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United States · Official source
4,936 records where Sen. Hollings, Ernest F. [D-SC] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 25 January 1989
Designates the week of April 16 through April 22, 1989, as National Minority Cancer Awareness Week.
United States · United States Congress · 25 January 1989
Designates the week of May 1 through May 7, 1989, as National Older Americans Abuse Prevention Week.
United States · United States Congress · 25 January 1989
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 25 January 1989
Constitutional Amendment - Prohibits Federal taxation of the interest derived from State or local government obligations issued to finance governmental activities for public purposes.
United States · United States Congress · 14 October 1988
Authorizes and directs the Secretary of the Interior to transfer certain lands designated as the Carolina Sandhills Wildlife Management Area to the South Carolina Commission of Forestry. Conditions such transfer upon the Commission: (1) managing such lands for the benefit of endangered species of plants or animals in accordance with the Recovery Plan for the Red Cockaded Woodpecker; (2) consulting with the U.S. Fish and Wildlife Service regarding the impact of its management practices on such endangered species; and (3) entering into an agreement with the U.S. Fish and Wildlife Service to provide to such lands basic forest fire protection and certain burning and reforestation services for specified periods of time after the date of such transfer. Provides that such lands shall revert to the United States if: (1) the Secretary determines that the Commission is not in compliance with the terms of such transfer; (2) the lands cease to be used for public purposes; or (3) the Commission no longer desires to operate such lands. Authorizes the Commission to acquire lands within or adjacent to the transferred lands by exchange or sale of such land. Provides that the Commission, prior to such acquisition, shall: (1) notify the U.S. Fish and Wildlife Service; and (2) determine that the acquisition is in the best interest of the public purposes of South Carolina and is necessary for efficient management administration of the transferred lands. Repeals a certain executive order concerning the Sand Hills State Forest.
United States · United States Congress · 5 October 1988
Designates December 7, 1988, as National Pearl Harbor Remembrance Day.
United States · United States Congress · 3 October 1988
Omnibus Anti-Substance Abuse Act of 1988 - Title I: Organization - Subtitle A: National Drug Control Program - National Narcotics Leadership Act of 1988 - Establishes within the Executive Office of the President the Office of National Drug Control Policy to prepare a national drug control strategy, to direct and coordinate Federal drug control efforts, and to be headed by a Director of National Drug Control Policy (DNDCP) and two Deputy Directors. Specifies the duties and responsibilities of the heads of executive branch departments and agencies. Authorizes the Director to designate certain areas of the country as high intensity drug areas and to reassign personnel on a temporary basis and provide funds for programs in such areas. Terminates the National Drug Enforcement Policy Board, the National Narcotics Border Interdiction System, and the White House Drug Abuse Policy Office. Authorizes appropriations. Subtitle B: Department of Justice Civil Enforcement Enhancement - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1988 - Directs the Attorney General to ensure that each component of the Department of Justice (DOJ) having criminal law enforcement responsibilities with respect to the prosecution of organized crime and controlled substances violations attaches a high priority to civil enforcement for such violations. Authorizes appropriations. Title II: Crimes and Penalties and Law Enforcement - Subtitle A: Career Criminals - Sets a mandatory penalty of life imprisonment after two or more prior convictions for a felony drug offense. Subtitle B: Public Corruption - Makes it a felony for a public official to seek or accept (or an individual to offer or promise to give) anything of value in exchange for influence to commit an offense against the United States or any State (or with intent to influence such official). Subtitle C: Importation - Requires the U.S. Sentencing Commission (Commission) to promulgate guidelines providing for specified penalties for the importation by aircraft and other vessels of controlled substances. Subtitle D: Schools and Minors - Directs the Commission to promulgate guidelines providing for specified penalties for controlled substances offenses involving minors. Makes exception to the mandatory minimum penalty for first offenses involving five grams or less of marijuana. Subtitle E: Firearms - Increases penalties for the use of certain weapons in connection with a crime of violence or a drug trafficking crime. Sets penalties for the possession of firearms and dangerous weapons in a Federal facility. Subtitle F: Money Laundering - Sets limitations on civil and criminal forfeitures by domestic financial institutions and by defendants who handled but did not retain the property in the course of a money laundering offense. Establishes penalties for conducting financial transactions involving property represented to be the proceeds of specified unlawful activity with the intent to promote or conceal such activity or to avoid a State or Federal transaction reporting requirement. Amends the Bank Secrecy Act to cover businesses similar to financial institutions. Subtitle G: Juvenile Justice - Authorizes the U.S. attorney to forego prosecution of, and surrender to State authorities, a person under 21 years of age who has been arrested, charged, or is a delinquent unless such surrender is authorized by specified provisions of the Federal criminal code pertaining to delinquency proceedings. Subtitle I: Prisons (SIC) - Increases the maximum penalty for drug offenses within Federal prisons. Directs the Attorney General to study and, if appropriate, submit to the Congress proposed legislation which would require prisoners incarcerated in Federal facilities to pay the costs of confinement. Subtitle J: Drug Testing as a Condition of Probation and Supervised Release - Adds drug testing as a condition of probation and supervised release for specified offenses. Establishes procedures for such testing. Subtitle K: Minor and Technical Criminal Law Act Amendments - Minor and Technical Criminal Law Amendments Act of 1988 - Makes technical and conforming amendments to the Federal criminal code. Increases criminal penalties imposed in cases when a bodily injury results during the commission of the crime of deprivation of rights under color of law. Grants the Associate Attorney General authority to: (1) approve certain civil rights prosecutions; (2) approve prosecutions for flight to avoid service of process; (3) summon special grand juries; (4) request a judicial grant of immunity; and (5) object to the disclosure of classified information under the Classified Information Procedures Act. Grants specially designated Assistant Attorneys General authority to approve certain civil rights prosecutions. Grants the Deputy Assistant Attorney General authority to request judicial grants of immunity. Permits the transmission of information on sports betting from a State where such betting is legal to a foreign country where such betting is legal. Permits prosecutions for certain obstruction of justice offenses: (1) to be brought in the district where the official proceeding was intended to be effected or in the district in which the conduct constituting the alleged offense occurred and (2) where the culpable conduct is "corrupt persuasion." Authorizes governmental access to records concerning electronic communication service or remote computing service through the issuance of a trial subpoena. (Current law provides for such access only through the issuance of an administrative or grand jury subpoena.) Amends the Sentencing Reform Act of 1984 to raise the maximum prison term for class B felonies from 20 to 25 years. Amends the Comprehensive Crime Control Act of 1984 to establish conditions for the temporary release (furlough) of persons hospitalized following an acquittal by reason of insanity. Requires copies of certain periodic reports prepared by directors of psychiatric hospitals concerning persons hospitalized for threatening the President, the Vice President, or certain other persons protected by the Secret Service, to be submitted to the Director of the U.S. Secret Service. Extends the power to conduct certain psychiatric and psychological examinations under the Federal criminal code to all psychologists. (Current law extends such power to psychiatrists and clinical psychologists.) Makes conforming amendments to the Federal Rules of Civil Procedure permitting courts to designate psychologists to conduct mental examinations of parties in civil proceedings. Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to create three additional RICO predicates: (1) murder-for-hire; (2) sexual exploitation of children; and (3) fraud in connection with access devices (i.e., credit cards, electronic banking cards, etc.). Amends the Controlled Substances Act (CSA) to subject all personal property used to facilitate a drug offense to forfeiture. (Currently, only certain types of personal property are subject to forfeiture.) Directs the Attorney General to ensure the equitable transfer of any forfeited property to the appropriate State or local law enforcement agency to reflect the contribution of such agency in the actions which led to the forfeiture. Specifies that a decision by the Attorney General under this authority is not subject to judicial review. Authorizes the U.S. Postal Service to: (1) investigate money laundering offenses where the offenses giving rise to the proceeds to be laundered are within the jurisdiction of the Service; and (2) conduct civil forfeiture proceedings in connection with such offenses. Provides that the Attorney General shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding and that the authority of the Service shall apply only to property that has been administratively forfeited. Amends the Federal criminal code to authorize Federal Prison Industries, Incorporated (Corporation) to issue its obligations to the Secretary of the Treasury. Authorizes the Secretary to purchase such obligations. Allows the Secretary to: (1) sell such obligations as public debt transactions; and (2) upon the request of the Corporation, invest excess monies from the Prison Industries Fund. Permits Corporation funds to be used to acquire industrial buildings and equipment for corporate operations. Prohibits the use of corporate funds for the construction or acquisition of penal or correctional institutions or camps. Requires the board of directors of the Corporation to include in its annual report to the Congress: (1) a statement of the amount of obligations issued during the fiscal year; and (2) an estimate of the amount of obligations that will be issued in the following fiscal year. Requires the board of directors to employ the greatest possible number of inmates in U.S. penal institutions who are eligible to work. Directs the Corporation to: (1) produce products on an economic basis, but avoid capturing a reasonable share of the market among Federal departments; (2) concentrate on providing to the Federal Government only those products which permit employment of the greatest number of inmates; and (3) diversify products so that sales are broadly distributed among industries. Requires any decision to produce a new product or expand production significantly to be made by the board of directors. Directs the Corporation, before such decision is made, to prepare a written analysis of the plan's impact on industry and free labor. Requires the Corporation to provide notice of such plans to potentially affected private vendors or trade associations, allowing such parties to submit comments. Directs the Corporation to provide to the board of directors the analysis, comments, and recommendations for action. Requires the Corporation to publish the final decision of the board of directors and, after each six-month period, a list of sales by the Corporation. Amends the CSA and the Controlled Substances Import and Export Act to provide that all the penalties applicable to an underlying drug offense also apply to an attempt or conspiracy to commit such offense. Specifies that a provision providing for the forfeiture of property found within the United States that is derived from drug offenses that occur overseas applies to both real and personal property and to property derived from or traceable to the proceeds of an offense, as well as the proceeds themselves. Provides a mandatory minimum penalty for trafficking in a substantial quantity of methamphetamine and salts and isomers thereof. Subjects to a fine and imprisonment anyone who conducts a financial transaction involving the proceeds of criminal activity with intent to violate the tax laws. Establishes a misdemeanor penalty in connection with the criminal escape of a person being detained for the purpose of exclusion or deportation under the immigration laws. Authorizes the Federal Bureau of Investigation (FBI) to investigate killings of State or local law enforcement officers upon the request of the head of the agency employing such an officer. Increases the maximum prison term in connection with specified crimes of sexual abuse, murder for hire, involuntary manslaughter, attempted murder, being an accessory after the fact, and certain types of racketeering offenses. Increases the penalty for possessing an explosive in a Federal building. Expands such offenses to include airports that are subject to the regulatory authority of the Federal Aviation Administration (FAA) even though not owned by, or leased to, the United States. Amends the Interstate Agreement on Detainers Act to revise provisions applicable to transfers involving the United States when it obtains custody of a State prisoner on Federal charges. Revises the Federal Rules of Criminal Procedure to require a Federal district court to advise a defendant concerning the effects of supervised release terms on the possible penalty before the court accepts a plea of guilty or nolo contendere. Permits the United States to bring an action to enjoin various types of fraud against the Government. Imposes criminal penalties for obstructing Federal audits and for using the term "Secret Service" without authorization. Amends Federal criminal code provisions governing the time for refiling an indictment or information after it is dismissed because it was found to be defective. Amends the Speedy Trial Act of 1974 to extend or restart the 70-day trial "clock" when the defendant absconds on the eve of trial. (Present law suspends such period during the time that the defendant is a fugitive). Authorizes the Government to refund bail which has been erroneously forfeited. Provides that special assessments shall not be imposed for any offense for which local rules or other Federal law allow a defendant to post collateral in lieu of appearance in court. Authorizes a court to impose conditions alternative to fines, restitution, or community service as conditions of probation for felons. Authorizes a judge or magistrate of the District of Columbia to issue an arrest warrant for a foreign fugitive whose location is unknown. Revises the definition of "petty offense" for purposes of the Federal criminal code, the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates, and the Federal Rules of Criminal Procedure. Imposes criminal penalties on persons who mail locksmithing devices. Amends the Assimilative Crimes Act (which authorizes Federal judges to apply State criminal statutes for acts or omissions taking place within a State but on a Federal enclave) to define the various State-enacted sanctions as "punishments" in cases of driving under the influence of drugs or alcohol (thus allowing the imposition of non-jail term sanctions). Provides that refusal to consent to a chemical test following arrest for driving under the influcence on a Federal enclave would result in suspension of driving privileges for one year and would be admissible as evidence in court. Amends provisions with respect to the setting of bail pending appeal. Authorizes the emergency installation of pen registers and trap and trace devices under specified circumstances. Subtitle L: Sentencing Amendments - Amends the Sentencing Act of 1987 to require that the Attorney General assign to the United States Parole Commission for supervision any offender on parole from a foreign country who is transferred to the United States. Requires such offender to serve a term of imprisonment applicable under U.S. sentencing guidelines and to serve any remainder of the term imposed by the foreign country under release supervised by the appropriate district court. Amends the Federal criminal code with respect to the standard of appellate review of sentences. Authorizes the United States Sentencing Commission to: (1) retain private attorneys to advise it; and (2) grant incentive awards to its employees. Requires a court to consider the need to protect the public from future crimes of a defendant when terminating or modifying conditions of supervised release. Amends the Federal Rules of Appellate Procedure with respect to the time for filing a notice of appeal of a sentence. Subtitle M: Miscellaneous - Authorizes the Attorney General to waive immigrant admission requirements with respect to an alien and his immediate family for furnishing specified information to authorities or cooperating with Federal authorities as a witness. Establishes procedures for notice of a defense based upon the defendant's actual or believed exercise of public authority on behalf of a law enforcement or Federal intelligence agency. Establishes: (1) a U.S. Marshals Service within DOJ; and (2) a National Advisory Commission on Law Enforcement within the legislative branch. Subtitle N: State and Local Narcotics Control and Justice Assistance Improvements - Chapter 1: State and Local Narcotics Control and Justice Assistance Improvements - Establishes within DOJ a Bureau of Justice Assistance (BJA). Sets up a drug control and system improvement grant program. Authorizes appropriations. Chapter 2: Juvenile Justice and Delinquency Prevention Programs - Provides for grants for prevention and treatment programs relating to juvenile gangs, drug abuse, and drug trafficking. Authorizes appropriations. Provides for the confidentiality of program records. Chapter 3: Runaway and Homeless Youth - Reauthorizes the Runaway and Homeless Youth Act. Authorizes: (1) a transitional living grant program to promote a transition to self-sufficient living and to prevent long-term dependency on social services; and (2) grants for runaway and homeless youth centers. Chapter 4: Missing Children's Assistance Act - Reauthorizes the Missing Children's Assistance Act. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require that certain grants or contracts be made by a competitive process. Chapter 5: Family Violence Prevention Act of 1988 - Family Violence Prevention Act of 1988 - Provides for family violence reporting and a national survey of the extent of domestic violence in America. Authorizes appropriations. Chapter 6: Regional Information Sharing Systems Grants - Authorizes the Director of BJA to make grants and enter into contracts for the purpose of identifying, targeting, and removing criminal activities spanning jurisdictional boundaries. Chapter 7: Public Safety Officers' Death Benefits Improvement - Increases the basic level of death benefits payable to beneficiaries of a public safety officer. Authorizes and directs the use of appropriations to establish national programs to assist the families of public safety officers who die in the line of duty. Chapter 8: Criminal History Record, Arrest Warrant, and Stolen Vehicle Record Information Improvement - Criminal History Record Information Improvement Act of 1988 - Provides for grants to improve criminal history record, arrest warrant, and stolen vehicle record information. Chapter 9: College and Railroad Police Information - Makes railroad, private college, and university police departments subject to Federal provisions relating to the acquisition, preservation, and exchange of criminal and related records. Chapter 10: Assistance to State and Local Courts - Amends the State Justice Institute Act of 1984 to reauthorize the State Justice Institute. Chapter 11: Victim Compensation and Assistance - Subchapter A: Victims of Crime Act of 1984 Reauthorization - Reauthorizes the Victims of Crime Act of 1984 (VCA). Amends such Act to make funds available to previously underserved victims populations. Subchapter B: Establishment of Office for Victims of Crime - Establishes within DOJ an Office for Victims of Crime. Specifies the duties of the Director. Amends the VCA to provide authority for grants to the States for the handling, investigations, and prosecution of cases of child abuse, particularly sexual abuse. Specifies eligibility requirements for States to qualify for such assistance. Provides for: (1) the establishment or designation of a State multidisciplinary task force on children's justice; (2) the adoption of State task force recommendations; and (3) grants for Native American Indian tribes to improve the handling, investigation, and prosecution of child abuse cases. Subchapter C: Other Amendments to Victims of Crime Act of 1984 - Amends the VCA to: (1) add victims of drunk driving and domestic violence to those eligible for compensation under such Act; and (2) provide compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes. Subtitle O: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act (CSA) to establish recordkeeping and reporting requirements for persons who engage in specified regulated transactions with respect to a listed precursor or essential chemical, a tableting machine, or an encapsulating machine. Makes it the responsibility of each regulated person who engages in such a transaction to identify each other party to the transaction. Directs the Attorney General to specify by regulation the types of documents or other evidence that constitute proof of identity. Requires each regulated person to report specified transactions to the Attorney General. Sets forth provisions with respect to the confidentiality of records. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person. Authorizes the Attorney General to order the suspension of a transaction. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Establishes criminal penalties for persons who knowingly or intentionally import or export a listed chemical with intent to manufacture a controlled substance or with reasonable cause to believe that the chemical will be used for such a purpose. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the CSA to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) receive or distribute reportable amounts of chemicals in de minimis amounts so as to evade reporting and recordkeeping requirements; (4) distribute a listed chemical unlawfully; or (5) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. 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 violations of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Subtitle P: Application of United States Immigration Laws and Deportation of Aliens Committing Aggravated Felonies - Violent Criminal Alien Deportation Act - Amends the Immigration and Nationality Act to prohibit the release from custody or conditional parole of any alien arrested pending a determination of whether such alien is deportable for having been convicted of an aggravated felony. Sets forth criminal penalties for: (1) reentry of certain deported aliens; (2) aiding or assisting certain aliens to enter the United States; and (3) refusal of certain aliens to appear and testify after being subpoenaed. Provides for special deportation proceedings and expedited procedures for the deportation of aliens convicted of aggravated felonies. Bars reentry of such aliens for ten years. Provides for forfeiture of instrumentalities used in bringing in and harboring certain aliens. Subtitle Q: Forfeiture and Customs - Chapter 1: Department of Justice Assets Forfeiture Fund - Establishes within the U.S. Treasury the Department of Justice Assets Forfeiture Fund for: (1) the payment of expenses necessary to seize, maintain, or sell property under seizure, detention, or forfeiture; (2) the payment of awards for information or assistance leading to a civil or criminal forfeiture; or (3) related purposes. Sets forth reporting requirements by the Attorney General to the Congress concerning property seized. Chapter 2: Customs Forfeiture Fund - Establishes within the Treasury the Customs Forfeiture Fund for: (1) the payment of expenses of seizures; (2) awards of compensation to informers; (3) satisfaction of liens and claims of parties in interest to property disposed of under the Tariff Act of 1930 (Tariff Act); and (4) related purposes. Makes available the proceeds of such seizures by the U.S. Coast Guard to the Coast Guard for specified purposes. Requires the Commissioner of Customs to submit annual reports to the Congress. Authorizes appropriations. Chapter 4: Miscellaneous Forfeiture Provisions (SIC) - Amends the CSA to provide for the transfer by the Attorney General of forfeited personal property or the proceeds of the sale of such property. Requires the Attorney General to prescribe regulations for expedited administrative procedures for property seizures for violations involving the possession of personal use quantities of a controlled substance that provide for the immediate return of the property if the owner or interested party did not know of, or consent to, the violation and took reasonable steps to prevent the illegal use of the property. Sets forth provisions relating to: (1) the obtaining of warrants; (2) the powers of U.S. postal personnel to serve warrants and subpoenas, make arrests and seizures, and carry firearms; and (3) the transfer of foreign property by the Treasury. Chapter 5: Administrative Forfeiture - Increases the value of seized vessels or merchandise which requires written and published notice of seizure and forfeiture under the Tariff Act. Subtitle R: United States Magistrates and Court Reforms - Authorizes any U.S. magistrate to: (1) accept a guilty plea for any offense against the United States; and (2) enter a sentence for a misdemeanor or infraction with the consent of the parties involved. Provides for the designation of certain days in which the courts within a circuit shall conduct only proceedings relating to drug offenses. Subtitle S: Military Institutions - Makes the Bureau of Prisons responsible for: (1) administering the confinement facilities located on military installations; and (2) establishing and regulating drug treatment programs and establishing and managing work programs for inmates held in such facilities. Subtitle T: Customs Enforcement Amendments - Amends the Tariff Act to require the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements. Sets penalties for violation of such provision. Grants the same force and effect to a declaration of forfeiture by the appropriate customs officer of a vessel, a vehicle, aircraft, merchandise, or baggage as a final decree and order in a judicial forfeiture proceeding. Subjects persons convicted of specified criminal offenses to fines for the reasonable costs of the investigation and prosecution of the offense, unless the court determines that the defendant lacks the ability to pay. Authorizes the Secretary of the Treasury to administer oaths, subpoena witnesses, take evidence, and compel the production of records in the course of investigating the enforcement of any law that prohibits the importation or exportation of any merchandise. Establishes procedures regarding claims for, and judicial condemnation of, seized vessels or merchandise, forfeiture proceedings, and summary sales of such vessels or merchandise. Amends the Federal Aviation Act of 1958 (Aviation Act) to subject violators to: (1) a civil penalty for failure to report a transfer of ownership of an interest in any aircraft for which a certificate of registration has been issued under such Act; and (2) to seizure and forfeiture in the case of materially false statements or omissions. Subtitle U: Authorization of Additional Appropriations for Drug Enforcement and Interdiction - Chapter 1: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes appropriations for salaries and expenses for the Immigration and Naturalization Service (INS) for FY 1989. Earmarks a specified sum to increase the number of INS inspectors. Authorizes appropriations to the INS for FY 1989 for the Organized Crime Drug Enforcement Task Forces, for additional special agent and support positions, training and equipment, and operations. Specifies that such positions, under the supervision of a director for the pilot project, shall be used exclusively to assist in combatting illegal alien involvement in drug trafficking and crimes of violence. Spells out the authority and responsibility of the director. Requires the Attorney General to set up a pilot program in four cities to establish or improve the capabilities of the local offices of the INS and local law enforcement agencies to respond to inquiries concerning aliens arrested or convicted for, or subject to criminal investigation relating to, a violation of any law relating to controlled substances. Authorizes appropriations for FY 1989 for: (1) salaries, expenses, and increased personnel for the Bureau of Alcohol, Tobacco, and Firearms, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the U.S. Marshalls Service, U.S. Attorney, and the Federal Judiciary; (2) support of United States prisoners in non-Federal institutions; and (3) the Federal Prison System. Chapter 2: Drug Interdiction Asset and Personnel Enhancement - National Drug Interdiction Asset and Personnel Enhancement Act of 1988 - Subchapter A: Coast Guard - Authorizes appropriations to the Coast Guard for FY 1989 for acquisition, construction, improvement, and operating expenses (including personnel). Subchapter B: United States Customs Service - Authorizes appropriations to the U.S. Customs Service for FY 1989 for the air interdiction program and salaries and expenses of the Service (including increasing the number of Customs inspectors). Subchapter C: Drug Enforcement Administration - Authorizes appropriations for salaries and expenses of DEA for FY 1989. Subchapter D: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the border patrol within DOJ, for increased equipment and personnel, for design improvements for the border patrol station of San Clemente, California, and to establish an INS drug education officers program. Subchapter E: Research and Development Programs to Assist Federal Enforcement Agencies - Provides for the use of existing Federal research and development facilities for civilian law enforcement. Authorizes appropriations to the Customs Service for FY 1989 for cargo container drug detection research and development. Directs the Commissioner of Customs to report his findings to the appropriate congressional committees. Subchapter F: Drug Enforcement Training Improvement - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center for expanded training, salaries, and expenses. Directs the Secretary of the Treasury to report to the appropriate congressional committees. Authorizes the Department of Defense, Department of State, DEA, Customs Service, and INS to provide foreign language training to special agent personnel. Authorizes appropriations. Subchapter G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for salaries and expenses of DEA for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subchapter H: Standards of Care in Discovering Contraband - Directs the Secretary of the Treasury to: (1) prescribe regulations for discovering whether controlled substances imported into the United States are aboard a conveyance; and (2) issue controlled substances regulations for a two-year demonstration program to prevent air carrier smuggling. Subchapter I: Interpol-United States National Central Bureau - Authorizes appropriations for the U.S. National Central Bureau for FY 1989, including increases in personnel. Subchapter J: Civil Air Patrol - Directs the Secretary of the Air Force to: (1) issue regulations to ensure that the Civil Air Patrol plays an integral role in drug interdiction and eradiction activities; and (2) submit quarterly reports to specified congressional committees regarding such activities. Title III: Prevention, Education, and Treatment - Subtitle A: Alcohol and Drug Abuse and Mental Health Services Block Grants - Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for block grant allotments to States for prevention, treatment, and rehabilitation projects with respect to alcohol and drug abuse and for mental health services. Changes the formula for determining the amount by which State allotments shall be reduced for failure to implement a State comprehensive mental health services plan. Sets forth requirements regarding a report by the Comptroller General of the General Accounting Office with respect to plan implementations. Authorizes the Secretary of Health and Human Services (Secretary) to use not to exceed one percent of the amounts appropriated for the allotments in each of FY 1988 through 1991 to conduct evaluations and prepare reports concerning the effectiveness of the block grant programs. Revises the formula for determination and distribution of the allotments. Sets forth requirements for allotment applications, including requirements that the chief executive officer of each State certify: (1) that the funds will be used for comprehensive mental health services and community mental health centers; (2) that the State will establish reasonable evaluation criteria; (3) the specific purposes for which the funds will be used; (4) that the State will use the funds for specified alcohol and drug abuse activities; (5) that the State will use certain funds to provide new mental health services and programs; and (6) other matters. Requires States, in order to receive allotment payments, to agree to coordinate among mental health services institutions the establishment of a State comprehensive community mental health system. Requires the chief executive officer of a State to establish a State mental health services planning council. Directs the Secretary to report annually to specified committees of the Congress regarding the new State mental health services. Amends title V of the Public Health Service Act to require the Secretary to collect data on mental health and on alcohol and drug abuse treatment. Directs the Secretary to report to specified congressional committees every two years on drug and alcohol and mental health services. Directs the Secretary, through the Director of the National Institute of Mental Health, to develop a model plan for a community-based system of care for seriously mentally ill individuals. Authorizes appropriations and makes allotments to States based on population and need. Sets forth procedures for applications by the States, reporting, and evaluation. Specifies appropriate and prohibited uses of such funds. Provides for training, technical assistance, and data collection. Subtitle B: National Institutes of Alcohol, Drug Abuse, and Mental Health - Establishes an Office for Substance Abuse Prevention within the Alcohol, Drug Abuse, and Mental Health Administration. Specifies the duties and authority of the Administrator of such agency. Renames the Administration the National Institutes of Alcohol, Drug Abuse, and Mental Health. Directs the Secretary to make grants to States, political subdivisions, and nonprofit entities for specified types of mental health services demonstration projects, subject to certain restrictions. Authorizes appropriations for FY 1988-90 for specified projects. Directs the Administrator to establish and implement a public information program of fetal alcohol syndrome and to report to specified congressional committees. Authorizes appropriations for FY 1988-91 for the National Institute on Alcohol Abuse and Alcoholism. Authorizes appropriations for FY 1989-91 for the National Institute on Drug Abuse (NIDA). Provides for the dissemination of drug treatment information and for the evaluation of the Veterans Administration's inpatient and outpatient drug and alcohol treatment programs. Requires the Director of NIDA to conduct annual surveys of households and high school seniors nationwide. Directs the Secretary to establish demonstration projects providing grants to States to provide treatment and referrals to individuals who abuse drugs. Sets forth provisions governing procedures for awarding grants, criteria for such awards, applications, and preferences to projects demonstrating a comprehensive approach to the problem. Requires, as a condition of awarding grants, a systematic evaluation of the projects funded. Authorizes appropriations for FY 1989-93. Directs the Secretary to develop and maintain an ongoing program of research and evaluation of alcohol and drug abuse treatment programs to determine the most effective treatment methods and to assess the comparative efficacy and cost-effectiveness of different methods. Directs the Secretary to: (1) make grants to States for community youth activity programs, giving priority to projects such as those seeking to reinvolve dropouts in educational programs and providing outreach to individuals at high risk of substance abuse; and (2) develop and conduct a structural evaluation of the different approaches utilized across the nation to reduce substance abuse. Subtitle C: Institute of Medicine - Directs the Secretary to: (1) conduct a study concerning the appropriate treatment, rehabilitation, and continuing use of persons suffering from severe and disabling mental illnesses; and (2) report to specified congressional committees on the results of such study. Authorizes appropriations. Subtitle D: Alternative Utilization of Military Facilities - Requires the Director of NIDA to: (1) coordinate with the agencies represented on the Commission on Alternative Utilization of Military Facilities the utilization of military facilities that could house nonviolent persons for drug treatment purposes; (2) notify State agencies responsible for the oversight of drug abuse treatment programs of the availability of space at such installations; and (3) assist such agencies in developing methods for adapting such installations into residential treatment centers. Sets forth the duties of such State agencies. Allows the Director to reserve space at such facilities to conduct research or demonstration projects. Amends the Federal Property and Administrative Procedures Act of 1979 to allow surplus property under the control of an executive agency to be donated for drug abuse treatment centers. Subtitle E: Acquired Immunodeficiency Syndrome Block Grants - Amends the PHSA to authorize appropriations to make grants to public and nonprofit private entities for programs seeking to reduce the transmission of the acquired immunodeficiency virus in and by users of illegal intravenous drugs. Specifies: (1) allotments of funds appropriated to the States and U.S. territories; (2) information and assurances required concerning the implementation of programs; and (3) appropriate uses of allotments and unexpended sums. Subtitle F: Miscellaneous - Provides for the: (1) establishment of the Office of Associate Director for Special Populations to develop and coordinate prevention, treatment, research, and administrative policies and programs to assure increased emphasis on the needs of women and minorities for the prevention and treatment of alcoholism, alcohol abuse, and related problems; and (2) development of a model insurance benefit plan to be considered for adoption by the Administrator of the Office of Personnel Management and the Congress, including a consideration of the costs and benefits of alternative coverage designs. Requires the Secretary to submit a report containing recommendations concerning the latter to the appropriate congressional committees and to make such report available to members of the insurance industry and business community. Authorizes appropriations for FY 1989 for National Research Service Awards. Authorizes the Secretary to make funds available for the training of personnel to treat substance abuse. Authorizes appropriations for FY 1989. Establishes drug testing certification program requirements. Directs the Secretary of Labor to make funds available to enable employers to develop employee drug and alcohol abuse assistance programs. Authorizes appropriations. Amends the Domestic Volunteer Service Act to authorize appropriations for FY 1989-91. Requires the Secretary to: (1) report to specified congressional committees concerning the range of treatment programs for drug abuse utilized with funds provided under the PHSA and other such programs utilized by State and local governments and private organizations; and (2) identify those programs that demonstrate effective treatment for drug abuse. Amends the PHSA to grant the Public Helath Service authority to enter into certain lease-purchase contracts for the acquisition by lease of buildings and facilities needed to carry out its mission. Subtitle G: Drug Education - Drug-Free Schools Amendments of 1988 - Amends the Drug Free Schools and Communities Act of 1986 to increase appropriations authorized for FY 1989-93. Authorizes State regional drug and alcohol abuse education and prevention centers. Grants priority for the use of funds to training activities concerning drug abuse education and prevention for individuals such as teachers, counselors, parents, and community leaders. Includes within the definition of "high risk youth" individuals who have experienced chronic failure in school. Revises requirements for State applications to include: (1) a detailed comprehensive plan describing how money allocated to the chief executive officer is to be used; and (2) a description of any applicable State teacher certification requirements regarding training in drug and alcohol abuse education and prevention, including a description of the extent to which substance abuse education and prevention is included in teacher training curricula in the State. Authorizes the use of local drug abuse education and prevention program funds for: (1) outreach activities, abuse prevention programs, and referral services for school dropouts; and (2) counseling programs and referral services for parents and siblings of drug and alcohol abusers. Requires State and local reports to be submitted biennially to the Secretary of Education and the appropriate State educational agency, respectively, containing information on the conduct and progress of such programs. Directs such Secretary to make grants to State and local educational agencies and institutions of higher education for teacher training programs. Sets forth application procedures. Authorizes appropriations for FY 1989-93. Directs such Secretary to: (1) conduct an independent evaluation of a representative sample of programs assisted under this subtitle and identify successful projects which may be replicated by other local education agencies throughout the country, and transmit an interim and final report concerning the results of such evaluation; (2) develop model criteria and forms for the collection of data and information with respect to programs under this subtitle, and to disseminate such criteria and forms to regional centers as a resource to States and local educational programs; and (3) provide for the development and dissemination of early childhood education drug abuse prevention curriculum materials and reserve a specified sum for such purpose. Subtitle H: Effective Date - Sets forth the effective date of this title. Title IV: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: Authorization of Appropriations; Allocation of Funds - Amends the Foreign Assistance Act of 1961 (FAA) to authorize appropriations for FY 1989 for international narcotic control activities, multilateral and regional drug abuse control programs, and the development and implementation of a machine-readable document border security program. Directs the Assistant Secretary of State for International Narcotics Matters to give greater attention to those countries which are drug-transit countries but not major drug-transit countries, and which are cooperating fully with the United States in its international narcotics control efforts. Earmarks appropriations for narcotics control assistance to such countries. Amends the State Department Basic Authorities Act of 1956 (SDBAA) to provide additional funds for rewards for information relating to international terrorism. Provides for the reallocation of funds withheld from countries which failed to take adequate steps to halt illicit drug production or trafficking. Earmarks funds for FY 1989 for: (1) education and training of, and the expenses of deploying, training teams in foreign countries for narcotics control purposes; and (2) procurement of weapons to defend aircraft involved in narcotics control efforts. Sets forth congressional notification requirements. Subtitle B: Restriction on Foreign Assistance and Trade Benefits - Revises certification procedures for drug producing and drug-transit countries under the Trade Act of 1974 and the FAA to take into account actions by foreign governments to stem the flow of illicit drugs into the United States. Authorizes assistance under the FAA for narcotics education and awareness activities. Subtitle C: Reporting Requirements - Subjects any transfer by the Government to a foreign country for narcotics control purposes of any property seized by, or otherwise forfeited to, the Government in connection with narcotics-related criminal activity to the regular reprogramming procedures under the FAA. Requires the President to submit a report to the Congress of all such transfers during that fiscal year. Requires the President to submit annual reports to the Congress describing: (1) the assistance provided, or to be provided, to certain countries by the DEA, Customs Service, and Coast Guard; and (2) U.S. assistance for the previous fiscal year which was denied and the identities of officials whose activities caused such government to be evaluated. Requires specified determinations by the President to be expressed in numerical terms of maximum achievable reductions in illicit drug production. Requires the President to include in the first report required under the FAA what, if any, incentives may be appropriately provided to encourage each country's further cooperation. Provides for additional notification and reporting requirements on drug producing and drug-transit countries. Subtitle D: Latin American Anti-Drug Strike Force - Requires the President to direct the U.S. Ambassador to the Organization of American States (OAS) to initiate discussions with OAS members aimed at securing agreement on the formation of a multinational strike force to conduct operations against international illegal drug smuggling organizations in the Western Hemisphere. Directs the Secretary of State to report to specified congressional committees on progress toward achieving establishment of such strike force. Provides for the submissions to the Congress of a supplemental budget request for FY 1989 and 1990 covering the U.S. share of its operation, if progress is made or an agreement reached. Subtitle E: Miscellaneous Provisions - Urges: (1) the Secretary of the Treasury to negotiate with finance ministers of foreign countries to establish an international currency control agency; and (2) the United States to seek to curb international money laundering on the domestic front. Expresses the sense of the Congress that the President should: (1) convene an International Conference on Combatting Illegal Drug Production, Trafficking, and Use in the Western Hemisphere; and (2) call for negotiations on the establishment of an international drug force to pursue and apprehend major international drug traffickers. Directs the President to conduct a review of U.S. reliance on narcotics raw material from foreign sources. Places restrictions on presidential certifications under the FAA with respect to any major drug producing or drug-transit country which is also a producer of licit narcotics and raw materials. Title V: User Accountability - Subtitle A: Opposition to Legalization and Public Awareness - Expresses the sense of the Congress opposing legalization of illicit drugs. Requires the Drug Control Director to develop a public awareness campaign pertaining to penalties for the use or possession of illegal drugs. Subtitle B: National Commission on Drug-Free Schools - Establishes a National Commission on Drug-Free Schools. Specifies the composition, duties, compensation of members, and powers of the Commission. Requires the Commission to report its findings and recommendations to the President and the Congress. Authorizes appropriations. Subtitle C: Preventing Drug Abuse in Public Housing - Chapter 1: Regulatory and Enforcement Provisions - Amends the United States Housing Act of 1937 (Housing Act) to permit the termination of a tenancy in public housing where any member of the tenant's household, guest, or a person under the tenant's control engages in specified criminal activity. Authorizes a public housing agency to hire investigators of drug crimes. Requires the Secretary of Housing and Urban Development (HUD) to: (1) conduct a study of the extent to which security activities in public housing projects are funded under the Performance Funding System; and (2) transmit to the Congress a report on such study. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants under the BJA block grant program to address the problems of drug trafficking and the manufacture of controlled substances in public housing. Includes a leasehold interest in property as subject to forfeiture under the CSA. Chapter 2: Public Housing Drug Elimination Pilot Program - Public Housing Drug Elimination Act of 1988 - Authorizes the Secretary of HUD to make grants to public housing agencies to eliminate drug-related crime in public housing projects. Includes among the authorized uses of such funds: (1) employment of security personnel; (2) reimbursement of local law enforcement agencies for additional protective services; and (3) security-enhancing physical improvements. Requires such Secretary to report to the Congress on the success of the program. Authorizes FY 1989 appropriations. Chapter 3: Report on Impact of Public Housing Lease and Grievance Regulation on the Ability of PHAS to Take Action Against Tenants Engaging in Criminal Activity - Directs the Secretary of HUD to submit to the Congress a report on the impact of the implementation of specified provisions of the Housing Act on the ability of public housing agencies to evict or take other appropriate action against tenants engaging in criminal activity. Subtitle D: Drug-Free Workplace Act of 1988 - Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for such proceedings and the effect of such debarment. Requires grantees or contractors, within 30 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) take appropriate personnel action against such employee up to and including termination; or (2) require such employee to participate satisfactorily in an approved drug rehabilitation program. Provides for waiver of the requirements of this Act in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this Act. Subtitle E: Transportation Industry Alcohol and Controlled Substances Testing Program - Amends the Aviation Act to establish an alcohol and controlled substances testing program for air carriers and Federal Aviation Administration employees in safety-sensitive positions. Prohibits continued service by individuals in such positions following use of alcohol or a controlled substance without lawful authorization. Directs each air carrier to establish and maintain a rehabilitation program providing for the identification, and opportunity for treatment, of employees and Federal Aviation Administration employees in safety-sensitive positions. Provides for the establishment of procedures for testing, including the setting of standards for testing and confirmation of results. Specifies the relationship between this and other laws and regulations. Amends: (1) the Federal Railroad Safety Act of 1970 to provide analogous treatment for the railroad industry; and (2) the Commercial Motor Vehicle Safety Act of 1986 to set up a pilot program for the random testing of commercial motor vehicles to determine illicit alcohol or drug use. Requires the Secretary of Transportation to: (1) establish a program of testing and screening of urban mass transportation employees in safety-sensitive positions upon a reasonable suspicion of illicit alcohol or drug use; and (2) promulgate regulations, including requirements for a rehabilitation program for such employees. Subtitle F: Federal Privileges and Benefits - Requires the DNDCP to submit to the Congress a list of Federal privileges, benefits, grants, and loans which, if withheld from individuals convicted of a Federal or State drug offense, would significantly deter the use of illegal drugs in the United States. Subtitle G: Restrictions on Passports for Violators of Controlled Substance Laws and Other Laws - Amends the SDBAA to place restrictions on passports for violators of controlled substance laws. Subtitle H: Authorization of Appropriations for President's Media Commission on Alcohol and Drug Abuse Prevention - Authorizes appropriations for the President's Media Commission on Alcohol and Drug Abuse Prevention for FY 1989-91. Title VI: Sense of the Congress on Drug Funding - Expresses the sense of the Congress with respect to the funding of authorizations in this Act, the handling of subsequent obligations that might arise, and the raising of additional funds from an Internal Revenue Service enforcement and collection initiative and increased receipts arising out of the assets forfeiture fund. Title VII: Death Penalty for Drug-Related Killings - Amends the CSA to establish criteria for the imposition of the death penalty where any person: (1) engaging in a continuing criminal enterprise intentionally, or with reckless indifference to human life, kills or participates in the killing of any individual; or (2) intentionally, or with reckless indifference to human life, kills or participates in the killing of a law enforcement officer during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution, or service of a prison term for a felony violation of such Act. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing the factors it will seek to prove as a basis for the death penalty. 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 the 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. Prohibits the death sentence with respect to any person who: (1) was under 18 years of age at the time the crime was committed; or (2) by reason of mental disease or defect is unable to understand his or her impending death or its reasons. Sets forth both mitigating and aggravating factors to be considered by the jury or the court when imposing its sentence. Includes among the latter: (1) the intentional nature of the act that resulted in the victim's death; (2) previous convictions for CSA violations; 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, or sex of the defendant in its consideration of the sentence. Requires each juror to return a signed certificate stating that these features were not considerations in determining the sentence. Directs the Comptroller General to: (1) conduct a study of the procedures used by States in determining whether to impose the death penalty; and (2) report to the Congress on any factors that may account for the evidence that the race of the defendant or victim influences the likelihood that defendants will be sentenced to death. Allows the court to impose a sentence of life imprisonment without the possibility of parole if 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. States that no employee shall be required to participate in or attend any execution carried out under this Act if such participation is contrary to the employee's moral and religious convictions.
United States · United States Congress · 3 October 1988
Congratulates the men, women, and families of the National Aeronautics and Space Administration, its contractors, the members of a specified National Research Council panel, and the crew of the Discovery for their efforts in support of the space program.
United States · United States Congress · 3 October 1988
Commends the Honorable Robert C. Byrd, Majority Leader of the Senate, for his dedication to the ideals of representative democracy and for his outstanding service to the United States.
United States · United States Congress · 28 September 1988
Designates October 15, 1988, as National Fire Fighters Day.
United States · United States Congress · 28 September 1988
Congratulates the men and women of the U.S. space program and offers best wishes and God-speed to the crew of the Discovery.
United States · United States Congress · 27 September 1988
Designates the week of June 18 through June 24, 1989, as National Grasslands Week.
United States · United States Congress · 26 September 1988
Designates the week beginning September 11, 1988, as National Youth 2000 Week.
United States · United States Congress · 23 September 1988
Amends the United States Institute of Peace Act to provide a permanent authorization of appropriations for the United States Institute of Peace. Repeals a provision prohibiting the use of Federal funds to pay for private fringe benefit programs.
United States · United States Congress · 20 September 1988
Marine Mammal Protection Act Amendments of 1988 - Amends the Marine Mammal Protection Act (the Act) to provide for an interim exemption period for commercial fishing operations (other than commercial yellowfin tuna fishing) from specified provisions of the Act governing the incidental taking of marine mammals. Sets forth requirements which supersede such provisions during the interim period (from the enactment of this Act until October 1, 1993). Makes such exemptions available only to owners of vessels which: (1) are vessels of the United States; and (2) have valid fishing permits issued by the Secretary of Commerce (the Secretary) under the Magnuson Fishery Conservation and Management Act. Declares the immediate goal that the incidental kill or serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. Sets forth procedures to be used during such interim period for identifying categories of fisheries and registering vessels and vessel owners in order to comply with the Act. Directs the Secretary to compile and publish lists of fisheries in three categories based on frequency of incidental taking of marine mammals by vessels in those fisheries. Requires proposed lists within 60 days after enactment of this Act, final lists within 120 days after enactment, and at least annual updating and revising of such lists based on specified information-gathering programs, other relevant sources, and public comment. Directs the Secretary to grant an exemption for a vessel engaged in a fishery identified under either of the two categories of frequent or incidental taking of marine mammals, upon the receipt of a completed registration form. (The third category is "remote likelihood of or no known incidental taking.") Directs the Secretary to issue annually a decal or other physical evidence that the exemption is current and valid. Provides that such exemptions shall authorize the incidental taking of marine mammals, other than California sea otters, from any species or stock, including a depleted population stock. Prohibits such exemptions from authorizing the intentional lethal taking of any Steller sea lion, any cetacean, or any marine mammal from a population stock designated as depleted. Establishes a 240-day grace period after the enactment of this Act, after which owners of vessels in fisheries where there is either frequent or occasional taking of marine mammals must: (1) have registered with the Secretary to obtain an exemption for each vessel; (2) ensure that the decal or other physical evidence of exemption is displayed on or in the possession of the master of each vessel; and (3) comply with specified reporting requirements. Requires owners of vessels receiving an exemption for any fishery where there is frequent taking to take on board a marine mammal observer if requested to do so by the Secretary, as a condition of such exemption. Subjects to penalties under the Act any owners and masters of vessels engaged in fisheries where there is frequent or occasional taking who fail to obtain, or to maintain a current and valid exemption, or to ensure that the decal is displayed or held. Exempts from such penalties any unknowing violations committed before January 1, 1990. Provides that owners, masters, and crew members of vessels engaged in any fishery not identified as a place of frequent or occasional taking of marine mammals shall not be subject to penalties if the owner reports to the Secretary instances of lethal incidental taking in the course of that fishery. Directs the Secretary to develop means by which to integrate and coordinate the granting and administration of exemptions with existing fishery licenses, registrations, and related programs. Directs the Secretary to use a variety of means of communicating to commercial fishermen the requirements of such interim exemption period. Authorizes the Secretary to charge a fee to cover administrative costs for granting an exemption. Requires owners of exempt vessels to compile information regularly for a report to the Secretary submitted either at the close of the fishing season or annually, as the Secretary may prescribe. Requires such reports to contain specified information relating to the incidental taking of marine mammals. Directs the Secretary to establish a program to enhance the quality of and to verify such information. Directs the Secretary to place observers on from 20 to 35 percent of exempted vessels for each fishery identified as having frequent taking of marine mammals, in order to obtain statistically reliable information on species and number of marine mammals incidentally taken in the fishery. Directs the Secretary to implement an alternative observation program if fewer than 20 percent of the fishing operations will be monitored. Sets forth guidelines for determining the distribution of observers among fisheries and vessels. Sets forth priorities for allocating observers among fisheries when the required level of coverage cannot be met. Requires collection of additional biological and scientific information on target and non-target fishery resources and seabirds, to be gathered upon request of appropriate entities. Sets forth conditions under which the Secretary is not required to place an observer on a vessel. Bars an observer (under this exemption program or the tuna vessel program under the Act), from suing a vessel owner under any law of the United States for any injury or fatality incurred during service as an observer, except in cases of the owner's willful misconduct or engaging the observer to perform any duties in service to the vessel. Authorizes appropriations for FY 1990 through 1993 to the Department of Commerce for such observer program. Directs the Secretary to establish an alternative observation program to provide statistically reliable information on the species and number of marine mammals incidentally taken: (1) in those fisheries identified as places of frequent taking for which the required (20 percent) level of observer coverage has not been met; or (2) for any other fisheries for which such reliable information is not otherwise available. Includes under such program direct observation of fishing activities from vessels, airplanes, or points on shore. Directs the Secretary to review information on the incidental taking of marine mammals and evaluate the effects of such taking on the affected population stocks. Directs the Secretary, upon finding that such taking is having an immediate and significant adverse impact on a marine mammal population stock, or such taking results in the annual killing of higher than specified numbers of Steller sea lions and North Pacific fur seals, to consult with appropriate Regional Fishery Management Councils and State fishery managers and prescribe emergency regulations to prevent any further taking. Sets forth requirements relating to such emergency regulations. Directs the Secretary, upon finding that such taking is not having an immediate and significant adverse impact but will likely have such an impact over a period of time longer than one year, to request the appropriate Regional Fishery Management Council or State to initiate, recommend, or take such action within its authority as it considers necessary to mitigate the impact, including adjustments to requirements on fishing times or areas, or imposition of restrictions on the use of vessels or gear. Directs the Secretary to impose appropriate conditions and restrictions on an exemption if: (1) a Regional Fishery Management Council or State does not act on such request in a reasonable period of time; or (2) the Secretary determines after notice and opportunity for public comment that the purposes of the interim exemption program would be better served by such action. Directs the Secretary to: (1) design and implement an information management system to process and analyze reports received from specified programs and other relevant sources on marine mammals; and (2) make such information accessible to the public on a continuing basis, no later than six months after it is received, subject to certain confidentiality requirements. Directs the Secretary, in carrying out duties during the interim exemption period, to use the services of various entities on a reimbursable or other basis. Authorizes the Secretary to enter into contracts and agreements to carry out such responsibilities. Requires the Secretary to establish appropriate guidelines for such other programs. Requires contractors providing observer services to provide evidence of financial responsibility to compensate employees for injury or fatality. Makes confidential any information collected under specified programs of the interim exemption period, and prohibits its disclosure, except to Federal, State, or Regional Fishery Management Council employees under certain conditions, or when required by court order. Directs the Secretary to prescribe procedures to preserve such confidentiality, but to release or make public any such information in a form which does not disclose the identity or business of any person. Directs the Secretary, in consultation with an affected Federal agency, to prescribe regulations for the interim exemption period. Directs the Chairman of the Marine Mammal Commission, after consultation with interested parties and not later than February 1, 1990, to transmit to the Secretary and make available to the public recommended guidelines to govern the incidental taking of marine mammals in the course of commercial fishing operations (other than certain commercial yellowfin tuna fishing) after October 1, 1993. Requires such guidelines to be developed by the Commission and its Committee of Scientific Advisors on Marine Mammals. Directs the Secretary, by February 1, 1991, to publish for public comment the suggested regime which the Secretary considers should, if authorized by enactment of additional legislation, govern incidental taking of marine mammals (other than in commercial yellowfin tuna fishing) after October 1, 1993. Sets forth requirements for such regime. Directs the Secretary, by January 1, 1992, after consultation with the Commission and consideration of public comment, to transmit to specified congressional committees recommendations pertaining to the incidental taking of marine mammals (other than in commercial yellowfin tuna fishing) after October 1, 1993. Sets forth requirements for such recommendations. Directs the Secretary to consult with the Secretary of the Interior before taking actions or making determinations for the interim exemption period that affect or relate to species or population stocks of marine mammals for which the Secretary of the Interior is responsible under the Act. Deems owners of fixed or other commercial fishing gear deployed with or without the use of a vessel to be owners of vessels engaged in the fishery in which that gear is deployed, for purposes of the interim exemption period. Sets forth new provisions relating to status review and to conservation plans. Directs the Secretary to make determinations of whether a species or stock should be (or should no longer be) designated as depleted only by issuance of a rule, after notice and opportunity for public comment and after a call for information in accordance with specified procedures. Directs the Secretary to do so regardless of whether such determination action is taken on the Secretary's own initiative or in response to a petition for status review. Directs the Secretary to publish: (1) calls for assistance in obtaining the best scientific information available; (2) notices of receipt of petitions for status review and their availability for public review; (3) within 60 days after receipt, findings as to whether petitions present substantial information that the petitioned action may be warranted; (4) findings as to whether such review will be commenced promptly or is precluded by other pending status determination petitions; (5) within 210 days after receipt of petition, a proposed rule as to status, with reasons (with at least a 60-day public comment period on such rule); and (6) within 90 days after the close of such comment period, a final rule on the status, with reasons. Allows the Secretary to delay issuance of a final rule for up to six months to solicit additional information where there is substantial disagreement regarding sufficiency or accuracy of available information. Authorizes the Secretary to issue a final rule as to status any time 60 or more days after a positive finding, upon determination that there is substantial information available to warrant such final status determination and further delay would pose significant risk to the well-being of any species or stock. Requires the Secretary to publish detailed reasons for the expedited determination. Directs the Secretary to prepare conservation plans: (1) by December 31, 1989, for North Pacific fur seals; (2) by December 31, 1990, for Steller sea lions; and (3) as soon as possible, for any species or stock designated as depleted under the Act, unless the Secretary determines such a plan will not promote their conservation. Requires such plans to: (1) have the purpose of conserving and restoring the species or stock to its optimum sustainable population; and (2) be modeled on specified recovery plans under the Endangered Species Act of 1973. Directs the Secretary to implement such plans expeditiously and report on them in the annual report under the Act. Revises provisions relating to the taking of porpoise in a tuna fishery. Prohibits the Secretary from finding that the regulatory program of a foreign nation is comparable to the U.S. program unless it has met specified standards relating to such taking, for purposes of importation embargo provisions. Requires any intermediary nation from which yellowfin tuna or tuna products will be exported to the United States to certify and provide reasonable proof that it has acted to prohibit their importation from any nation from which direct export to the United States is banned under such embargo, within 60 days after the effective date of such ban. Directs the Secretary to certify such bans to the President within six months after they come into effect, for purposes of the Fishermen's Protective Act of 1967. Directs the Secretary, through the Secretary of State, to initiate: (1) negotiations with foreign nations for treaties to protect marine mammals; and (2) discussions with foreign nations whose vessels harvest yellowfin tuna with purse seines in the eastern tropical Pacific Ocean to conclude international arrangements to conserve marine mammals taken incidentally in the course of harvesting. Requires such arrangements to include specified provisions. Directs the Secretary to describe the annual results of such discussions, and proposals for further action, in the annual report under the Act. Directs the Secretary, by January 1, 1989, to promulgate regulations to ensure that sets of the purse seine net on marine mammals are completed no later than 30 minutes after sundown. Authorizes the Secretary to waive or otherwise modify such regulations for either a designated certificate holder on an observed trip or all certificate holders on an observed trip upon determination that they are using techniques and equipment that assure that the incidental mortality rate will be no higher during sundown sets than during daylight sets. Allows the Secretary to: (1) authorize, after public notice and opportunity for comment, designated certificate holders to conduct experimental fishing operations on observed trips to test proposed improvements in fishing techniques and equipment to reduce incidental mortality of marine mammals in commercial yellowfin tuna fishing operations; and (2) waive general permit and other requirements as necessary for such experimental fishing (except for quotas on incidental taking and the prohibition against encircling pure schools of certain species). Directs the Secretary, after public notice and opportunity for comment and consultation with the shippers' panel of experts established pursuant to the general permit to develop and implement by the beginning of the 1990 fishing season a system of performance standards for certificate holders in the use of best marine mammal safety techniques and equipment that are economically and technologically practicable. Sets forth requirements for such system. Makes it unlawful to use class A explosive devices in the course of commercial yellowfin tuna fishing subject to the general permit. Directs the Secretary to prescribe regulations, effective April 1, 1990, to prohibit or restrict the use of class C explosive devices in the course of commercial yellowfin tuna fishing, unless a study determines that the use of such devices does not result in physical impairment or increased mortality of marine mammals. Requires, during the 1989 and subsequent fishing seasons, each certificated vessel to carry an official observer acceptable to the Secretary to conduct research and observe fishing operations, unless such an observer is not available for reasons beyond the Secretary's control. Authorizes the Secretary to waive such requirement after the 1991 season and establish a less extensive observer program upon determination, after notice and opportunity for comment, that such alternative program is adequate. Directs the Secretary to convene annual meetings with representatives of conservation and environmental organizations, the commercial tuna fishing industry, and other interested persons to discuss results of efforts to reduce incidental mortality and serious injury of marine mammals and to develop plans for such efforts during the next year. Directs the Secretary, by April 1, 1992, to submit to specified congressional committees a comprehensive report on the results of such efforts. Sets forth requirements for such report. Directs the Secretary to contract for an independent review, to be conducted by the National Academy of Sciences, of information on potential alternative methods of locating and catching yellowfin tuna without incidental taking of marine mammals. Requires such review to be submitted to the Secretary by September 8, 1989. Directs the Secretary to submit such review, with a proposed plan for research, development, and implementation of alternative fishing techniques, to specified congressional committees by December 5, 1989. Allows Federal, State, or local officials or employees, or designated persons, to take in the course of their duties a marine mammal in a humane manner for: (1) the mammal's welfare or protection; (2) protection of public health or welfare; or (3) nonlethal removal of nuisance animals. Allows the Secretary or a designated person to import a marine mammal if necessary to render medical treatment. Requires return of the mammal to its natural habitat where feasible after such a taking or importation. Authorizes the Secretary to issue permits for: (1) importation of a marine mammal for the protection or welfare of that animal; and (2) the taking or importation of a marine mammal for scientific research, public display, or for enhancing the survival or recovery of a species or stock, under certain conditions. Sets forth limitations on such permits. Extends through FY 1993 the authorization of appropriations to the Department of Commerce, the Department of the Interior, and the Marine Mammal Commission to carry out specified duties under the Act. Directs the Secretary to study the east coast epidemic during 1987 and 1988 which has caused substantial mortality within the North Atlantic coastal population of Atlantic bottle-nosed dolphin. Sets forth requirements for such study. Directs the Secretary to submit a plan for such study to specified congressional committees by January 1, 1989. Amends the Fishermen's Protective Act of 1967 to authorize the President to direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products (currently, only fish products) from an offending foreign nation that diminishes the effectiveness of an international fishery conservation program. Amends the Fur Seal Act of 1966 to authorize appropriations to the Secretary to fund the Saint Paul Island Trust (which is one portion of the Trust for the benefit of the Natives of the Pribilof Islands) for FY 1989 and 1990.
United States · United States Congress · 20 September 1988
Expresses the sense of the Senate that: (1) the United States should welcome an independent Namibia and ensure that the United Nations supervised transitional process assures national reconciliation and self-determination through fair and free elections and the formation of a multiparty, nonracial democracy; (2) U.S. mediators should seek the negotiation of a verifiable withdrawal of all Cuban and Soviet-bloc forces from Angola; (3) the withdrawal of all foreign forces from Angola and the implementation of the U.N.-sponsored process of independence in Namibia must be synchronized with national reconciliation and free and fair elections in Angola; (4) the presence of Soviet-bloc and Cuban military personnel and the buildup of Soviet weaponry by the Popular Movement of the Liberation of Angola (MPLA) in Angola pose a threat to peace; (5) the United States shall not cease assistance to the National Union for the Total Independence of Angola (UNITA) as long as the MPLA continues to receive foreign military assistance and until the President has certified to the Congress that all Cuban forces have been withdrawn from Angola, such forces have not been redeployed elsewhere for a later invasion of Angola, and UNITA and the MPLA have agreed to form a government of national reconciliation and to set a date for holding elections; and (6) the United States should encourage a cease-fire between Cuban and MPLA forces, respectively, and UNITA and promote direct talks between such parties to achieve national reconciliation and the settlement of the Angolan civil war. Directs appropriate Senate committees to: (1) determine what legislative actions may be necessary to promote the establishment of a multiparty, nonracial democracy in Namibia; (2) consider humanitarian assistance to help Angola reconstruct its economy and otherwise recover from the injuries of the civil war; and (3) make recommendations to the President with respect to establishing diplomatic relations with a freely elected government in Luanda and formulate plans to assist such government with economic reforms.
United States · United States Congress · 16 September 1988
Amends title VII (Administration) of the Social Security Act to require the Director of the Office of Rural Health Policy to implement a grant program to establish and support rural health research centers located at public and nonprofit entities which will provide an information base and policy analysis capacity on issues of rural health. Authorizes appropriations for such program and for the Office of Rural Health Policy for FY 1989 through 1991. Establishes the National Advisory Committee on Rural Health to advise the Secretary of Health and Human Services and the Congress concerning the provision and financing of health care services in rural areas. Requires the Committee to submit a report to the Secretary and the Congress by October 10 of each year summarizing the Committee's activities and recommendations during the previous year. Authorizes appropriations for such Committee.
United States · United States Congress · 15 September 1988
Martin Luther King, Jr., Federal Holiday Commission Extension Act - Extends the termination date of the Martin Luther King, Jr. Federal Holiday Commission to April 20, 1994. Makes the term of Commission members one year, except for Coretta Scott King (life term) and members of the family surviving Martin Luther King, Jr. (at the discretion of the family). Replaces provisions requiring all expenditures of the Commission to be from donated funds with provisions authorizing appropriations for FY 1989 through 1993. Makes payment of expenses for Commission members and staff salary subject to the availability of funds.
United States · United States Congress · 13 September 1988
Amends title XVIII (Medicare) of the Social Security Act to cover cancer screening examinations and detection tests which include: (1) a clinical pelvic screening examination; (2) a clinical digital rectal screening examination; (3) a stool occult blood test; (4) a papanicolau (pap) test; and (5) other examinations and tests which the Secretary of Health and Human Services authorizes and which are related to the detection of cancers to which the preceding examinations and tests relate. Prohibits coverage of each such test or examination more than once a year, except for a stool occult blood test which shall be covered biannually. Requires the Secretary to establish: (1) a relative value scale to serve as the basis for payment for such cancer detection procedures; and (2) standards to assure the safety, accuracy, and effectiveness of such procedures. Directs the Secretary to enter into an agreement with a national laboratory and agreements with regional laboratories having expertise in conducting pap tests to evaluate and report on the accuracy of a random sample of such tests from each provider. Requires the Secretary to establish standards of accuracy for such tests and deny payments to providers which do not satisfy such standards. Prohibits a regional laboratory from performing such review function with respect to a laboratory with which it has a financial relationship. Directs the Secretary to use State agencies to determine laboratory compliance with standards established pursuant to this Act.
United States · United States Congress · 8 September 1988
Authorizes the Secretary of Education to provide financial assistance to Voorhees College in Denmark, South Carolina, to pay construction costs and related costs for a Health and Human Resources Center.
United States · United States Congress · 8 September 1988
Marine Sanctuaries Authorization Act of 1988 - Amends title III (Marine Sanctuaries) of the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations through FY 1992. Authorizes the Secretary of Commerce to issue special use permits for the conduct of specified activities in a national marine sanctuary if it is necessary to condition access to and use of, or promote public use and understanding of, a sanctuary resource. Requires that such permits: (1) authorize only those activities which are compatible with the purposes for which the sanctuary is designated, and sanctuary resource protection; (2) last for no more than five years, unless renewed; and (3) require permittees to purchase and maintain comprehensive general liability insurance against claims arising out of permitted activities and agree to hold the Federal Government harmless against such claims. Authorizes the imposition of permit fees which, after recovering permit issuance costs and costs incurred by the Secretary as the direct result of permitted activities, provide the Federal Government with a reasonable return. Authorizes the use of collected fees for the permit program, and for designating and managing sanctuaries. Imposes penalties for the violation of permit provisions. Directs each permittee to submit an annual report to the Secretary which describes activities conducted pursuant to such permit and revenues derived from such activities during the year. Excludes fishing from this Act's permit process. Subjects anyone who destroys, causes the loss of, or injures any sanctuary resource to liability to the Federal Government for response costs and damages resulting from such destruction, loss, or injury. Subjects vessels to liability in rem for such costs or damages. Sets forth defenses to such liability. Directs the Secretary to pursue civil actions against persons or vessels who may be liable for such costs or damages. Requires the Secretary to retain recovered amounts for sanctuary restoration, management, and improvement. Authorizes specified enforcement actions against title III violators, including: (1) the imposition of a civil penalty of up to $50,000 for each day a person is guilty of a violation; (2) the forfeiture of any vessel and other item used, and any sanctuary resource taken or retained in connection with or as a result of a violation; and (3) injunctive relief. Sets forth dates by which the Secretary must issue a designation notice regarding the proposed Cordell Banks, Monterey Bay, and Western Washington Outer Coast National Marine Sanctuaries. Requires the Secretary to submit a prospectus to specified congressional committees by March 31, 1991, regarding the Northern Puget Sound National Marine Sanctuary. Directs the Secretary to conduct a study to determine whether all or any part of the Santa Monica Bay area should be designated as a national marine sanctuary. Requires the Secretary to report to the Congress regarding such study within two years of this Act's enactment and commence the designation process with respect to the area or any part of it if it or any part of it is found to be appropriate for designation.
United States · United States Congress · 8 September 1988
Directs the Secretary of Transportation to issue regulations requiring air carrier aircraft manufactured after January 1, 1990, to be equipped with crash-resistant inner fuel tanks and breakaway, self-sealing fittings throughout the fuel system or other devices or means which will prevent the spraying or free flow of fuel after an air crash. Mandates that aircraft manufactured on or before such date be retrofitted to reduce the incidence of fire or explosion. Requires the Secretary to implement a research and development program to achieve a reduction in rapid fuel dispersal and combustibility in connection with an air crash. Authorizes appropriations.
United States · United States Congress · 7 September 1988
Designates the week of November 21 through November 27, 1988, as National Adoption Week.
United States · United States Congress · 11 August 1988
Designates the period of September 17 through October 10, 1988, as Coastweeks '88, recognizing the importance of coastal zones.
United States · United States Congress · 11 August 1988
Declares that, on the return of Joseph Biden to the Senate after a six-month absence to recuperate from surgery, the Members of the Senate extend their warmest welcome and personal happiness as well as their best wishes for his continued good health.
United States · United States Congress · 10 August 1988
Designates January 28, 1989, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 10 August 1988
Designates October 2 through October 8, 1988, as National Paralysis Awareness Week.
United States · United States Congress · 9 August 1988
National Bureau of Standards Authorization Act for Fiscal Year 1989 - Title I: National Bureau of Standards Authorization Authorizations for Program Activities - Authorizes appropriations to the Secretary of Commerce for FY 1989 to carry out the following activities of the National Bureau of Standards (NBS) (now the National Institute of Standards and Technology (NIST)) (1) measurement research and standards; (2) materials science and engineering; (3) engineering measurements and standards; (4) computer science and technology; (5) technology services; and (6) research support activities. Permits transfers of funds among such activities under specified conditions. Authorizes specified amounts from such funds solely for: (1) steel technology; (2) the Center for Building Technology; (3) the Center for Fire Research; (4) support of Regional Centers for the Transfer of Manufacturing Technology; (5) the evaluation of non-energy related inventions and related technology extension activities; and (6) technical competence programs. Prohibits the merger of the Center for Building Technology and the Center for Fire Research. Authorizes additional appropriations for FY 1989 for: (1) activities of the Office of Under Secretary of Commerce for Technology; (2) activities of the Office of Technology Policy; (3) implementation of the purposes of the Japanese Technical Literature Act of 1986; and (4) salary adjustments. Mandates that the Research Information Center of the NBS be maintained as a governmental activity. Instructs the Director of the NBS (NIST) to undertake, as appropriate, a variety of activities in the interest of extending and transferring technical services and other expertise to the States and to businesses, including improving access to Federal laboratories and evaluating inventions from small businesses or individuals that have significant potential for improving competitiveness. Directs the Director of the NBS (NIST) to study public and private sector needs for evaluated engineering data and to report to the Congress, recommending appropriate roles for the NBS (NIST) other relevant government and professional entities in collecting, evaluating, and disseminating such data. Instructs the Director to report to specified congressional committees on post-1986 domestic technology transfer accomplishments, trends, and plans of the agency. Describes required report contents. Title II: National Technology Administration in Department of Commerce Technology Administration - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish in the Department of Commerce a Technology Administration comprising: (1) the National Bureau of Standards (National Institute of Standards and Technology); (2) the National Technical Information Service; (3) such other agencies, programs, and activities of the Department of Commerce as the Secretary of Commerce determines should be transferred to the entity; and (4) an Office of Technology Policy, a policy analysis entity. Describes duties of the Administration, including assuming the functions currently assigned to the Office of Productivity, Technology, and Innovation. Directs the President to appoint, with the advice and consent of the Senate, an Under Secretary of Commerce for Technology and an Assistant Secretary of Commerce for Technology Policy. Describes the duties of these officials. Title III: National Technical Information Service - National Technical Information Act of 1988 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish the National Technical Information Service (NTIS) as a Government corporation. Assigns to it the duties performed by the existing National Technical Information Service, as well as additional functions, including making its products available to depository libraries as part of the Government Printing Office Depository Library Program and making available in English unclassified foreign technical information. Directs the President to appoint, with the advice and consent of the Senate, an Administrator to manage the NTIS. Establishes an NTIS Advisory Board. Requires annual reporting and auditing in connection with NTIS activities. Title IV: Miscellaneous Amendments to Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to: (1) make specific provision for intellectual property within the context of cooperative research and development agreements; (2) authorize cash awards to scientific, engineering, and technical personnel for computer software; and (3) revise provisions regarding the distribution to inventors of royalties received by Federal agencies. Makes this final amendment retroactive to October 20, 1986.
United States · United States Congress · 9 August 1988
Designates November 28 through December 2, 1988, as Vocational-Technical Education Week.
United States · United States Congress · 8 August 1988
Atlantic Marine Fisheries Act of 1988 - Amends the Magnuson Fishery Conservation and Management Act to direct the Secretary of Commerce, when State regulations or a Federal moratorium on fishing for Atlantic striped bass within the coastal waters of a coastal State are in effect, to promulgate regulations governing fishing for such fish in the exclusive economic zone. Authorizes the appropriate Regional Fishery Management Councils to prepare a fishery management plan on Atlantic striped bass. Provides that such plan, if approved and implemented by the Secretary, shall supersede any regulations promulgated under this Act. Terminates provisions of this Act relating to fishing regulations and authorization of a fishery management plan on September 30, 1991. Amends the Atlantic Striped Bass Conservation Act to authorize appropriations for 1988 through 1991. Extends the termination date for such Act to September 30, 1991. Amends the Anadromous Fish Conservation Act to authorize appropriations for FY 1988 through 1991.
United States · United States Congress · 8 August 1988
Designates the week of September 25, 1988, as Religious Freedom Week.
United States · United States Congress · 2 August 1988
Designates October 7, 1988, as National Teacher Appreciation Day.
United States · United States Congress · 2 August 1988
Designates the week beginning November 6, 1988, as National Women Veterans Recognition Week.
United States · United States Congress · 27 July 1988
Textile Apparel and Footwear Trade Act of 1988 - Limits the 1987 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1986 imports classified under such category. Limits the 1987 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1986 imports of nonrubber footwear classified under such category; and (2) in the case of low priced nonrubber footwear, the total 1986 imports of low priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1987. Sets forth specified exceptions to the limits placed on imported textiles and nonrubber footwear. Authorizes the Secretary of Commerce to prescribe regulations to enforce limitations imposed on the quantity of textiles classified under each category which are entered in 1989 only if they ensure that: (1) the amount of such limitations is allocated to such products of each country to which the total quantity of U.S. agricultural products exported during the year preceding the applicable year exceeds the total quantity of U.S. agricultural products exported to such country during the year before the year preceding the applicable year; and (2) the amount of textiles classified under each category entered during the applicable year that is allocated so that each country exceeds the quantity of such products of such country classified under such category that entered during the year preceding the applicable year. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation, to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether such country has violated trade concessions of benefit to the United States and such violation has not been adequately offset by U.S. action or by the action of such country. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this paragraph, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this paragraph, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on the operation of this Act. Requires the Secretary of the Treasury to establish a pilot program for the issuance and sale of import licenses applicable to categories of textiles to U.S. companies at public auction. Sets forth provisions relating to the applicability of such licenses to such categories. Requires revenues from the sale of import licenses to be paid into the Treasury. Terminates such licensing program on December 31, 1989. Requires the Secretary of the Treasury to report to the Congress, not later than March 31, 1990, on the administration of such program.
United States · United States Congress · 26 July 1988
Designates September 24, 1989, as United States Marshals Bicentennial Day.
United States · United States Congress · 7 July 1988
National Science and Technology Policy Amendments of 1988 - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to provide for assignment to the Federal Coordinating Council for Science, Engineering, and Technology of responsibilities to make long-range plans for cooperative scientific and technical research among Federal agencies. Directs the President, through the Council, to develop a National Global Change Research Plan for a ten-year national research effort concerning both human-induced and natural processes of global change. Requires the Plan to include objectives, funding requirements, and proposed roles for each appropriate Federal agency. Requires that the Plan be submitted to the Congress within one year of this Act's enactment and revised at least triennially. Lists research topics and activities, including global measurements, documentation of global changes, predictions, and data base development. Suggests primary assignments with respect to specific agencies. Directs each participating Federal agency to include global change research funding requirements in its annual budget request. Directs the Chairman of the Council to submit to the President and to the Congress an annual report on global change research efforts.
United States · United States Congress · 7 July 1988
Designates the week of February 5 through February 11, 1989, as National Burn Awareness Week.
United States · United States Congress · 29 June 1988
Designates October 8, 1988, as National Day of Outreach to the Rural Disabled.
United States · United States Congress · 28 June 1988
Authorizes and requests the President to designate the week of November 20 through November 26, 1988, as National Family Week.
United States · United States Congress · 23 June 1988
Hunger Prevention Act of 1988 - Title I: Emergency Hunger Prevention - Subtitle A: Temporary Emergency Food Assistance Program - Amends the Temporary Emergency Food Assistance Act of 1983 to state that the dairy export incentive program and the export sales of dairy products program shall not be operated in a way that will reduce the dairy products available for the temporary emergency food assistance program (TEFAP) or any other domestic feeding program. Directs the Secretary of Agriculture to establish procedures for non-Federal commodity contributions to Federal food assistance programs. Authorizes States and feeding organizations to use TEFAP funds, equipment, and facilities to store, handle, and distribute such commodity contributions. Permits States to use up to three percent of TEFAP funds for food assistance information programs. Directs State and local agencies to continue to use volunteers and donated food stuffs in food distribution programs. Extends TEFAP, including storage and distribution authorizations, through FY 1990. Increases the amount of TEFAP funds for emergency feeding organizations. Extends TEFAP commodity estimate requirements through FY 1990. Directs the Secretary, during each of FY 1989 and 1990, to purchase and makes available for food assistance at least $145,000,000 worth of high protein additional commodities. Establishes a State distribution formula based on 60 percent poverty level and 40 percent unemployment. Authorizes appropriations. Directs States to use TEFAP funds for the costs of distributing additional commodities to emergency feeding organizations, soup kitchens, and other meal sites and charitable organizations. Amends the Food Security Act of 1985 to extend through FY 1991: (1) the dairy export incentive program; and (2) the export sales of dairy products program. Subtitle B: Soup Kitchens and Other Emergency Food Aid - Directs the Secretary, during each of FY 1989 through 1991, to purchase and make available to soup kitchens and other meal sites and charitable organizations $40,000,000 of additional commodities. Establishes a State distribution formula based on 60 percent poverty level and 40 percent unemployment. Authorizes appropriations. Subtitle C: Basic Food Stamp Benefit Levels - Amends the Food Stamp Act of 1977 to increase basic food stamp benefit levels as follows: (1) for the period of January 1, 1989, through September 30, 1989, basic benefits would be set at 79 percent of the Department of Agriculture's low-cost food plan; (2) for FY 1990 at 79.5 percent of such plan; and (3) for post-FY 1990 at 80 percent of such plan. Subtitle D: Commodity Supplemental Food Program - Directs the Commodity Credit Corporation (CCC) to make 7,000,000 pounds of cheese available in each of FY 1989 and 1990 to the commodity supplemental food program. Title II: Nutrition Improvements - Subtitle A: Food Stamp Act of 1977 - Amends the Food Stamp Act of 1977 to prohibit parents living with their minor children from applying for food stamps as a "household" separate from their co-residents (even if meals are purchased and prepared separately). Makes permanent categorical food stamp program (program) eligibility based on eligibility for specified social security programs. Exempts households with an elderly or disabled member from monthly income tests. States that: (1) household not required to submit monthly income reports shall have their income calculated on a prospective basis; and (2) households required to submit monthly income reports shall have their income calculated on a retrospective basis, except under specified circumstances. Repeals the requirement of prior approval by the Secretary for less than monthly income reporting of certain households. Prohibits a state agency from requiring periodic reporting of households: (1) made up entirely of migrant or seasonal farm workers; (2) made up entirely of homeless persons; or (3) with no earned income and in which all adult members are elderly or disabled. Requires that households reporting monthly be provided with clear and understandable reporting forms. Provides full program benefits for breaks in certification of 30 days of less. Permits households subject to benefit prorating to receive an aggregate benefit allotment. Extends the scope of program information activities. Amends the Homeless Eligibility Clarification Act to make permanent the authority for homeless persons in shelters to receive food stamps. Subtitle B: Child Nutrition Act of 1966, and National School Lunch Act - Amends the Child Nutrition Act of 1966 to increase the school breakfast program reimbursement rate by three cents per meal. Amends the National School Lunch Act to provide an additional meal or snack to children who attend day care centers which are open more than eight hours a day. Amends the Child Nutrition Act of 1966 to define "homeless individual" for purposes of the special supplemental food program (WIC) as an individual who: (1) lacks a fixed and regular nighttime residence; or (2) has a primary nighttime residence that is a publicly or privately operated temporary shelter, an institution providing temporary residence for persons intended to be institutionalized, temporary accommodation in another individual's residence, or a public or private place not normally used as a sleeping accommodation. Makes homeless individuals eligible for the special supplemental food program. Requires State WIC plans to include homeless outreach programs. Amends the National School Lunch Act to permit public or private nonprofit higher education institutions participating in the National Youth Sports program and certain private nonprofit organizations to participate in the summer food program. Title III: Administrative Improvements and Simplification - Subtitle A: Reducing Unnecessary Paperwork - Amends the Food Stamp Act of 1977 to require State agencies to attempt to conciliate a dispute with a program participant before terminating program benefits. Sets forth specified categories of program ineligibility (income, program violations, status) where such procedure shall not be required. Directs the Secretary, in consultation with the Secretary of Health and Human Services, to assist States to develop simple application forms for food stamps, aid to families with dependent children, and Medicaid. Requires State agencies to provide applicant households with a statement of required program verification. Bars program denial because of the failure of a person outside the household to cooperate in such verification. Requires State plans of operation to provide for opportunities to make reports (in person or by telephone) to food stamp offices. Subtitle B: Assuring Accurate Issuance of Benefits - Requires State agencies to promptly restore improperly denied, terminated, or underissued benefits when a household's loss is discovered through a review procedure. Authorizes State agencies to provide special training to: (1) certifying personnel relating to households that include members who are self-employed or engaged in farming; and (2) personnel working with volunteer or nonprofit organizations that offer program screening or information services. Requires the Secretary to annually publish instructional materials for such certifying personnel. Requires State agencies to provide households with a statement describing the household's reporting responsibilities at the time of each certification and recertification. Subtitle C: Reducing Barriers in rural America - Requires State plans of operation to include a procedure for designating rural project areas with transportation problems as appropriate for certification and coupon issuance by mail. Requires such plans to provide that a community of more than 5,000 persons that is more than 30 miles from its certification office be visited at least twice a month by a certification officer unless such community is otherwise served in a manner that provides reasonable program access. Requires the Secretary to set standards for food stamp office closings or relocations which shall seek to minimize the adverse impact on program access, with special emphasis on the needs of rural areas, the elderly, the disabled, and the homeless. Subtitle D: Eliminating Inequities for Farmers and Others - Continues program benefits to participants who receive pay-outs, including direct cash payments, from other Federal assistance programs. Permits households with self-employed farming income and irregular expenses to annualize income and expenses. Excludes from financial resources farm property (land, equipment, or supplies) for a one-year period after a self-employed farmer ceases farming. Prohibits making a household ineligible for program benefits due to its failure to dispose of a farming asset which would produce no funds in excess of any liens, mortgages, or other security interests, or be contrary to a legal duty. Subtitle E: Reducing Barriers for the Elderly and Disabled - Amends the definition of "disabled person" for program purposes to include the following benefits if such benefits are conditioned on criteria at least as stringent as those used under the Social Security Act: (1) interim supplemental security income-type benefits; (2) disability-related medical assistance under Medicaid; and (3) disability-based State assistance. Provides elderly and disabled persons with a simplified procedure for claiming excess medical deductions. Provides for a coordinated aid to families with dependent children-food stamp application. Title IV: Family Self-Sufficiency - Excludes from being considered as income for food stamp program purposes: (1) advance earned income tax credit payments; and (2) dependent care reimbursements under an employment and training program. Increases such maximum reimbursements from $160 per household per month to $160 per dependent per month. Increases the resource limit on automobiles from $4,500 to: (1) $4,700 in FY 1989; (2) $4,900 in FY 1990; (3) $5,150 in FY 1991; (4) $5,400 in FY 1992; and (5) $5,500 in FY 1993. Includes the following within the definition of "employment and training program": (1) high school or equivalent programs; (2) remedial literacy programs; (3) English-as-a-second-language instructional programs; (4) on-the-job training programs; and (5) job readiness programs. Provides, with regard to such employment and training programs, that: (1) the Secretary shall issue regulations under which State agencies shall establish conciliation procedures; (2) Federal funds shall not be used to supplant non-Federal funds for existing services; (3) State or local funds for such services shall be maintained at not less than FY 1987 levels; (4) transportation costs up to $100 per participant per month shall be covered; (5) the Secretary shall establish State performance standards based on employment and achievement of self-sufficiency; (6) Indian tribal organizations may conduct programs on reservations, with State program amounts of Federal assistance reduced as specified; and (7) the Secretary shall develop and transmit to the appropriate congressional committees incentive payment proposals. Title V: Demonstration Projects - Amends the Child Nutrition Act of 1966 to authorize three-year demonstration project grants in ten States to provide coupons (between ten and 20 dollars' worth) to WIC recipients for use at farmers' markets. Requires at least 30 percent State matching funds. Prohibits the use of funds to construct or operate a farmers' market. Limits the use of funds for administrative costs. Requires: (1) State recipients to make annual reports to the Secretary; and (2) the Secretary to provide the appropriation congressional committees with a project evaluation report within two years after the last grant award. Authorizes FY 1989 through 1991 appropriations. Authorizes the Secretary to carry out food bank commodity distribution projects. Requires the Secretary to submit a program report to the appropriate congressional committees by January 3, 1990. Terminates program authority on September 30, 1991. Authorizes FY 1989 through 1991 appropriations. Directs the Secretary, within 30 days after enactment of this Act but not earlier than October 1, 1988, to conduct a one-State demonstration project to reimburse family or group day care centers for providing an additional meal or supplement in order to determine: (1) if such additional meal or supplement increases child care food program participation; (2) the extent to which meal services increase in such homes; and (3) the nutritional impact of such meals and supplements. Requires the Secretary to submit a report to the appropriate congressional committees. Terminates the project not later than 12 months after its initiation. Title VI: Implementation - Sets forth specified effective dates for provisions of this Act.
United States · United States Congress · 20 June 1988
Designates the period of November 28 through December 5, 1988, as National Book Week.
United States · United States Congress · 17 June 1988
Federal Personnel Improvements Act of 1988 - Title I: Alternative Compensation Programs - Directs the Office of Personnel Management (OPM) to implement demonstration programs using alternative compensation systems as set forth in this Act. Provides for participation in such systems by employees in collective bargaining units. Describes the types of alternative systems as follows: (1) a system under which annual pay adjustments are made so that total pay and benefits are comparable to those of private enterprise for the same level of work; (2) a system under which annual pay adjustments are made so that rates of basic pay are consistent with those for the same level of work in private enterprise within the same geographic region; (3) a system under which conditions of employment shall be subject to collective bargaining; and (4) a system which identifies separate career categories, adjusts pay based on specified factors, provides pay differentials, and authorizes special awards and performance recognition. Title II: Higher Minimum Rates of Pay, Miscellaneous Allowances, and Other Matters - Authorizes OPM, when it finds that the Government is experiencing significant difficulty in recruiting or retaining well-qualified employees under a statutory pay system for one or more occupations in one or more areas or locations, to establish minimum rates of basic pay for one or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and to make corresponding increases in all rates of the pay range for each such grade or level. Describes conditions which may require higher minimum rates of pay as: (1) pay rates for the positions involved are generally less than the rates payable for similar positions held by individuals outside the Government, or held by individuals within the executive branch of the Government; (2) the remoteness of the area or location involved; (3) the undesirability of the working conditions or the nature of the work involved, including exposure to toxic substances or other occupational hazards; and (4) any other circumstance which OPM may identify. Requires an increase in such higher minimum rates of pay by not less than any percentage of the increase in rates of pay under the General Schedule. Authorizes recruitment and retention bonus payments and advance payment of basic pay to employees eligible for higher minimum rates of pay. Eliminates the GS-11 grade requirement for paying new employees above the minimum rate of the appropriate grade. Removes the limitation on allowances based on duty at remote worksites. (Currently, such amount may not exceed $10 per day.) Removes certain limitations on uniform allowances for agency employees, including that such costs be limited to $125 per employee a year. Authorizes incentive special pay for commissioned nurse officers in the Public Health Service.
United States · United States Congress · 16 June 1988
Designates the week of November 27 through December 3, 1988, as National Sir Winston Churchill Recognition Week.
United States · United States Congress · 14 June 1988
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 21, 1988, as National Military Families Recognition Day.
United States · United States Congress · 14 June 1988
Designates August 1, 1988, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; (4) convey to U.S. allies the importance of unity regarding such Accords; (5) continue his efforts to achieve, before the end of the Vienna meeting, the release of all political prisoners of the Soviet Union, an increase in Soviet emigration, resolution of all family reunification cases, cessation of all radio transmission jamming, and the repeal of laws and practices which undermine human rights; (6) seek the inclusion, in any concluding document agreed to in Vienna, of a mechanism to sustain human rights progress after the Vienna meeting; and (7) convey to signatory states the insistence of the United States for a result at Vienna that will not favor military security at the expense of human rights.
United States · United States Congress · 10 June 1988
Authorizes the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation for a named vessel.
United States · United States Congress · 10 June 1988
Designates October 16, 1988, as World Food Day.
United States · United States Congress · 8 June 1988
Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Ruth Owens in recognition of Jesse Owens' athletic achievements and humanitarian contributions to public service, civil rights, and international good-will. Authorizes appropriations. Authorizes the Secretary of the Treasury to sell bronze duplicates of the medal.
United States · United States Congress · 7 June 1988
Designates July 20, 1988, as Space Exploration Day.
United States · United States Congress · 6 June 1988
Federal Retirement Applications Processing Act of 1988 - Requires Federal agencies to ensure that employee personnel files include information of all Federal employment for retirement purposes within 120 days after an employee begins service with an agency. Requires an agency, if an employee gives at least a year's notice of intent to retire, to: (1) inform such employee of the agency retirement counselor and applicable seminars; and (2) begin processing the retirement application not later than 90 days before the date of separation. Requires the Office of Personnel Management (OPM) to compile quarterly information on the timeliness (within 30 days after a separation date) and accuracy of agencies in submitting retirement applications. Requires agencies that are less than 90 percent accurate or timely to prepare corrective action plans to achieve compliance. Directs OPM to report to the Congress annually on such compliance. Requires the agency retirement counselor to conduct seminars at least twice a year.