United States · United States Congress · 23 March 1988
Omnibus Antidrug Abuse Act of 1988 - Title I: Drug Enforcement and Personnel Enhancement - Subtitle A: Asset Forfeiture Fund Amendments Act of 1988 - Department of Justice and Department of Treasury Assets Forfeiture Fund Amendments Act of 1988 - States that expenditures out of the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund shall not be scored as outlays which either increase or decrease the Federal budget deficit. Amends the Tariff Act of 1930 to provide that the Customs Forfeiture Fund shall be available to the U.S. Customs Service permanently. Authorizes the transfer of funds from the Department of Justice Assets Forfeiture Fund to the Building and Facilities account of the Federal prison system for the construction of correctional institutions, and to the Support of United States Prisoners in non-Federal Institutions account of the Department of Justice. Allows the Attorney General, with respect to the DOJ Assets Forfeiture Fund, and the Commissioner of Customs, with respect to the Customs Forfeiture Fund, to exempt the procurement of supplies and services under such funds if necessary to maintain the security and confidentiality of related criminal or civil investigations. Amends the Controlled Substances Act to require the Attorney General to ensure the equitable transfer of forfeited property to the appropriate State and local law enforcement agency or prosecutor's office. Subtitle B: State and Local Narcotics Control Assistance Act of 1988 - Part A: Establishment of the Bureau of Justice Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to: (1) develop an annual State and Local Strategic Drug Control Plan; and (2) publish and disseminate information on the condition and progress of drug control activities. Requires the Bureau to: (1) coordinate Federal, State, and local government efforts toward a national drug control strategy; (2) serve as the coordinating Federal agency with respect to the submission of State and local applications for grant-in-aid programs under the Antidrug Abuse Act of 1986; and (3) maintain a liaison with Federal agencies having drug control authority. Part B: Drug Control Formula Grant Program - Authorizes the Bureau to make grants to States having approved statewide drug control strategies for: (1) Zero Tolerance Enforcement Programs that effect heightened public awareness of and support for local drug control enforcement projects; (2) Multi-Jurisdictional Task Force Programs; (3) Drug Control Law Enforcement Training Programs; (4) Multi-Jurisdictional Intelligence and Data Sharing Programs; (5) Judicial Drug Control Training Programs; (6) Prison Treatment Programs; (7) Drug Treatment for Youthful Offenders Programs; and (8) Statewide and National Intelligence Systems Programs. Requires the executive officer of each participating State to designate a State drug control office to: (1) prepare applications to obtain funds under this Program; and (2) administer such funds. Requires the chief executive officer of each participating State to maintain a State Drug Control Board to: (1) analyze the drug control problems within the State; (2) prepare a statewide drug control strategy; (3) receive, review, and approve (or disapprove) applications from State agencies and units of local governments; (4) prepare annual reports containing assessments of the State drug control program; and (5) assure fund accountability, auditing, and evaluation of programs and projects funded under the Program. Permits the establishment of local drug control offices to prepare and coordinate drug control strategies and implement the provisions of this Act at the local level. States that each jurisdiction which is eligible to have a local drug control office shall establish local drug control boards to: (1) analyze the drug control problem within that jurisdiction; (2) prepare a jurisdiction-wide drug control strategy; (3) receive, review, and approve (or disapprove) applications from units of local government; and (4) prepare annual reports containing assessments of the drug control program. Directs the Bureau to establish a National Drug Control Assistance Coordination Board to provide for the representation of drug control agencies at the Federal, State, and local levels for the purpose of articulating national drug control priorities, programs, and resource needs. Sets forth: (1) State application procedures under the Program; (2) certain limitations on the use of Program funds for administrative expenses; and (3) procedures for the allocation and distribution of Program funds. Part C: Drug Control Discretionary Grant Program - Authorizes the Bureau to develop programs and make grants to public agencies and private nonprofit organizations for technical assistance, training, and national scope and demonstration projects in support of any of the purposes specified in part B of this subsection (Drug Control Formula Grant Program), and any purpose specified in the strategic drug control plan developed by the Bureau. Sets forth application requirements with respect to such program and procedures for the allocation and distribution of program funds. Provides that grants under this program shall be for a period not to exceed three years (may be extended for up to two years under certain circumstances). Part D: Targeted State and Local Strategic Drug Control Plan - Requires the Bureau to complete an annual National Strategic Drug Control Plan which targets the most critical drug control problems that are most effectively resolved at the State and local levels. Part E: Miscellaneous Amendments to Justice Assistance Act of 1984 - Allows Criminal Justice Facility Construction grants to cover 80 percent of the estimated costs of approved construction. (Current law allows such grants to cover 20 percent of such costs.) Part F: Administrative Provisions - Authorizes the Bureau to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subtitle. Directs the Bureau to prepare a "Program Brief" and an "Implementation Guide" for each of the programs and projects contained in the formula grant programs. States that the functions, powers, and duties specified in this subsection to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically authorized by the Congress. Allows the Bureau to arrange with and reimburse other Federal departments and agencies for the performance of functions under this subtitle only if the funds are to benefit the units of State and local government. Sets forth program and project evaluation and reporting requirements. Part G: Funding - Authorizes appropriations for FY 1989 through 1991 to carry out the grant programs authorized under this subtitle. Authorizes appropriations for FY 1989 for salaries and expenses of the Bureau. Authorizes appropriations for FY 1989 through 1991 for grants to State and local governments for the construction of correctional facilities. Part H: Relationship with the Justice Assistance Act of 1984 - Directs the Bureau to administer any funds available to it under the Omnibus Crime Control and Safe Streets Act of 1968 in such a manner as to compensate for the increase in cases resulting from apprehensions and accelerated prosecutions of persons accused of drug trafficking, possession, and related offenses. Encourages State and local jurisdictions to participate in funding under this Act. Subtitle C: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act to establish recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursor and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle D: Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the basic level of public safety officer death benefits. Removes the requirement that parent beneficiaries be dependents of the deceased officer. Establishes the National Advisory Commission on Law Enforcement to study the methods and rates of compensation of law enforcement officers. Requires the Commission to report the results of such study to the President and the Congress within six months of enactment of this Act. Subtitle E: Deportation of Convicted Foreign Drug Inmates - Violent Criminal Alien Deportation Act - Allows the Attorney General to order the deportation of any alien convicted of an aggravated violent felony. Allows the District Director of the Immigration and Naturalization Service for the district in which the alien was sentenced and convicted to issue the order of deportation on behalf of the Attorney General. Sets forth procedures for the appeal of such a deportation order. Subtitle F: Customs Enforcement Amendments Act of 1988 - Customs Enforcement Amendments Act of 1988 - Requires the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements prescribed by the Secretary of Commerce. Establishes civil penalties for violations of such requirements. Increases the penalties for failing to declare controlled substances brought into the United States. States that a declaration of forfeiture by a customs officer shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a U.S. District Court. Provides that title in such forfeited property shall be deemed to vest in the United States free of any liens or encumbrances (with certain exceptions). Allows the Secretary of the Treasury to retain forfeited property for official use. Allows the Secretary to transfer forfeited property to any Federal agency, to any State or local law enforcement agency, or to any foreign government that cooperates with the U.S. Customs Service in joint enforcement operations. States that any person who is convicted of a criminal offense under any law administered or enforced by the Customs Service involving the Bank Secrecy Act, Money Laundering Act, or the Controlled Substances Act shall be fined the reasonable costs of the investigation and prosecution. Authorizes the Secretary of State to make regulations prescribing procedures for marking the passports of those convicted of controlled substances offenses. Provides for the revocation of the passports of those convicted of a controlled substances violation, or any criminal violation of the Bank Secrecy Act or the Money Laundering Act. Establishes procedures for the reissuance of such passports. Grants the Secretary of the Treasury certain powers (including the power to subpoena witnesses and compel their testimony) which are necessary to the enforcement of laws relating to the importation or exportation of prohibited merchandise. Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to include in the definition of "racketeering activity" acts relating to: (1) the illegal exportation of munitions; (2) the illegal exportation of merchandise; (3) criminal violations of the Trading With the Enemy Act; or (4) criminal sanctions under the International Emergency Economic Powers Act. Amends the Federal Aviation Act of 1958 to provide civil penalties for failing to report the transfer of ownership of an aircraft to the Secretary as required under such Act. Subjects such aircraft to seizure and forfeiture. Subtitle G: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes additional appropriations for FY 1989 for the: (1) Coast Guard for drug enforcement personnel; (2) U.S. Customs Service for drug enforcement personnel; (3) Immigration and Naturalization Service Border Patrol for drug interdiction personnel; (4) Immigration and Naturalization Service for criminal investigator personnel, and for the Organized Crime Drug Enforcement Task Force in New York City; (5) Bureau of Alcohol, Tobacco, and Firearms; (6) Drug Enforcement Administration; (7) Federal Bureau of Investigation (FBI) for drug enforcement personnel; (8) U.S. Marshals Service; and (9) Federal Prison System. Subtitle H: Miscellaneous Law Enforcement Provisions - Authorizes rewards to be paid for assisting in, or furnishing information which leads to, the capture of an escaped Federal prisoner or a person who has violated parole or probation or defaulted on bail bond. Makes it unlawful for any person to carry a dangerous weapon into a Federal courthouse. Authorizes the Attorney General to make payments for the support of U.S. prisoners in non-Federal institutions. Title II: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: International Drug Eradication Improvement Program - Establishes within the Department of State, under the Office of International Narcotics Matters, an International Special Operations Drug Eradication Squadron to: (1) provide special assistance to drug source countries who request drug eradication assistance; and (2) participate in joint international drug eradication operations in drug source countries. Authorizes appropriations for FY 1989 for the International Narcotics Matters program at the Department of State for the procurement and maintenance of aircraft and for Squadron personnel. Directs the Secretary of State to establish guidelines and procedures to govern the deployment of the Squadron. Subtitle B: International Narcotics Matters Improvement and Special Assistance Programs - Establishes under the Agency for International Development (AID) a special economic assistance incentive grant program to provide assistance to drug source countries that meet specific eradication goals during FY 1989, 1990, and 1991. Sets forth grant eligibility requirements. Authorizes appropriations for FY 1989 through 1991 for AID. Requires the Comptroller General of the United States to monitor such program. Requires the Attorney General, the Director of AID, and representatives of the House and Senate to meet at the start of FY 1991 to consider whether such program should be continued beyond FY 1991. Subtitle C: Amendments to Foreign Assistance Act of 1961, as Amended - Amends the Foreign Assistance Act of 1961 to list additional factors to be considered by the President when determining whether to certify that a foreign country is cooperating with the United States in its international narcotics control efforts. Subtitle D: International Narcotics Matters Authorization of Appropriations - Authorizes appropriations for FY 1989 and 1990 for the economic assistance incentive grant program. Earmarks specified amounts of FY 1989 and 1990 appropriations for: (1) developing safe and effective herbicides for use in the aerial eradication of coca; (2) the procurement of weapons to defend aircraft involved in narcotics control efforts; and (3) pilot and aircraft maintenance training for narcotics control activity. Provides that funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking may be reallocated to countries which take such steps. Lists additional requirements (regarding coca production, possession, and distribution) which must be met by Bolivia before receiving FY 1989 assistance. Limits FY 1989 and 1990 international narcotics control assistance for Mexico. Withholds $1,000,000 of such assistance until Mexico has fully investigated (and prosecuted those responsible for) the murder, detention, and torture of certain Drug Enforcement Administration (DEA) agents. Directs the Assistant Secretary of State for International Narcotics Matters to provide more narcotics control assistance to those drug-transit countries which are not "major drug-transit countries" and which are cooperating with the United States in its international narcotics control efforts. Authorizes additional funding for activities aimed at increasing awareness of the efforts of production and trafficking of illicit narcotics in source and transit countries. Directs the Secretary of State and the Attorney General to develop a model extradition treaty with respect to narcotics-related violations, a model legal assistance treaty, and model comprehensive anti-narcotics legislation. Subjects any transfer by the United States of property seized or forfeited in connection with narcotics-related activities to a foreign country for narcotics control purposes to the regular reprogramming procedures applicable under the Foreign Assistance Act of 1961. Requires that the annual narcotics control reports include: (1) a description of the assistance provided by the DEA and the Customs Service to each country; (2) a description of the assistance provided by each country to the DEA and Customs Service; (3) an expression, in numerical terms, of achievable reductions in illicit drug production; and (4) a description of U.S. assistance denied to each major illicit drug producing and drug-transit country. Subtitle E: Latin American Antidrug Strike Force - Expresses the sense of the Congress that: (1) the operations of international illegal drug smuggling organizations pose a threat to the national security of the member states of the Organization of American States (OAS); (2) illegal international drug smuggling organizations threaten to overwhelm small nations; (3) members of OAS should coordinate their efforts to fight the illegal drug trade; (4) the formation of a multinational strike force to conduct operations against illegal drug smuggling organizations is necessary; (5) the United States should initiate diplomatic discussions to achieve an agreement to establish and operate the Latin American Antidrug Strike Force; and (6) the United States stands ready to provide equipment, training, and financial resources to support the Strike Force, but believes that Strike Force personnel should be provided by those states facing the most serious threat. Establishes the position of Ambassador at Large and Coordinator for Western Hemisphere Antidrug Efforts to: (1) coordinate the efforts of all U.S. bureaus and agencies involved in antidrug efforts; (2) report to the Secretary and to the Chairman of the National Drug Policy Board on the effectiveness of the operations and level of cooperation of such bureaus and agencies; (3) be a member of all interagency groups with authority or oversight over U.S. international drug policy or operations; (4) undertake diplomatic discussions with OAS members regarding the formation of a multinational strike force intended to conduct operations against international illegal drug trafficking organizations in the Western Hemisphere; and (5) seek to secure participation in the strike force by those Western Hemisphere states most threatened by international illegal drug trafficking organizations. Directs the Secretary to report to specified congressional committees on the progress made toward establishing the multinational strike force. Requires the Secretary of Defense to develop a plan for the establishment, training, equipping, and operation of the multinational strike force. Title III: Drug Interdiction Asset Improvement and Enhancement - National Drug Interdiction Asset Improvement and Enhancement Act of 1988 - Subtitle A: Coast Guard - Authorizes appropriations for FY 1989 for the Coast Guard for the procurement of marine and air drug interdiction assets. Subtitle B: United States Customs Service - Authorizes appropriations for FY 1989 for the U.S. Customs Service for the procurement, operation, and maintenance of certain drug interdiction assets. Subtitle C: Department of Defense Drug Interdiction Assistance - Department of Defense Drug Interdiction Assistance Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Defense for the enhancement of drug interdiction assistance activities. Subtitle D: Drug Enforcement Administration - Authorizes appropriations for FY 1989 for the DEA for the establishment of an International Drug Interdiction helicopter force and for the enhancement of the El Paso Intelligence Center. Subtitle E: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the Department of Justice for the procurement of drug interdiction-related equipment for Border Patrol drug enforcement personnel. Subtitle F: Establishment of Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force - Establishes an Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force to: (1) conduct a joint drug interdiction operation between ports of entry along the southwest border of the United States, from Texas to California; (2) assist and augment other law enforcement agencies along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers; and (3) assist State and local law enforcement officials along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers. Authorizes appropriations for FY 1989 for the Department of Justice for such task force. Subtitle G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subtitle H: Special Drug Interdiction Support - Authorizes appropriations for FY 1989 for Puerto Rico, Jamaica, the Dominican Republic, and Hawaii for special drug interdiction support. Requires the recipients of special drug interdiction assistance to submit periodic reports to the Congress regarding the status of the procurement of resources and related operation and maintenance expenditures authorized under this subtitle. Title IV: Demand Reduction - Subtitle A: Treatment and Rehabilitation - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to establish drug abuse demonstration projects for the treatment and rehabilitation of drug dependent offenders who could otherwise be subject to incarceration. Authorizes appropriations for FY 1989 through 1991 to carry out such projects. Subtitle B: Alcohol and Drug Abuse Treatment and Rehabilitation - Alcohol and Drug Abuse Treatment and Rehabilitation Improvement Act of 1988 - Authorizes appropriations for FY 1989 through 1991 for the basic Alcohol, Drug Abuse and Mental Health Block Grant Program. Requires that at least 49 per cent of such appropriations be made available for alcohol and drug abuse programs. Authorizes appropriations for FY 1989 through 1991 for substance abuse emergency drug treatment programs to be targeted to those States and communities where the substance abuse problem is most acute. Requires that all States eligible to receive basic and emergency Alcohol, Drug Abuse, Mental Health Block Grants develop Statewide substance abuse treatment facilities plans. Allows such States to expend up to 1.5 percent of their grants to develop and prepare such plans, and up to 40 per cent of such grants to acquire, construct, or renovate such facilities. Subtitle C: Amendments to the Drug-Free Schools and Communities Act - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Makes technical amendments to such Act with respect to eligibility, application, and reporting requirements. Title V: National Drug Enforcement Agency Reorganization and Coordination - Subtitle A: Establishment of Office of Enforcement and Border Affairs in Department of Treasury - National Border Coordination and Reorganization Act of 1988 - Part A: Establishment and Officers - Establishes within the Department of the Treasury the Office of Enforcement and Border Affairs which shall consist of: (1) the Office of the Assistant Secretary of the Treasury for Enforcement; and (2) the Coast Guard. Provides that the Office of Enforcement and Border Affairs shall be headed by the Under Secretary of the Treasury for Enforcement and Border Affairs. Establishes within the Office of Enforcement and Border Affairs: (1) the Office of Border Management Affairs, which shall be headed by the Assistant Secretary of the Treasury for Border Management Affairs; and (2) the Office of Narcotics Interdiction, which shall be headed by the Assistant Secretary of the Treasury for Narcotics Interdiction. Part B: Transfer of the Coast Guard to Office of Enforcement and Border Affairs - Transfers the Coast Guard from the Department of Transportation to the Office of Enforcement and Border Affairs of the Department of the Treasury. Subtitle B: Department of Defense Drug Interdiction Reorganization - Establishes within the Office of the Assistant Secretary of Defense for International Security Affairs the position of Deputy Assistant Secretary of Defense for International Drug Interdiction and Enforcement to supervise Department of Defense drug interdiction and enforcement activities. Title VI: Research and Development for Law Enforcement Agencies - Subtitle A: Establishment of New Research and Development Programs to Assist Federal Law Enforcement Agencies - Directs the Attorney General to establish a Research and Technology Group under the National Drug Policy Board to review the research, development, technology, and evaluation programs of the Department of Defense and development programs of other nondefense Federal agencies to assist their applicability to the operations, programs, and missions of the Federal law enforcement agencies. Directs the Attorney General to establish a Research, Technology and Acquisition Advisory Board to make recommendations to the National Drug Policy Board through the Research and Technology Group. Requires the President to designate and establish within existing facilities of the Department of Defense, the Department of Justice, the Department of Energy, the National Security Agency, and the Central Intelligence Agency, at least eight new National Technology Centers to develop technologies for application to Federal law enforcement missions. Redesignates certain existing Government facilities as National Technology Development Centers. Requires the Comptroller General of the United States to monitor the establishment of such centers. Subtitle B: Cargo Container Drug Detection Research and Development - Authorizes appropriations for FY 1989 for the U.S. Customs Service for accelerating the development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection of illegal narcotics in cargo containers entering the United States. Title VII: Drug Enforcement Training Improvement - Subtitle A: The Federal Law Enforcement Training Center Improvement Act of 1988 - Federal Law Enforcement Training Center Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center to increase the level of drug enforcement training. Authorizes appropriations for FY 1990 and 1991 for the Federal Law Enforcement Training Center. States that support for the State and local law enforcement training program and the training programs for drug enforcement officers from foreign countries shall be maintained at no less that the FY 1989 level during such years. Directs the Secretary of the Treasury to expand the advanced training programs for Federal law enforcement agencies at the Marana, Arizona, satellite facility of the Federal Law Enforcement Training Center. Requires the Secretary to submit reports to the appropriate congressional committees on such expansion. Subtitle B: Department of Justice Training Facilities Improvement Act of 1988 - Department of Justice Training Facilities Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Justice for existing law enforcement training facilities. Authorizes appropriations for FY 1989 for the expansion of such facilities and for new Department training facilities. Directs the Attorney General to report to the appropriate congressional committees on plans for improving such facilities. Subtitle C: Federal Law Enforcement Language Training Improvement Act of 1988 - Authorizes the Department of Defense to provide foreign language training at the Defense Language Institute to special agents of Federal civilian agencies involved in drug law enforcement. Authorizes the Department of State to provide similar training at the Foreign Service Institute. Authorizes the Drug Enforcement Administration, the Customs Service, and the Immigration and Naturalization Service to: (1) detail investigative personnel to such Institutes; and (2) reimburse the Departments of Defense and State for the cost of such training. Authorizes appropriations for the Customs Service, the Drug Enforcement Administration, and the Immigration and Naturalization Service for such training. Subtitle D: Authorization of Appropriations for Special Training Centers - Requires the Director of the Bureau of Justice Assistance to establish a national training center in El Reno, Oklahoma, for the training of Federal, State, and local prison officials in drug rehabilitation programs. Establishes the National Advisory Panel on Prison Rehabilitation Programs to oversee the operation of such center. Authorizes appropriations for FY 1989 for such center. Title VIII: Drug Testing in the Private Sector - Prohibits any employer in interstate commerce, on the basis of a drug test administered to an applicant or employee (unless the drug test is conducted in a laboratory which meets specified requirements), from: (1) refusing to hire an applicant for employment; (2) taking adverse action against an employee; or (3) discharging an employee. Subjects any employer who takes such prohibited actions to civil penalties. Title IX: Congressional Policy Regarding Additional Funding for Fiscal Year 1989 for Antidrug Abuse Programs - States how the levels of new budget authority and outlays required to carry out the programs, activities, and initiatives contained in this Act shall be accommodated in the budget process.
United States · United States Congress · 22 March 1988
Montgomery GI Bill Amendments of 1988 - Directs the Administrator of Veterans Affairs to make payments to veterans who are entitled to veterans' educational assistance but who have become so physically or mentally handicapped that such individuals are unable to utilize such educational assistance. Directs the Administrator to make such payments to a qualifying veteran's survivors in the event of a veteran's death while on active duty or within six years of such individual's discharge, according to a certain order of priority. Deducts the amount of educational assistance received by the veteran before enactment of this Act from the amount to be paid under this Act. Authorizes entitlement to basic educational assistance for veterans who are discharged or released from active duty for a disability that existed before becoming or entering into active duty as a member of the armed forces. (Currently, such entitlement is limited to those discharged or released for either a service-connected disability or for hardship.) Authorizes the same entitlement for members discharged or released from the Selected Reserve. Authorizes the Administrator to approve the pursuit of flight training by an individual entitled to basic educational assistance if such training meets conditions specified in this Act. Specifies the amount of flight assistance to be provided. Directs the Administrator to pay educational assistance for refresher courses in the individual's area of education, deficiency courses, or other preparatory or special educational assistance necessary to enable the individual to pursue an approved program of education. Limits the length of such payments for refresher courses. Allows an individual currently on active duty who originally chose not to receive basic educational assistance to enroll in such program within 60 days after the enactment of this Act. Outlines provisions relating to the implementation of such enrollment, including "catch-up" payments or deductions from pay in order to receive such educational assistance. Requires a certain minimum payment or pay deduction before an individual becomes so qualified. Directs the Secretary of each military department to inform individuals of the opportunity to enroll for such assistance under this Act. Prohibits the payment of any basic educational assistance to members of the Selected Reserve until such members have completed their initial periods of active duty for training required by the military department concerned. (Currently, such members must complete such training plus serve in the reserves for at least 180 days before being eligible.) Authorizes the Administrator to approve the pursuit of flight training by a member of the Selected Reserve who is entitled to basic educational assistance, if such training meets conditions specified in this Act. Specifies the amount of flight assistance to be provided. Provides that educational assistance may only be provided for an approved program of education for purposes of the All-Volunteer Force Educational Assistance Program. (Currently, such assistance may be provided for a program of education at an institution of higher learning and may not be provided for post-graduate study.) Limits the amount of monthly educational assistance to be provided to an individual pursuing a full-time program of apprenticeship or other on-the-job training. Reduces the amount of assistance provided in any month in which such individual fails to complete at least 120 hours of training. Provides a limited educational assistance payment as determined by the Administrator for individuals participating in a less-than-half-time pursuit of a program of education. Provides that an individual serving in the Selected Reserve may not receive credit for such service under both veterans' educational assistance provisions and the All-Volunteer Force Educational Assistance Program, but shall instead elect the program to which such service is to be credited. Revises provisions concerning the time limitation applicable for the use of basic educational assistance by a member of the Selected Reserve who is separated from such service because of a disability incurred on or after the date on which such person became entitled to educational assistance. Directs the Secretary of Defense, at the request of the Administrator, to transmit a notice of entitlement for each such person becoming eligible for educational assistance to the Administrator.
United States · United States Congress · 16 March 1988
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents, certain veterans, Federal employees' health benefits, and Federal penal and correctional institutions to provide that services related to abortion be made available in the same manner as are other pregnancy-related services under federally funded programs.
United States · United States Congress · 16 March 1988
Amends Federal law to direct the President to annually proclaim the first Thursday in May as a National Day of Prayer. (Current law directs the President to set aside and proclaim a suitable day each year, other than a Sunday, for such purpose.)
United States · United States Congress · 16 March 1988
Requests the President to issue a proclamation commemorating the 50th anniversary of the Javits-Wagner-O'Day Act, which occurs on June 25, 1988. (The Javits-Wagner-O'Day Act, formerly known as the Wagner-O'Day Act, provides employment and ancillary support services to blind and handicapped individuals.)
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
United States · United States Congress · 15 March 1988
Condemns the failure of the National Governing Council of Haiti to support a constitutional transition to democracy, to provide security for the Haitian people, and to respect internationally recognized human rights. Declares it to be the policy of the United States to: (1) demonstrate the disapproval of the United States of those elements in Haiti responsible for the failure to restore genuine democratic government in accordance with the Haitian Constitution (approved March 29, 1987); (2) encourage a transition to democracy through the holding of free and fair elections; (3) promote respect for human rights in Haiti; (4) continue to support efforts of the Haitian people to achieve economic development and social justice; (5) deny benefits to the Government of Haiti until there has been a transition to democracy; and (6) recognize that Haiti is a major point for the transshipment of illicit drugs. Suspends the provision of any type of foreign assistance to Haiti. Allows an exception for specified types of assistance, including emergency and humanitarian assistance. Provides that the United States shall use its vote and influence in relevant international financial institutions to oppose any loan or any extension of financial or technical assistance to Haiti, unless such assistance is directed to programs which serve the basic human needs of the citizens of Haiti. Prohibits the extension of certain trade benefits to Haiti, including: (1) treatment as a beneficiary country for purposes of the Caribbean Basic Economic Recovery Act; (2) treatment as a beneficiary developing country for purposes of the Generalized System of Preferences; and (3) specialized tariff treatment of articles exported to and returned from Haiti. Prohibits the importation from Haiti of any sugars, sirups, or molasses whenever any limitation is otherwise imposed on such importation. Prohibits the selling or leasing of any defense articles or defense services to Haiti under provisions of the Arms Export Control Act. Requires any U.S. Government agency to: (1) take into account the general policy of the United States to deny benefits to Haiti until a transition to democracy has occurred before taking any action with respect to Haiti that is not explicitly addressed by this Act; and (2) report to the Congress any decision to take such action. Requires the President to develop and transmit to the Congress a comprehensive plan for supporting individuals and institutions in Haiti committed to advancing democracy. Specifies the objectives to be considered in developing such a plan. Terminates sanctions imposed by this Act only after the Congress: (1) determines that the Haitian Constitution is being fully adhered to by a Government chosen in free elections; and (2) repeals such sanctions. Allows the President to suspend certain sanctions temporarily if he certifies to the Congress that Haiti is making significant progress toward establishment of a democratic government. Requires the President to periodically report to the Congress on the progress made toward the policy objectives of this Act. Requires the President to submit a report to the Congress which: (1) explains why Haiti has not been treated as a major-drug-transit country for purposes of the Foreign Assistance Act of 1961 and the Trade Act of 1974; and (2) states whether Haiti cooperated fully with respect to illicit drug trafficking. Repeals existing restrictions on assistance to Haiti as contained in the Foreign Operations, Export Financing, and Related Programs Act, 1988.
United States · United States Congress · 14 March 1988
Expresses the sense of the House of Representatives that FY 1989 funding for Federal-aid highway and mass transit programs should be at levels established by the Surface Transportation and Uniform Relocation Assistance Act of 1987.
United States · United States Congress · 10 March 1988
AIDS Health Care Financing Act of 1988 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act to extend the maximum required period of continuation coverage of group health plans from 18 months to 29 months for an individual determined, under title II (Old Age, Survivors and Disability Insurance) or title XVI (Supplemental Security Income) of the Social Security Act, to have been disabled at the time of termination or reduction in hours. Increases the premium which plans are permitted to require for continuation coverage from 102 percent to 152 percent of the applicable premium for the period for any month after the 18th month of continuation coverage after terminations, reduced hours, or multiple qualifying events. Amends title XIX (Medicaid) of the Social Security Act to permit States to pay expenses of an individual eligible for benefits under its plan for premiums, deductibles, coinsurance, or similar costs for health coverage offered by the individual's employer, including continuation coverage. Directs the Secretary of Health and Human Services to provide for a three-year program of grants to States to assist in paying premiums, deductibles, coinsurance, and similar costs for continuation coverage for individuals who were disabled at the time of termination of employment. Sets forth reporting requirements. Authorizes appropriations for FY 1989 through 1991. Provides that when the Secretary allows a State Medicaid plan to provide for payment for individuals with acquired immune deficiency syndrome (AIDS) or an AIDS-related condition, for home or community-based services such as home health care, personal care services, case management services, outpatient mental health treatment, and outpatient substance abuse treatment, the Federal medical assistance percentage shall not be less than 75 percent. Declares that nothing in title XIX of the Social Security Act shall be construed as preventing a State from establishing differential payment rates for providers to reflect the additional costs of providing services to patients with AIDS or an AIDS-related condition. Directs the Secretary to provide for up to four Regional AIDS Treatment Demonstration Projects for individuals with AIDS and AIDS-related conditions in areas which do not have a disproportionate number of such individuals. Requires the projects to incorporate innovative approaches to the delivery of necessary services, particularly focusing on community-based services. Requires each project to provide for case management services and community-based services. Sets forth considerations in selection of projects. Authorizes appropriations for FY 1989 through 1991. Sets forth reporting requirements. Directs the Secretary to establish up to six Demonstration HIV Monitoring and Treatment Centers for individuals diagnosed as infected with a virus related to the development of AIDS but who have not developed AIDS. Sets forth terms and conditions relating to the imposition of charges for services, the development of model clinical treatment plans, and confidentiality of records. Sets forth reporting requirements. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to provide financial assistance to up to four local projects which have established AIDS prevention and treatment services to permit the projects to assist entities in developing and establishing similar local projects in other areas. Allows the assistance to be used for staff, overhead, and the preparation and reproduction of educational materials. Prohibits use of the assistance for AIDS prevention and treatment services. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to provide financial assistance to local governments which demonstrate a disproportionate share of: (1) residents with AIDS or an AIDS-related condition; or (2) expenditures from local funds for treatment of such syndrome or condition. Sets forth reporting requirements. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 10 March 1988
Title I: Housing and Urban Development - Makes FY 1988 supplemental appropriations for the following Department of Housing and Urban Development homeless programs authorized by the Stewart B. McKinney Homeless Assistance Act: (1) single room occupancy dwelling rehabilitation; (2) emergency shelter grants; (3) supportive housing demonstration program; and (4) supplemental assistance for facilities to assist the homeless. Makes FY 1988 supplemental appropriations for the Federal Emergency Management Agency's emergency food and shelter program. Title II: Health and Human Services - Makes FY 1988 supplemental appropriations for the following Department of Health and Human Services homeless programs authorized by the Stewart B. McKinney Homeless Assistance Act: (1) health services; (2) community mental health services (alcohol, drug abuse, and mental health); and (3) emergency community services.
United States · United States Congress · 10 March 1988
Expresses the sense of the Congress that the Secretary of Transportation (the Secretary) should: (1) investigate the management of Texas Air Corporation and Eastern Air Lines since the acquisition of Eastern by Texas Air to determine (according to prescribed guidelines) the effect of such management upon the public interest; (2) use the investigation findings as a basis for decisions in pending and future cases involving proposed changes in domestic and international operations of Eastern; (3) not authorize the operation of any entity as a subsidiary of Texas Air in performing any air transportation operations until completion of a review to determine whether such performance is consistent with the public interest; (4) not authorize any Texas Air subsidiary to engage in air transportation until the application for such certificate has been reviewed; (5) not authorize Orion Air to provide contract services with Eastern unless Orion establishes conclusively its capability of conducting such operations with the highest degree of safety; (6) not expedite consideration of Orion's request to operate under contract with Eastern by diverting employees of the Department of Transportation or the Federal Aviation Administration from their responsibilities of ensuring the safety of previously authorized operations; and (7) require, as a condition of any approval of Orion's request to operate under contract with Eastern, that purchasers of tickets for such service must be informed at the time of making reservations of the identity of the carrier having operational responsibility for such service.
United States · United States Congress · 9 March 1988
Declares that the President should: (1) posthumously award the Presidential Medal of Freedom to Charles E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their efforts to document the Afghan struggle for freedom; and (2) present the award to those individuals' families on March 21, 1988, the start of the new year in Afghanistan.
United States · United States Congress · 3 March 1988
Authorizes the Attorney General to establish the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service for career employees in such agencies. Limits the annual pay for such positions to level I of the Executive Schedule.
United States · United States Congress · 2 March 1988
Expresses the sense of the Congress that the Federal Reserve Board should take steps to prevent electronic fund transfers between financial institutions in Panama and financial institutions in the United States until the President certifies (pursuant to the Foreign Assistance Act of 1961) that Panama has cooperated fully with the United States in preventing illegal traffic in drugs.
United States · United States Congress · 1 March 1988
Women in Development Act of 1988 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 1 March 1988
AIDS Youth Education Act of 1988 - Amends part B (Federal-State Cooperation) of title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for educating and counseling certain youths with respect to the prevention of exposure to, and the transmission of, the etiologic agent for acquired immune deficiency syndrome (AIDS). Describes the youths as those who: (1) are homeless; (2) are unemancipated minors away from home for a significant period without parental consent; (3) engage in intravenous substance abuse or in prostitution; (4) are homosexual or bisexual males; or (5) engage in sexual activity with such unemancipated minors or with any individual who is homeless, engages in intravenous substance abuse or prostitution, or is a bisexual or homosexual male. Sets forth preferences in making grants. Requires applicants to agree to: (1) provide outreach services for the youths; and (2) use educational materials and confidential counseling procedures that are appropriate for the age and cultural context of the youths and that emphasize the behavioral changes necessary to prevent exposure to, and the transmission of, the etiologic agent for AIDS. Permits grantees to expend the grant to train individuals to carry out the education and counseling provided for in this Act. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 29 February 1988
Defense Production Act Amendments of 1988 - Amends the Defense Production Act of 1950 to restate the defense mobilization preparedness policy of the United States. Places the Federal Emergency Management Agency (FEMA) in charge of coordinating the efforts to maintain geographical dispersion of defense facilities. (Currently, the Office of Defense Mobilization is in charge of such effort.) Requires executive agencies and departments responsible for defense acquisition to continuously assess the capability of the defense industrial base to satisfy near-term and mobilization production requirements. States that plans and programs to carry out the policy stated above shall duly consider the promotion of efficiency and competition. Repeals as inconsistent with changes made under this Act the National Commission on Supplies and Shortages Act of 1974. Expresses certain congressional findings disapproving the growing U.S. dependency on foreign sources for parts and materials used to manufacture major weapons systems for our national defense, and requests the strengthening of the industrial capability of the United States to independently produce its major weapons systems. Directs the President, in exercising his industrial defense preparedness authority, to limit the production of existing and new weapons to domestic manufacturing and assembly sources: (1) within five years following the enactment of this Act; and (2) until domestic sources can meet defense production needs for six months following any declaration of war. Authorizes the President to waive such domestic-production requirement only after considering in each case an economic and defense production impact assessment. Authorizes the President to use certain existing incentives to implement these provisions, subject to specified limitations. Directs the President to designate those industries deemed to be critical to the U.S. defense industrial base, to be given first priority for assistance under this Act for the modernization of manufacturing facilities and equipment and the production of materials. Directs the President to seek to develop the domestic production of materials, services, and skills affecting a critical industry that are in short supply. Authorizes assistance to be provided only to small and medium-sized businesses, unless the President otherwise formally notifies the Congress that the interests of national defense require an exception to such limitation.
United States · United States Congress · 24 February 1988
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1988, as Baltic Freedom Day. Authorizes and requests the President to submit the issue of the Baltic Republics to the United Nations.
United States · United States Congress · 23 February 1988
Authorizes the Secretary of the Interior, in order to provide for water conservation, to: (1) construct a new lined canal or to line the presently unlined portions of the All-American Canal of the Boulder Canyon Project; and (2) implement measures to replace incidental fish and wildlife values foregone. Provides that the water conserved by the project shall be available for beneficial consumptive use within California as specified in existing water delivery contracts. Entitles participating contractors to a proportionate share of the water conserved. Directs the Secretary to study the impact of the project on the operation and maintenance of the existing All-American Canal and its Coachella Branch and to provide for certain additional costs if necessary. Requires the cost of the project to be paid from funds advanced by the participating contractors and in accordance with terms and conditions acceptable to the Secretary. Provides that title to all constructed facilities shall rest with the United States, subject to disposal by the Secretary at his discretion as permitted under certain existing repayment contracts.
United States · United States Congress · 9 February 1988
Indian Housing Act of 1988 - Amends the United States Housing Act of 1937 to establish a separate assisted housing program for Indians and Alaska Natives. Directs the Secretary of Housing and Urban Development to carry out a mutual help homeownership opportunity program for Indians and Alaska Natives. Authorizes the Secretary to provide financial assistance to Indian housing authorities (IHA) for such purpose. Requires a participating family to enter into a mutual help and occupancy agreement with the IHA which shall provide for: (1) a family contribution of land, labor, cash, or materials of at least $1,500 (which may be made by the tribe on behalf of the family); (2) monthly payments based either on adjusted income or certain operating expenses; (3) maintenance of the dwelling and utilities; and (4) homeownership opportunities. Directs the Secretary to consider public housing prototype costs in determining maximum IHA contributions. Authorizes the Secretary, to the extent provided in appropriation Acts, to provide advances to related facilities and services. Requires reimbursement agreements to be made with the appropriate entities before advances may be made. Defines "Indian" to mean any person recognized as being an Indian or Alaska Native by an Indian tribe, the Federal Government, or any State.
United States · United States Congress · 2 February 1988
Community Housing Partnership Act - Title I: Housing Education and Organizational Support Grants for Community Based Housing Projects - Authorizes the Secretary of Housing and Urban Development to provide housing education and organizational support grants directly to nonprofit organizations or indirectly to States and cities to assist such organizations. Authorizes permanent appropriations beginning with FY 1989. Title II: Community Housing and Partnership Grants - Authorizes the Secretary to provide community partnership grants directly to nonprofit organizations or indirectly to States and cities to assist such organizations. Divides appropriations among: (1) urban community housing partnership grants (60 percent); (2) State community housing partnership grants (30 percent); and (3) direct community housing partnership grants (ten percent). Sets forth the following eligible activities: (1) technical assistance and site control loans; (2) seed-money loans; (3) matching grants or loans; and (4) program-wide technical and management assistance for nonprofit sponsors. Sets forth rental project and home ownership eligibility provisions, including: (1) occupancy by lower income families; (2) profit limitations; (3) funding coordination; (4) tax treatment; and (5) affirmative action requirements. Authorizes permanent appropriations beginning with FY 1989. Title III: General Provisions - Defines specified terms for purposes of this Act.
United States · United States Congress · 28 January 1988
Air Travel Rights for Blind Individuals Act - Amends the Federal Aviation Act of 1958 to preclude an air carrier from establishing aircraft seating restrictions based upon a passenger's visual acuity or use of a white cane or dog guide or other such means of assistance.
United States · United States Congress · 27 January 1988
Postal Service Disadvantaged Business Procurement Act of 1988 - Establishes in the United States Postal Service an Office of Disadvantaged Business Utilization to implement the goals, objectives, and purposes of this Act. Provides for the Office to be headed by a Director of Disadvantaged Business Utilization (Director). Requires the Postmaster General, after consultation with the Director, to establish annual goals for the participation by disadvantaged business concerns in procurement contracts of the Postal Service. Requires goals for prime contract awards of not less than: (1) ten percent for disadvantaged business concerns owned and controlled by other than women; and (2) five percent for disadvantaged business concerns owned and controlled by women. Sets forth the procurement authorities of the Postal Service so that it can assure that a fair proportion of total purchases for contracts for property and services are placed with disadvantaged business concerns. Authorizes the Postal Service to set aside or reduce procurement requirements for such concerns. Authorizes the Postal Service to enter into single-source negotiations with disadvantaged business concerns for the award of any contract under specified circumstances. Requires such contracts to result in a cost to the Postal Service that is fair and reasonable and that does not exceed the estimated current fair market price of the work to be performed. Entitles a disadvantaged business concern, if the Postal Service withdraws a procurement requirement because the prices offered by the concern exceed the current fair market price: (1) to a written statement, upon its request, from the Postal Service on the method used to estimate the current fair market price; and (2) to protest the use of such method to the Director. Declares the Director's decision on the protest to be conclusive. Prohibits a procurement officer from precluding any disadvantaged business concern or group of concerns from being awarded a contract on any basis dealing with the responsibility of the offeror without referring the matter for a final disposition to the Director. Requires the Postal Service to provide for prompt and expeditious payments due to disadvantaged business concerns. Requires the Postal Service to require its prime contractors to ensure timely payments to such concerns. Requires a clause in all Postal Service contracts that states the policy of the Postal Service with respect to small business concerns owned and controlled by socially and economically disadvantaged individuals, and that the contractor agrees with such policy. Exempts from such requirement any contract which: (1) does not exceed $10,000; (2) will be performed outside the United States (and all the subcontracts under such contract); or (3) is for personal services. Requires certain contracts which are awarded through other than the sealed bid method of procurement to contain a clause notifying potential offering companies of the provisions of this Act relating to such contracts. Requires the apparent successful offeror to negotiate with the procurement authority a subcontracting plan with specified contents before the Postal Service awards any contract, or any amendment or modification to any contract already let, which: (1) is to be awarded, or was let, through other than the sealed bid method of procurement; (2) is required to include the clause on Postal Service policy with respect to disadvantaged business concerns; (3) may exceed $1,000,000 in the case of a contract for the construction of a postal facility, or $500,000 in the case of all other contracts; and (4) offers subcontracting possibilities. Provides that if the apparent successful offeror fails to negotiate such subcontracting plan, then the offeror shall become ineligible to be awarded the contract. Prohibits the awarding of a contract to any offeror unless the procurement authority determines that the subcontracting plan provides the maximum practicable opportunity for disadvantaged business concerns to participate in the contract's performance. Authorizes the Postal Service to provide such incentives as may be deemed appropriate in order to encourage subcontracting opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals, except with respect to contracts let pursuant to other than the sealed bid method. Requires certain contracts to be awarded under the sealed bid method of procurement to contain a clause requiring the incorporation of a subcontracting plan. Makes the bidder selected to be awarded such contract ineligible if it fails to submit the subcontracting plan. Describes the subcontracting plan to be incorporated into contracts let under this Act with respect to providing opportunities for disadvantaged business concerns. Declares that the failure of any contractor or subcontractor to comply in good faith with the clause stating the policy of the Postal Service with respect to disadvantaged business concerns shall be a material breach of contract. Declares that any contract that does not contain a required subcontracting plan shall be considered void. Sets forth the duties of the Director with respect to subcontracting plans. Sets forth penalties for any person who makes or uses any document, writing or entry knowing it to be false for the purpose of obtaining a contract or subcontract let, or to be let, under this Act. Directs the Postal Service to establish annual goals specifically for funding agreements for research or research and development with disadvantaged business concerns. Authorizes each disadvantaged business concern to elect to retain title to any invention first conceived or first actually reduced to practice in the performance of a funding agreement. Sets forth provisions to be included in each funding agreement with respect to the rights of contractors and the Postal Service to the title to any invention conceived under the agreement. Requires Postmaster General approval before the Postal Service can require the licensing to third parties of inventions owned by the contractor that were not conceived or first actually reduced to practice in the performance of work under a funding agreement. Declares that with respect to any invention in which a disadvantaged business concern has acquired title under this Act, the Postal Service has the right to require the contractor, an assignee, or exclusive licensee of such invention, to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant upon terms that are reasonable under the circumstances, and if the contractor, assignee, or exclusive licensee refuses such request, to grant such a license itself. Requires the Postal Service to make a written determination that such action is necessary. Prohibits a disadvantaged business concern which receives title to any subject invention and an assignee of such concern from granting to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention, or produced through the use of such invention, will be manufactured substantially in the United States. Sets forth the circumstances under which such prohibition will be waived. Authorizes the Postal Service to withhold from public disclosure any invention in which it owns a right, title, or interest for a reasonable time in order for a patent application to be filed. Declares that the Postal Service shall not be required to release copies of any document which is part of a patent application. Directs the Postal Service to publicize notice of certain contracting opportunities in a manner to encourage the maximum practicable participation by disadvantaged business concerns. Authorizes the Postmaster General to exempt any purchase or class of purchases from such requirement if such exemption is determined to be in the public interest or if the notice would substantially impede a legitimate acquisition objective of the Postal Service. Directs the Postal Service to provide means whereby bidders and offerors may identify themselves as a disadvantaged business concern. Requires the Small Business Administration to make a final and binding decision on all disputes regarding the size status of a firm or its status as a socially and economically disadvantaged small business concern. Requires the Postal Service to report annually to specified congressional committees on its compliance with this Act. Requires a special report to such committees if the Postal Service fails to meet procurement goals established by the Director.
United States · United States Congress · 22 December 1987
Amends Federal law to prohibit the Secretary of Transportation from approving State highway safety programs that do not provide for a uniform system for handicapped parking to promote safety. Details the criteria for such a system. Reduces by two percent the amounts that would otherwise be apportioned to a State if it fails either to obtain approval for such a system or to implement it.
United States · United States Congress · 21 December 1987
Requires the Secretary of Commerce, in carrying out any decennial census, to tabulate and make public the general population of Asians and Pacific Islanders both by total and by detailed groups.
United States · United States Congress · 18 December 1987
Directs the Caribbean Basin Scholarship Commission (established by this Act) to establish and administer a scholarship program in the form of loans to enable students from eligible countries in the Caribbean Basin to study at an institution of higher education or vocational school in the Commonwealth of Puerto Rico. Provides that repayment of such loans will be forgiven upon the student's prompt return to such student's country of origin for a period which is at least one year longer than the period spent studying in Puerto Rico. Requires Puerto Rico to provide 50 percent of the amount appropriated to the Caribbean Basin Scholarship Fund. Permits such amount to be provided by other than cash. Establishes the Caribbean Basin Scholarship Fund. Appropriates to the Fund five percent of the amounts received in the Treasury on or after enactment of this Act that are attributable to the duties imposed on all articles imported from eligible countries. Establishes the Caribbean Basin Scholarship Commission to distribute scholarships to students in eligible countries, giving consideration to: (1) underserved and underdeveloped areas; (2) students who need financial assistance to pursue an education; and (3) institutions of higher education and vocational schools offering training or education in areas that have the greatest potential for strengthening the workforce in the Caribbean Basin. Specifies conditions for eligibility and selection of scholars.
United States · United States Congress · 10 December 1987
Amends Federal veterans' benefits provisions to direct the American Battle Monuments Commission to establish a memorial and museum on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial and museum. Establishes the World War II Memorial and Museum Advisory Board to: (1) promote the establishment of the memorial and museum and encourage the donation of private funds for construction and maintenance; and (2) recommend the site and select the design for the memorial and museum, subject to the approval of the Commission. Authorizes the Commission to solicit private contributions for such memorial and museum. Authorizes Federal funding, in addition to such private funds, for preparation, planning, establishment, construction, and maintenance of the memorial and museum. Authorizes assistance from specified Federal departments and agencies. Authorizes Federal property to be transferred to the Commission, or authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial and museum.
United States · United States Congress · 8 December 1987
Amends the Internal Revenue Code with respect to the targeted jobs income tax credit. Extends the credit to employees who begin work in 1989 through 1991. (Current law terminates the credit for employees who begin work after December 31, 1988.) Includes as a targeted group individuals aged 65 or older who are members of economically disadvantaged families. Revises the minimum employment period requirement for purposes of this credit.
United States · United States Congress · 8 December 1987
Condemns the failure of the National Governing Council of Haiti to: (1) support a constitutional transition to democracy; and (2) provide security and adequate protection for the human rights of the people of Haiti and for the security of diplomats. Declares that it is the policy of the United States to suspend all assistance to Haiti, with exceptions, unless the democratic process set forth in the Haitian Constitution (approved March 29, 1987), especially those provisions relating to the Provisional Electoral Council, is being fully adhered to by the Government of Haiti. Directs the President to take steps to promote human rights and democracy in Haiti. Urges, specifically, that the President: (1) use the vote and influence of the United States to halt or discourage the provision of assistance to Haiti by international financial institutions and organizations and other governments; (2) undertake diplomatic initiatives to secure international cooperation to maximize diplomatic and economic pressure on Haiti; (3) suspend Haiti's eligibility for benefits under the Caribbean Basin Economic Recovery Act; (4) furnish assistance to the news media in Haiti; (5) furnish assistance to private, voluntary and international organizations, and foreign governments, which might include U.S. participation in international peacekeeping activities; (6) sever diplomatic relations with the National Governing Council; (7) recognize an alternative entity, which is committed to a prompt transition to democracy, as the legitimate government of Haiti; and (8) impose, and seek international cooperation to multilaterally impose, an arms embargo and trade and financial sanctions against the Government of Haiti. Authorizes and urges the President to deny visas to, and exclude from admission to the United States, aliens (and family members and associates thereof) who have been involved in the denial of human rights in Haiti or in activities designed to impair Haiti's transition to democracy. Suspends all assistance to Haiti, with specified exceptions (such as assistance provided by voluntary organizations to meet humanitarian needs, assistance to enable the continuation of migrant and narcotics interdiction operations, and assistance for constitutional elections), unless the democratic process as set forth in the Haitian Constitution is fully adhered to by the Government of Haiti. Specifies that such adherence must include transition to a civilian government elected under the auspices of the Provisional Electoral Council by February 7, 1988. Authorizes the President to provide such assistance as appropriate related to the holding of elections. Requires the President to notify the Congress with respect to: (1) any such assistance provided; (2) actions taken pursuant to this Act; and (3) progress in promoting human rights and democracy in Haiti.
United States · United States Congress · 8 December 1987
Expresses the sense of the Congress that, in celebration of the millennium of the Christianization of Kievan-Rus', the Soviet Union should: (1) comply with its international obligations and allow Christians to practice their faith without harassment; (2) grant a general amnesty for all Christians who have been imprisoned because of their religious beliefs; (3) allow religious believers to practice their faith freely; (4) permit unlimited publication, distribution, and importation of religious materials; and (5) allow closed churches to reopen, new churches to be built, and theological seminaries to open or expand.
United States · United States Congress · 19 November 1987
Act for Better Child Care Services of 1987 - Authorizes appropriations for FY 1988 and such sums as necessary for FY 1989 through 1992 to carry out the purposes of this Act. Specifies the manner of making allotments for child care services. Requires the designation of a lead agency in each State which participates in the programs under this Act. Requires States to submit, in order to qualify for assistance under this Act, an application and plan to the Secretary of Health and Human Services. Requires each plan to cover a five-year period and to meet specified requirements for providers of child care services. Authorizes the use of State allotments: (1) by contracts with or grants to eligible child care providers, or public or private nonprofit agencies, to enable such providers or agencies to operate programs directly or by subcontract; or (2) by distributing child care certificates that parents may use as payment for child care services. Requires that a percentage of funds be reserved to enable part-day programs to extend existing hours of operation and provide full-day child care services. Authorizes the Secretary to make planning grants to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Provides for a review of the operation of a State plan during the five-year period to determine its continued eligibility for funds. Requires the Governor of each participating State to establish: (1) a State interagency advisory committee on child care to assist the lead agency in carrying out its responsibilities; and (2) a State committee on licensing to review the licensing requirements, the law, and the policies regulating child care services and programs within the State. Requires each participating State to recognized private nonprofit community-based organizations, or public organizations, as resources and referral agencies for particular geographic areas. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of inservice, continuing education, or other training as described in this Act. Directs the Secretary to establish within the Department of Health and Human Services an Administrator of Child Care to carry out the provisions of this Act. Establishes enforcement provisions for review of State plans and monitoring of State compliance. Declares the Federal share of child care programs to be 80 percent and requires the State to demonstrate that the remaining 20 percent will be provided from other sources. Requires the Secretary to establish a National Advisory Committee on Child Care Standards to: (1) review Federal policies on child care services and such other data as appropriate; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resources and referral agencies. Terminates the committee 90 days after the date of publication of final minimum child care standards. Prohibits the use of funds under this Act for: (1) sectarian purposes or activities; (2) capital improvements to sectarian institutions; and (3) tuition.
United States · United States Congress · 18 November 1987
Antiterrorism and Arms Export Amendments Act of 1987 - Amends the Arms Export Control Act to prohibit the U.S. Government and U.S. persons from exporting or facilitating the export of any munitions item to any country which: (1) has repeatedly provided support for international terrorism; or (2) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism. Authorizes the President to waive such prohibition upon making specified certifications. Imposes criminal penalties for willful violations of such prohibition. Imposes civil penalties for violations of such prohibition and provides for enforcement of such civil penalties. Requires that the possibility of supporting international terrorism shall be a consideration in the issuance of arms export licenses or in arms sales. Amends the Export Administration Act of 1979 to provide that a validated license shall be required for the export of goods or technology to a country if the Secretary determines that: (1) such country grants sanctuary to or has repeatedly provided support for acts of international terrorism; and (2) such exports would contribute to the military potential of such country, would be destined to a military end-user or for military end use in such country, or would enhance the ability of such country to support acts of international terrorism. Amends the Foreign Assistance Act of 1961 to prohibit the provision of any assistance under such Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act to any country which the Secretary determines: (1) has repeatedly provided support for international terrorism; or (2) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism. Authorizes the President to waive such prohibition upon making specified certifications. Prohibits rescinding a determination that a country supports international terrorism, unless the Secretary of State, at least 90 days before the rescission would take effect, certifies to the Congress that: (1) the country has not provided support for international terrorism for the preceding six months; and (2) the country has made explicit assurances that it will not support international terrorism in the future. Amends the Arms Export Control Act and the Foreign Assistance Act of 1961 to require the President to notify the Congress of third country transfers of items: (1) sold under the Foreign Military Sales (FMS) program; (2) exported pursuant to a munitions license; or (3) provided under the Military Assistance Program (MAP). Directs the President to include in required quarterly reports to the Congress concerning military exports a listing of all defense articles or defense services transferred by the Department of Defense to other agencies of the U.S. Government. Prohibits the transfer of any munitions item by the U.S. Government to any foreign country, group, or person under the authority of a presidential determination that such a transfer is important to the national security of the United States as a significant anticipated intelligence activity, unless the President notifies certain congressional committees of such a transfer in accordance with the procedures set forth in the National Security Act of 1947 for the reporting of any intelligence activities. Revises requirements for reporting the use of foreign assistance funds where it is inadvisable to specify the nature of the use of such funds to require that such a report be transmitted to the Committee on Foreign Affairs of the House of Representatives rather than to the Speaker of the House. Amends the Hostage Act to specify that the President may not use any means otherwise prohibited by law in attempting to cause the release of U.S. citizens imprisoned by foreign governments. (Current law specifies that the President may not use any means amounting to acts of war.)
United States · United States Congress · 17 November 1987
Raoul Wallenberg Monument Resolution - Authorizes the Raoul Wallenberg Tribute Committee to establish a monument to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the monument.
United States · United States Congress · 3 November 1987
CIA Accountability Act of 1987 - Directs the Comptroller General to audit the financial transactions and evaluate the programs and activities of the Central Intelligence Agency: (1) on the initiative of the Comptroller General; or (2) when requested by the Chairman or the ranking minority member of the Senate Select Committee on Intelligence or the House Permanent Select Committee on Intelligence. Requires the Comptroller General to provide the results of such audit to the Committees and the Director of Central Intelligence. Authorizes the Comptroller General to inspect and copy any written or recorded information in the possession or control of the Agency. Requires that the Comptroller General be provided access to officers and employees of the Agency unless the President determines, in a written report, that access to certain personnel is not in the national interest. Requires the Comptroller General, in consultation with the congressional committees, to establish procedures to protect all classified and other sensitive information from unauthorized disclosure. Requires all workpapers of the Comptroller General and all records and property of the Agency used during an audit to remain in Agency facilities. Directs the Director of Central Intelligence to expedite security clearance reviews on General Accounting Office personnel who may have access to classified or other sensitive information during an audit or evaluation.
United States · United States Congress · 31 October 1987
Amends the Federal Land Policy Management Act to authorize the issuance of rights-of-ways on public lands for the construction or operation of a non-Federal dam, diversion, or appurtenant project works for the generation of electric energy if consistent with the public interest or applicable management plan. Requires public participation in processing proposed right-of-ways. Requires the Federal agency or agencies with jurisdiction over the surface to prepare any necessary environmental impact statement under the National Environmental Policy Act of 1969. Authorizes the charging of fees to an applicant to offset administrative costs.
United States · United States Congress · 29 October 1987
Directs the Secretary of the Interior, acting through the Director of the National Park Service, to study and report to the Congress on national forest lands within the Smith River watershed region in Northern California and Southern Oregon and to recommend the means of permanent Federal protection for such resources. Requires that the study include a cost-benefits analysis of protecting such resources and enhancing the region's recreational potential. Prohibits timber sales on such lands until the Congress has had a fixed period in which to examine the study. Requires the Secretary of the Interior to compensate counties for lost timber sales during that period, subject to adjustment if the interim protection is extended.
![Official portrait of Rep. Torres, Esteban Edward [D-CA-34]](https://www.congress.gov/img/member/t000316_200.jpg)