to report the findings and conclusions to the Commission and to the appropriate committees of the Congress no later than September 15, 1988. Requires the Secretary to notify the Congress in writing when a decision is made to carry out a construction project to facilitate a closure or realignment and the amount required for such project is greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account and authorizes appropriations to be transferred to such Account. Requires the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, to report to the appropriate congressional committees on the amount and nature of deposits into, and expenditures from, the Account during such fiscal year. Requires another report from the Secretary, no later than 60 days after the termination of the authority of the Secretary to carry out an alignment or closure under this Act, concerning funds used and remaining in such Account.
United States · United States Congress · 26 April 1988
Repeals provisions of the Revenue Act of 1987 that: (1) imposed an occupational tax on proprietors of distilled spirits plants, bonded wine cellars or warehouses, and tax-paid wine bottling houses; and (2) increased the occupational taxes on brewers, both wholesale and retail dealers in liquors and beer, manufacturers of tobacco products, export warehouse proprietors, and both importers and manufacturers of firearms.
United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 31 March 1988
Declares that all human beings, from the moment of conception and without regard to age, health, or condition of dependency, are persons entitled to the guarantees contained in the fifth, 13th, and 14th amendments to the Constitution. Prohibits abortion.
United States · United States Congress · 30 March 1988
Amends title XVIII (Medicare) of the Social Security Act to cover, on a reasonable charge basis, the services of a clinical psychologist which would otherwise be covered if furnished by a physician or as incident to a physician's service.
United States · United States Congress · 30 March 1988
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 29 March 1988
Designates the Federal office building located at the corner of Locust Street and West Cumberland Avenue in Knoxville, Tennessee, as the John J. Duncan Federal Office Building.
![Official portrait of Rep. Stangeland, Arlan [R-MN-7]](https://www.congress.gov/img/member/s000795_200.jpg)