United States · United States Congress · 12 April 1988
Smart Start: The Community Collaborative for Early Childhood Development Act of 1988 - Directs the Secretary of Education (the Secretary) to make grants to States and localities with approved plans and applications to assist them to expand or establish full-day early childhood development services for prekindergarten children. Directs the Secretary, in carrying out this Act, to: (1) use the expertise of early childhood experts in the Department of Health and Human Services (HHS); and (2) ensure that individuals administering this Act have expertise in the area of early childhood development. Authorizes appropriations for FY 1989 through 1993 to carry out this Act. Sets forth requirements relating to State and local eligibility for Federal assistance under this Act, including establishment or designation of a State Interagency Advisory Task Force and a Local Policy Group. Sets forth provisions for allotments to States. Reserves a portion of the funds for specified U.S. territories and possessions. Sets forth State allotment formulas based on a State's: (1) number of children five years old or under; (2) number of families with two parents, both of whom are in the labor force, who have one or more children five years old or under; (3) tax capacity index; and (4) tax effort index. Sets forth reallotment provisions. Sets forth provisions for Federal allocation of certain funds to localities. Directs the Secretary to make such allocations to localities from amounts that would be allotted to a State but will not be so allotted because the State elects not to participate in programs assisted under this Act. Makes such a grant to the locality equal to the amount to which it is entitled when ranked by the Secretary against other applicants from the same State. Sets forth provisions for within State reservation and allocation. Directs the Governor to reserve 25 percent of the State allotment for specified activities and to allocate the remaining 75 percent to localities with approved applications on a ranking basis. Sets the following limits on apportioning the 25 percent reserved funds: (1) maximum one percent for the State Interagency Advisory Task Force; (2) maximum four percent for administrative costs; (3) minimum five percent for grants to localities in nonmetropolitan areas and to localities to serve migrant and Indian children or, if no such localities apply, for discretionary grants; (4) minimum ten percent for discretionary grants to localities; and (5) minimum five percent for development and implementation of statewide training programs, and technical assistance to localities for training. Sets forth rules for twofold ranking of applications from localities based on the numbers of: (1) children five years old or under in families below the poverty line compared to the number of all children of such ages in the locality; and (2) families with children of such ages. Sets forth allocation rules. Requires that one-half of the funds be allocated to localities on the basis of each of the above indices, in order of their ranking. Requires the State to provide uniform allocations per child and per family throughout the State in allocating Federal funds and the State portion of the non-Federal share. Prohibits any locality funded under specified provisions from receiving less than $25,000 in total Federal and State funds provided this Act. Sets forth provisions for planning grants. Allows any locality to apply for a six-month planning grant to the State or, if the State does not participate, to the Secretary. Requires planning grant funds to be deducted from the total funds the locality would otherwise be eligible for in the first year of the program. Sets forth application requirements. Sets forth provisions for State Interagency Advisory Task Forces. Requires any State desiring to receive assistance under this Act to establish such a Task Force. Requires each Task Force to report annually to the Governor and the Secretary on the status of early childhood development programs and child care programs operating within the States. Allows a State to use an existing comparable task force for such purposes. Sets forth provisions for a Lead State Agency. Directs the Governor to designate such an agency to administer the early childhood development programs assisted under this Act in the State. Requires such agency to be selected from the State educational agency, the State department of social services, or the State agency for child development or child advocacy. Sets forth requirements for the State application and the State plan. Sets forth provisions for Local Policy Groups. Requires any locality desiring to receive a grant under this Act to form such a Group. Requires each Group to report annually to the State Interagency Advisory Task Force on the status of early childhood development programs and child care within the locality. Allows localities to use existing comparable Groups. Sets forth requirements for local applications and service delivery plans included in such applications. Requires selection of a local administering agency by specified local officials from among the local education agencies, local social services agency, local child development agencies, and local resource and referral agency. Sets forth selection criteria and duties of a local administering agency. Requires localities to submit applications to the Lead State Agency in a participating State, or to the Secretary if they are in a nonparticipating State. Sets forth provisions relating to eligible children and families. Sets forth an age requirement for participation. Makes any child eligible to participate in programs assisted under this Act: (1) in the school year prior to the school year in which the child would be eligible under State law to enter kindergarten; or (2) at age four, in localities that do not offer kindergarten programs. Permits any State or locality which has served all children of the eligible age group requesting services to use funds to serve children: (1) in the school year two years prior to the school year in which they would be eligible under State law to enter kindergarten; or (2) at age three. Allows States or localities to use funds to expand existing programs serving children aged three through five years, if specified maintenance of effort provisions are met. Sets forth family contribution requirements. Provides services under this Act without charge to eligible children in families with incomes under 115 percent of the poverty line. Requires, for eligible children form families with incomes above 115 percent of the poverty line, payment of fees on a sliding scale up to the full cost of such services. Requires the State, or the locality in a nonparticipating State, to develop such sliding scale on the basis of income level and family size. Prohibits: (1) total fees for all eligible children in a family receiving services under this Act from exceeding ten percent of a family's gross income; and (2) maximum fees per child from exceeding the cost per child of the services provided. Sets forth provisions for general use of funds by service providers and for authorized activities for which grants may be used. Sets forth minimum standards, for service providers, including maximum group size and child to adult ratios, staff training and credentials, parental involvement, and health, safety, and nutrition requirements. Sets forth administrative provisions including provisions for withholding of payments and judicial review of such withholding. Provides protection for continuing activities of Head Start agencies by prohibiting the denial to any such an agency of continued use of a local educational agency facilities by reason of selection of either to administer a program with funds under this Act. Sets forth evaluation provisions. Requires Local Policy Groups to: (1) arrange for periodic on-site evaluation of local programs by reviewers including community members and early childhood development experts not directly involved in program administration; and (2) report annually to the Task Force. Requires the Task Force to: (1) arrange for periodic on-site monitoring, inspection, and evaluation of programs by reviewers who are not directly involved in program administration; and (2) report annually to the Governor and the Secretary. Directs the Secretary, either directly or by grant or contract, to provide for continuing evaluation of programs, especially on the use of nonparticipant control groups. Requires such evaluations to be conducted by persons not directly involved in the administration of the program being evaluated. Authorizes the Secretary to require States or localities to provide for independent evaluations. Directs the Secretary to arrange to obtain specific views of persons participating in and served by the programs. Directs the Secretary to: (1) publish results of evaluations within 90 days of their completion; and (2) submit copies to the appropriate congressional committees. Directs the Secretary to report annually to the appropriate congressional committees. Sets forth nondiscrimination provisions, including rules against employment or services discrimination on the basis of handicap. Sets forth provisions relating to program payments, the Federal share of program costs, and maintenance of efforts. Authorizes the Secretary to reduce the non-Federal share under specified circumstances.
United States · United States Congress · 12 April 1988
Rejects the funding reduction for the community development block grant and urban development action grant programs in the President's proposed FY 1989 budget. Declares the intent of the Senate to fund these programs at their currently authorized full levels.
United States · United States Congress · 31 March 1988
Authorizes the President, during FY 1988 and 1989, to issue new U.S. guarantees of eligible debt obligations made or issued by the Governments of Costa Rica, El Salvador, Guatemala, or Honduras in exchange for existing debt obligations owed by such countries to private financial institutions. Requires that the United States guarantee certain debt obligations which Costa Rica and Guatemala issue in exchange for no more than 40 percent, and which El Salvador and Honduras issue in exchange for no more than 100 percent, of the existing debt obligations owed by such countries to private financial institutions. Directs specified U.S. Government lending institutions with loans outstanding to any such country to take steps to reduce the interest rate applicable to such loans to the prevailing rate minus four percentage points. Directs the Department of the Treasury and the Department of State to take steps to implement such reductions and encourage other creditor countries to such countries to make similar reductions. Increases the import quota on sugars, syrups, and molasses. Allocates additional amounts for such products of: (1) Guatemala, Honduras, El Salvador, and Costa Rica; and (2) Nicaragua, if the Nicaraguan Reconciliation Commission reaches conclusions satisfactory to all participants. Amends the Food Security Act of 1985 to extend the sugar price support program indefinitely. (Currently such program applies through the 1990 crops of sugarcane and sugar beets).
United States · United States Congress · 23 March 1988
Omnibus Antidrug Abuse Act of 1988 - Title I: Drug Enforcement and Personnel Enhancement - Subtitle A: Asset Forfeiture Fund Amendments Act of 1988 - Department of Justice and Department of Treasury Assets Forfeiture Fund Amendments Act of 1988 - States that receipts and disbursements out of the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund: (1) shall not be included in the totals of the Federal or congressional budget; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending of the Government; and (3) shall not be included for purposes of calculating the deficit. States that the Department of Justice and the U.S. Customs Service, with respect to receipts and disbursements from such funds, shall be considered off-budget Federal entities. States that amounts to be disbursed out of such funds shall not be subject to limitation by appropriations Acts. Amends the Tariff Act of 1930 to provide that the Customs Forfeiture Fund shall be available to the U.S. Customs Service permanently. Authorizes the transfer of funds from the Department of Justice Assets Forfeiture Fund to the Building and Facilities account of the Federal prison system for the construction of correctional institutions, and to the Support of United States Prisoners in non-Federal Institutions account of the Department of Justice. Allows the Attorney General, with respect to the DOJ Assets Forfeiture Fund, and the Commissioner of Customs, with respect to the Customs Forfeiture Fund, to exempt the procurement of supplies and services under such funds if necessary to maintain the security and confidentiality of related criminal or civil investigations. Amends the Controlled Substances Act to require the Attorney General to ensure the equitable transfer of forfeited property to the appropriate State and local law enforcement agency or prosecutor's office. Subtitle B: State and Local Narcotics Control Assistance Act of 1988 - Part A: Establishment of the Bureau of Justice Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to: (1) develop an annual State and Local Strategic Drug Control Plan; and (2) publish and disseminate information on the condition and progress of drug control activities. Requires the Bureau to: (1) coordinate Federal, State, and local government efforts toward a national drug control strategy; (2) serve as the coordinating Federal agency with respect to the submission of State and local applications for grant-in-aid programs under the Antidrug Abuse Act of 1986; and (3) maintain a liaison with Federal agencies having drug control authority. Part B: Drug Control Formula Grant Program - Authorizes the Bureau to make grants to States having approved statewide drug control strategies for: (1) Zero Tolerance Enforcement Programs that effect heightened public awareness of and support for local drug control enforcement projects; (2) Multi-Jurisdictional Task Force Programs; (3) Drug Control Law Enforcement Training Programs; (4) Multi-Jurisdictional Intelligence and Data Sharing Programs; (5) Judicial Drug Control Training Programs; (6) Prison Treatment Programs; (7) Drug Treatment for Youthful Offenders Programs; and (8) Statewide and National Intelligence Systems Programs. Requires the executive officer of each participating State to designate a State drug control office to: (1) prepare applications to obtain funds under this Program; and (2) administer such funds. Requires the chief executive officer of each participating State to maintain a State Drug Control Board to: (1) analyze the drug control problems within the State; (2) prepare a statewide drug control strategy; (3) receive, review, and approve (or disapprove) applications from State agencies and units of local government; (4) prepare annual reports containing assessments of the State drug control program; and (5) assure fund accountability, auditing, and evaluation of programs and projects funded under the Program. Permits the establishment of local drug control offices to prepare and coordinate drug control strategies and implement the provisions of this Act at the local level. States that each jurisdiction which is eligible to have a local drug control office shall establish local drug control boards to: (1) analyze the drug control problem within that jurisdiction; (2) prepare a jurisdiction-wide drug control strategy; (3) receive, review, and approve (or disapprove) applications from units of local government; and (4) prepare annual reports containing assessments of the drug control program. Directs the Bureau to establish a National Drug Control Assistance Coordination Board to provide for the representation of drug control agencies at the Federal, State, and local levels for the purpose of articulating national drug control priorities, programs, and resource needs. Sets forth: (1) State application procedures under the Program; (2) certain limitations on the use of Program funds for administrative expenses; and (3) procedures for the allocation and distribution of Program funds. Part C: Drug Control Discretionary Grant Program - Authorizes the Bureau to develop programs and make grants to public agencies and private nonprofit organizations for technical assistance, training, and national scope and demonstration projects in support of any of the purposes specified in part B of this subsection (Drug Control Formula Grant Program), and any purpose specified in the strategic drug control plan developed by the Bureau. Sets forth application requirements with respect to such program and procedures for the allocation and distribution of program funds. Provides that grants under this program shall be for a period not to exceed three years (may be extended for up to two years under certain circumstances). Part D: Targeted State and Local Strategic Drug Control Plan - Requires the Bureau to complete an annual National Strategic Drug Control Plan which targets the most critical drug control problems that are most effectively resolved at the State and local levels. Part E: Miscellaneous Amendments to Justice Assistance Act of 1984 - Allows Criminal Justice Facility Construction grants to cover 80 percent of the estimated costs of approved construction. (Current law allows such grants to cover 20 percent of such costs.) Part F: Administrative Provisions - Authorizes the Bureau to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subtitle. Directs the Bureau to prepare a "Program Brief" and an "Implementation Guide" for each of the programs and projects contained in the formula grant programs. States that the functions, powers, and duties specified in this subsection to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically authorized by the Congress. Allows the Bureau to arrange with and reimburse other Federal departments and agencies for the performance of functions under this subtitle only if the funds are to benefit the units of State and local government. Sets forth program and project evaluation and reporting requirements. Part G: Funding - Authorizes appropriations for FY 1989 through 1991 to carry out the grant programs authorized under this subtitle. Authorizes appropriations for FY 1989 for salaries and expenses of the Bureau. Part H: Relationship with the Justice Assistance Act of 1984 - Directs the Bureau to administer any funds available to it under the Omnibus Crime Control and Safe Streets Act of 1968 in such a manner as to compensate for the increase in cases resulting from apprehensions and accelerated prosecutions of persons accused of drug trafficking, possession, and related offenses. Encourages State and local jurisdictions to participate in funding under this Act. Subtitle C: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act to establish recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle D: Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the basic level of public safety officer death benefits. Removes the requirement that parent beneficiaries be dependents of the deceased officer. Establishes the National Advisory Commission on Law Enforcement to study the methods and rates of compensation of law enforcement officers. Requires the Commission to report the results of such study to the President and the Congress within six months of enactment of this Act. Subtitle E: Deportation of Convicted Foreign Drug Inmates - Violent Criminal Alien Deportation Act - Allows the Attorney General to order the deportation of any alien convicted of an aggravated violent felony. Allows the District Director of the Immigration and Naturalization Service for the district in which the alien was sentenced and convicted to issue the order of deportation on behalf of the Attorney General. Sets forth procedures for the appeal of such a deportation order. Subtitle F: Customs Enforcement Amendments Act of 1988 - Customs Enforcement Amendments Act of 1988 - Requires the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements prescribed by the Secretary of Commerce. Establishes civil penalties for violations of such requirements. Increases the penalties for failing to declare controlled substances brought into the United States. States that a declaration of forfeiture by a customs officer shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a U.S. District Court. Provides that title in such forfeited property shall be deemed to vest in the United States free of any liens or encumbrances (with certain exceptions). Allows the Secretary of the Treasury to retain forfeited property for official use. Allows the Secretary to transfer forfeited property to any Federal agency, to any State or local law enforcement agency, or to any foreign government that cooperates with the U.S. Customs Service in joint enforcement operations. States that any person who is convicted of a criminal offense under any law administered or enforced by the Customs Service involving the Bank Secrecy Act, Money Laundering Act, or the Controlled Substances Act shall be fined the reasonable costs of the investigation and prosecution. Authorizes the Secretary of State to make regulations prescribing procedures for marking the passports of those convicted of controlled substances offenses. Provides for the revocation of the passports of those convicted of a controlled substances violation, or any criminal violation of the Bank Secrecy Act or the Money Laundering Act. Establishes procedures for the reissuance of such passports. Grants the Secretary of the Treasury certain powers (including the power to subpoena witnesses and compel their testimony) which are necessary to the enforcement of laws relating to the importation or exportation of prohibited merchandise. Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to include in the definition of "racketeering activity" acts relating to: (1) the illegal exportation of munitions; (2) the illegal exportation of merchandise; (3) criminal violations of the Trading With the Enemy Act; or (4) criminal sanctions under the International Emergency Economic Powers Act. Amends the Federal Aviation Act of 1958 to provide civil penalties for failing to report the transfer of ownership of an aircraft to the Secretary as required under such Act. Subjects such aircraft to seizure and forfeiture. Subtitle G: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes additional appropriations for FY 1989 for the: (1) Coast Guard for drug enforcement personnel; (2) U.S. Customs Service for drug enforcement personnel; (3) Immigration and Naturalization Service Border Patrol for drug interdiction personnel; (4) Immigration and Naturalization Service for criminal investigation personnel, and for the Organized Crime Drug Enforcement Task Force in New York City; (5) Bureau of Alcohol, Tobacco, and Firearms; (6) Drug Enforcement Administration; (7) Federal Bureau of Investigation (FBI) for drug enforcement personnel; (8) U.S. Marshals Service; (9) Federal Prison System; and (10) U.S. Attorneys. Subtitle H: Miscellaneous Law Enforcement Provisions - Authorizes rewards to be paid for assisting in, or furnishing information which leads to, the capture of an escaped Federal prisoner or a person who has violated parole or probation or defaulted on bail bond. Makes it unlawful for any person to carry a dangerous weapon into a Federal courthouse. Authorizes the Attorney General to make payments for the support of U.S. prisoners in non-Federal institutions. Authorizes appropriations for FY 1989 through 1991 for the President's Media Commission on Alcohol and Drug Abuse Prevention. Title II: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: International Drug Eradication Improvement Program - Establishes within the Department of State, under the Office of International Narcotics Matters, an International Special Operations Drug Eradication Squadron to: (1) provide special assistance to drug source countries who request drug eradication assistance; and (2) participate in joint international drug eradication operations in drug source countries. Authorizes appropriations for FY 1989 for the International Narcotics Matters program at the Department of State for the procurement and maintenance of aircraft and for Squadron personnel. Directs the Secretary of State to establish guidelines and procedures to govern the deployment of the Squadron. Subtitle B: International Narcotics Matters Improvement and Special Assistance Programs - Establishes under the Agency for International Development (AID) a special economic assistance incentive grant program to provide assistance to drug source countries that meet specific eradication goals during FY 1989, 1990, and 1991. Sets forth grant eligibility requirements. Authorizes appropriations for FY 1989 through 1991 for AID. Requires the Comptroller General of the United States to monitor such program. Requires the Attorney General, the Director of AID, and representatives of the House and Senate to meet at the start of FY 1991 to consider whether such program should be continued beyond FY 1991. Subtitle C: Amendments to Foreign Assistance Act of 1961, as Amended - Amends the Foreign Assistance Act of 1961 to list additional factors to be considered by the President when determining whether to certify that a foreign country is cooperating with the United States in its international narcotics control efforts. Subtitle D: International Narcotics Matters Authorization of Appropriations - Authorizes appropriations for FY 1989 and 1990 for the economic assistance incentive grant program. Earmarks specified amounts of FY 1989 and 1990 appropriations for: (1) developing safe and effective herbicides for use in the aerial eradication of coca; (2) the procurement of weapons to defend aircraft involved in narcotics control efforts; and (3) pilot and aircraft maintenance training for narcotics control activities. Provides that funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking may be reallocated to countries which take such steps. Lists additional requirements (regarding coca production, possession, and distribution) which must be met by Bolivia before receiving FY 1989 assistance. Limits FY 1989 and 1990 international narcotics control assistance for Mexico. Withholds $1,000,000 of such assistance until Mexico has fully investigated (and prosecuted those responsible for) the murder, detention, and torture of certain Drug Enforcement Administration (DEA) agents. Directs the Assistant Secretary of State for International Narcotics Matters to provide more narcotics control assistance to those drug-transit countries which are not "major drug-transit countries" and which are cooperating with the United States in its international narcotics control efforts. Authorizes additional funding for activities aimed at increasing awareness of the efforts of production and trafficking of illicit narcotics in source and transit countries. Directs the Secretary of State and the Attorney General to develop a model extradition treaty with respect to narcotics-related violations, a model legal assistance treaty, and model comprehensive anti-narcotics legislation. Subjects any transfer by the United States of property seized or forfeited in connection with narcotics-related activities to a foreign country for narcotics control purposes to the regular reprogramming procedures applicable under the Foreign Assistance Act of 1961. Requires that the annual narcotics control reports include: (1) a description of the assistance provided by the DEA and the Customs Service to each country; (2) a description of the assistance provided by each country to the DEA and Customs Service; (3) an expression, in numerical terms, of achievable reductions in illicit drug production; and (4) a description of U.S. assistance denied to each major illicit drug producing and drug-transit country. Subtitle E: Latin American Antidrug Strike Force - Expresses the sense of the Congress that: (1) the operations of international illegal drug smuggling organizations pose a threat to the national security of the member states of the Organization of American States (OAS); (2) illegal international drug smuggling organizations threaten to overwhelm small nations; (3) members of OAS should coordinate their efforts to fight the illegal drug trade; (4) the formation of a multinational strike force to conduct operations against illegal drug smuggling organizations is necessary; (5) the United States should initiate diplomatic discussions to achieve an agreement to establish and operate the Latin American Antidrug Strike Force; and (6) the United States stands ready to provide equipment, training, and financial resources to support the Strike Force, but believes that Strike Force personnel should be provided by those states facing the most serious threat. Establishes the position of Ambassador at Large and Coordinator for Western Hemisphere Antidrug Efforts to: (1) coordinate the efforts of all U.S. bureaus and agencies involved in antidrug efforts; (2) report to the Secretary and to the Chairman of the National Drug Policy Board on the effectiveness of the operations and level of cooperation of such bureaus and agencies; (3) be a member of all interagency groups with authority or oversight over U.S. international drug policy or operations; (4) undertake diplomatic discussions with OAS members regarding the formation of a multinational strike force intended to conduct operations against international illegal drug trafficking organizations in the Western Hemisphere; and (5) seek to secure participation in the strike force by those Western Hemisphere states most threatened by international illegal drug trafficking organizations. Directs the Secretary to report to specified congressional committees on the progress made toward establishing the multinational strike force. Requires the Secretary of Defense to develop a plan for the establishment, training, equipping, and operation of the multinational strike force. Title III: Drug Interdiction Asset Improvement and Enhancement - National Drug Interdiction Asset Improvement and Enhancement Act of 1988 - Subtitle A: Coast Guard - Authorizes appropriations for FY 1989 for the Coast Guard for the procurement of marine and air drug interdiction assets. Subtitle B: United States Customs Service - Authorizes appropriations for FY 1989 for the U.S. Customs Service for the procurement, operation, and maintenance of certain drug interdiction assets. Subtitle C: Department of Defense Drug Interdiction Assistance - Department of Defense Drug Interdiction Assistance Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Defense for the enhancement of drug interdiction assistance activities. Subtitle D: Drug Enforcement Administration - Authorizes appropriations for FY 1989 for the DEA for the establishment of an International Drug Interdiction helicopter force and for the enhancement of the El Paso Intelligence Center. Subtitle E: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the Department of Justice for the procurement of drug interdiction-related equipment for Border Patrol drug enforcement personnel. Subtitle F: Establishment of Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force - Establishes an Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force to: (1) conduct a joint drug interdiction operation between ports of entry along the southwest border of the United States, from Texas to California; (2) assist and augment other law enforcement agencies along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers; and (3) assist State and local law enforcement officials along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers. Authorizes appropriations for FY 1989 for the Department of Justice for such task force. Subtitle G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subtitle H: Special Drug Interdiction Support - Authorizes appropriations for FY 1989 for Puerto Rico, Jamaica, the Dominican Republic, and Hawaii for special drug interdiction support. Requires the recipients of special drug interdiction assistance to submit periodic reports to the Congress regarding the status of the procurement of resources and related operation and maintenance expenditures authorized under this subtitle. Title IV: Demand Reduction - Subtitle A: Treatment and Rehabilitation - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to establish drug abuse demonstration projects for the treatment and rehabilitation of drug dependent offenders who could otherwise be subject to incarceration. Authorizes appropriations for FY 1989 through 1991 to carry out such projects. Subtitle B: Alcohol and Drug Abuse Treatment and Rehabilitation - Alcohol and Drug Abuse Treatment and Rehabilitation Improvement Act of 1988 - Authorizes appropriations for FY 1989 through 1991 for the basic Alcohol, Drug Abuse and Mental Health Block Grant Program. Requires that at least 49 per cent of such appropriations be made available for alcohol and drug abuse programs. Authorizes appropriations for FY 1989 through 1991 for substance abuse emergency drug treatment programs to be targeted to those States and communities where the substance abuse problem is most acute. Requires that all States eligible to receive basic and emergency Alcohol, Drug Abuse, Mental Health Block Grants develop Statewide substance abuse treatment facilities plans. Allows such States to expend up to 1.5 percent of their grants to develop and prepare such plans, and up to 40 per cent of such grants to acquire, construct, or renovate such facilities. Subtitle C: Amendments to the Drug-Free Schools and Communities Act - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Makes technical amendments to such Act with respect to eligibility, application, and reporting requirements. Title V: National Drug Enforcement Agency Reorganization and Coordination - Subtitle A: Establishment of Office of Enforcement and Border Affairs in Department of Treasury - National Border Coordination and Reorganization Act of 1988 - Part A: Establishment and Officers - Establishes within the Department of the Treasury the Office of Enforcement and Border Affairs, which shall consist of: (1) the Office of the Assistant Secretary of the Treasury for Enforcement; and (2) the Coast Guard. Provides that the Office of Enforcement and Border Affairs shall be headed by the Under Secretary of the Treasury for Enforcement and Border Affairs. Establishes within the Office of Enforcement and Border Affairs: (1) the Office of Border Management Affairs, which shall be headed by the Assistant Secretary of the Treasury for Border Management Affairs; and (2) the Office of Narcotics Interdiction, which shall be headed by the Assistant Secretary of the Treasury for Narcotics Interdiction. Part B: Transfer of the Coast Guard to Office of Enforcement and Border Affairs - Transfers the Coast Guard from the Department of Transportation to the Office of Enforcement and Border Affairs of the Department of the Treasury. Subtitle B: Department of Defense Drug Interdiction Reorganization - Establishes within the Office of the Assistant Secretary of Defense for International Security Affairs the position of Deputy Assistant Secretary of Defense for International Drug Interdiction and Enforcement to supervise Department of Defense drug interdiction and enforcement activities. Subtitle C: Establishment of a Senate Select Committee on Narcotics Abuse and Control - Establishes the Senate Select Committee on Narcotics Abuse and Control which shall have the authority to: (1) conduct a comprehensive study and review of the problems of narcotics abuse and control; and (2) review any recommendations made by the President, or any Federal department or agency, relating to programs or policies affecting narcotics abuse or control. Authorizes appropriations for FY 1989 through 1991 for salaries and expenses of such Committee. Sets forth Committee reporting requirements. Title VI: Research and Development for Law Enforcement Agencies - Subtitle A: Establishment of New Research and Development Programs to Assist Federal Law Enforcement Agencies - Directs the Attorney General to establish a Research and Technology Group under the National Drug Policy Board to review the research, development, technology, and evaluation programs of the Department of Defense and development programs of other nondefense Federal agencies to assist their applicability to the operations, programs, and missions of the Federal law enforcement agencies. Directs the Attorney General to establish a Research, Technology and Acquisition Advisory Board to make recommendations to the National Drug Policy Board through the Research and Technology Group. Requires the President to designate and establish within existing facilities of the Department of Defense, the Department of Justice, the Department of Energy, the National Security Agency, and the Central Intelligence Agency, at least eight new National Technology Centers to develop technologies for application to Federal law enforcement missions. Redesignates certain existing Government facilities as National Technology Development Centers. Requires the Comptroller General of the United States to monitor the establishment of such centers. Subtitle B: Cargo Container Drug Detection Research and Development - Authorizes appropriations for FY 1989 for the U.S. Customs Service for accelerating the development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection of illegal narcotics in cargo containers entering the United States. Title VII: Drug Enforcement Training Improvement - Subtitle A: The Federal Law Enforcement Training Center Improvement Act of 1988 - Federal Law Enforcement Training Center Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center to increase the level of drug enforcement training. Authorizes appropriations for FY 1990 and 1991 for the Federal Law Enforcement Training Center. States that support for the State and local law enforcement training program and the training programs for drug enforcement officers from foreign countries shall be maintained at no less that the FY 1989 level during such years. Directs the Secretary of the Treasury to expand the advanced training programs for Federal law enforcement agencies at the Marana, Arizona, satellite facility of the Federal Law Enforcement Training Center. Requires the Secretary to submit reports to the appropriate congressional committees on such expansion. Subtitle B: Department of Justice Training Facilities Improvement Act of 1988 - Department of Justice Training Facilities Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Justice for existing law enforcement training facilities. Authorizes appropriations for FY 1989 for the expansion of such facilities and for new Department training facilities. Directs the Attorney General to report to the appropriate congressional committees on plans for improving such facilities. Subtitle C: Federal Law Enforcement Language Training Improvement Act of 1988 - Authorizes the Department of Defense to provide foreign language training at the Defense Language Institute to special agents of Federal civilian agencies involved in drug law enforcement. Authorizes the Department of State to provide similar training at the Foreign Service Institute. Authorizes the Drug Enforcement Administration, the Customs Service, and the Immigration and Naturalization Service to: (1) detail investigative personnel to such Institutes; and (2) reimburse the Departments of Defense and State for the cost of such training. Authorizes appropriations for the Customs Service, the Drug Enforcement Administration, and the Immigration and Naturalization Service for such training. Subtitle D: Authorization of Appropriations for Special Training Centers - Authorizes appropriations for FY 1989 for the Bureau of Justice Assistance for the establishment of a national training center in El Reno, Oklahoma, for the training of Federal, State, and local prison officials in drug rehabilitation programs. Establishes the National Advisory Panel on Prison Rehabilitation Programs to oversee the operation of such center. Title VIII: Drug Testing in the Private Sector - Prohibits any employer who engages in interstate commerce or in the production of goods for commerce, based upon a drug test administered to an applicant or employee (unless the drug test is conducted in a laboratory which meets specified requirements) from: (1) refusing to hire an applicant for employment; (2) taking adverse action against an employee; or (3) discharging an employee. Subjects any employer who takes such prohibited actions to civil penalties. Title IX: Congressional Policy Regarding Additional Funding for Fiscal Year 1989 for Antidrug Abuse Programs - States how the levels of new budget authority and outlays required to carry out the programs, activities, and initiatives contained in this Act shall be accommodated in the budget process. Title X: Funding; Accounts - Subtitle A: Offsetting Revenue and Savings to Cover the Cost of the Act - Authorizes appropriations for FY 1989 for the Internal Revenue Service for: (1) processing tax returns; (2) examination and appeals; and (3) investigations, collections, and taxpayer service. Authorizes appropriations for FY 1989 for the Bureau of Alcohol, Tobacco, and Firearms to increase the number of special occupational tax enforcement and collection personnel. Establishes in the Department of the Treasury the position of Under Secretary of the Treasury for Debt Collection and Credit Management who shall be responsible for: (1) advising the President with respect to Federal credit management and debt collection policy; (2) providing leadership, direction, guidance, and monitoring of the executive agencies in credit management and debt collection and related financial reporting; (3) reviewing executive agency credit management and debt collection plans and policies; (4) preparing comprehensive debt collection and credit management plans; and (5) promulgating regulations to carry out this subtitle. Sets forth minimum guidelines with respect to such credit management and debt collection plans and policies. Requires the Comptroller General to submit a report to the Congress containing an analysis of the Under Secretary's comprehensive debt collection and credit management plans. Directs the Secretary of the Treasury to establish Federal credit management policies and promulgate regulations implementing this subtitle. Directs the Secretary to prescribe minimum requirements for contracts for all loans or loan guarantees governed by this subtitle. Establishes debt collection goals for FY 1989. Directs the Secretary to establish debt collection targets for Federal agencies. States that agencies which exceed their debt collection targets by a certain amount shall receive additional funding for that fiscal year. States that agencies which fail to meet their targets shall have their funding reduced. Directs the Secretary to promulgate regulations which prescribe standards for use by executive agencies in developing proposals for debt collection targets. Establishes an Antidrug Abuse Trust Fund. Provides for the transfer of certain taxes to the Trust Fund account.
United States · United States Congress · 22 March 1988
Expresses the sense of the Congress that the Secretary of Transportation (the Secretary) should: (1) investigate the management of Texas Air Corporation and Eastern Air Lines since the acquisition of Eastern by Texas Air to determine (according to prescribed guidelines) the effect of such management upon the public interest; (2) use the investigation findings as a basis for decisions in pending and future cases involving proposed changes in domestic and international operations of Eastern; (3) not authorize the operation of any entity as a subsidiary of Texas Air in performing any air transportation operations until completion of a review to determine whether such performance is consistent with the public interest; (4) not authorize any Texas Air subsidiary to engage in air transportation until the application for such certificate has been reviewed; (5) not authorize Orion Air to provide contract services with Eastern unless Orion establishes conclusively its capability of conducting such operations with the highest degree of safety; (6) not expedite consideration of Orion's request to operate under contract with Eastern by diverting employees of the Department of Transportation or the Federal Aviation Administration from their responsibilities of ensuring the safety of previously authorized operations; and (7) require, as a condition of any approval of Orion's request to provide air transportation service under contract with Eastern, that purchasers of tickets for such service must be informed at the time of making reservations of the identity of the carrier having operational responsibility for such service.
United States · United States Congress · 21 March 1988
Designates the period beginning September 15 and ending October 15 each year as National Hispanic Heritage Month. (Current law designates the week including September 15 and 16 each year as National Hispanic Heritage Week.)
United States · United States Congress · 15 March 1988
National Appliance Energy Conservation Amendments of 1988 - Amends the Energy Policy and Conservation Act to include fluorescent lamp ballasts within the list of products covered by the Act. Directs the Secretary of Energy to prescribe by July 1, 1989, test procedures for such ballasts manufactured on or after January 1, 1990. Directs the Federal Trade Commission to prescribe labeling rules for such ballasts according to specified guidelines. Sets forth energy efficiency standards for such ballasts. Preempts State energy conservation standards for such ballasts unless such standards were prescribed or enacted before the date of enactment of this Act.
United States · United States Congress · 3 March 1988
Designates the week of June 26 through July 2, 1988, as National Safety Belt Use Week. Authorizes and requests the President to: (1) urge the people to wear safety belts and use child safety seats; and (2) encourage State and local governments and concerned organizations and officials to promote greater use of these safety devices.
United States · United States Congress · 1 March 1988
Expresses the sense of the Senate that the Construction Grants Program under the Clean Water Act should be fully funded and implemented as authorized and intended by the Water Quality Act of 1987.
United States · United States Congress · 26 February 1988
Water Resources Development Act of 1988 - Title I: Project Authorizations - Authorizes the Secretary of the Army to carry out specified public works projects at the following locations: (1) navigation, Ft. Pierce Harbor, Florida; (2) beach erosion control, Nassau County (Amelia Island), Florida; (3) navigation, Lower Ohio River, Illinois and Kentucky; (4) flood control, Hazard, Kentucky; (5) environmental enhancement, Mississippi and Louisiana Estuarine Areas, Mississippi and Louisiana; (6) navigation, Wolf and Jordan Rivers and Bayou Portage, Mississippi; (7) flood control, Truckee Meadows, Nevada; (8) flood control, Scioto River, West Columbus, Ohio; (9) navigation, Delaware River, Philadelphia to Wilmington, Pennsylvania and Delaware; (10) flood control, Cypress Creek, Texas; and (11) navigation, Guadalupe River to Victoria, Texas. Makes such projects subject to current law with respect to the maximum costs of projects and project deauthorizations. Modifies the project for flood control at Redwood River, Marshall, Minnesota, to authorize the Secretary to construct the project in accordance with a specified memorandum and at increased costs. Title II: General Provisions - Amends the Water Resources Development Act of 1986 to provide for crediting utility relocation costs of harbor construction borne by non-Federal interests toward the additional ten percent payment they are assessed for the cost of general navigation features of a project over 30 years. Revises provisions implementing the transfer of land near the Garrison Dam and Reservoir Project in North Dakota to the Three Affiliated Tribes of the Fort Berthold Reservation. Allows a Federal Project Repayment District to use any cost-recovery approach that is consistent with State law to satisfy cost-recovery requirements. (Currently, such districts are restricted to cost-recovery through property transfer fees.) Requires non-Federal interests to agree to comply with applicable Federal flood plain management and flood insurance programs before construction of any project for shoreline protection. Requires the Secretary, when feasible, to promote long- and short-term cost savings, increased efficiency, reliability, safety, and improved environmental results through the use of innovative technology in water resources development projects. Requires the Secretary to report to the Congress within two years of enactment of this Act on the use of such technologies. Directs the Secretary, upon the request of a non-Federal sponsor of a water resources development project, to provide such sponsor with periodic statements of project expenditures. Requires the Federal Government to bear the proportionate share of the costs of any project for harbor development that provides direct, quantifiable benefits to an installation, facility, or vessel of the U.S. armed forces or the Coast Guard. Directs the Comptroller General of the General Accounting Office to report to the Congress on a review of the Civil Works Program of the U.S. Army Corps of Engineers. Title III: Programs and Studies - Amends the Water Resources Development Act of 1974 to establish an annual program ceiling cost for the New York Harbor project for the collection and removal of drift. Authorizes appropriations for the Secretary to establish a Technical Resource Service for the Red River Basin in Minnesota and North Dakota, for the purpose of providing technical services for the development and implementation of State and local water and related land resources initiatives. Directs the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, to report to the Congress on a study of the water quality effects of hydroelectric facilities owned and operated by the Corps of Engineers.
United States · United States Congress · 26 February 1988
Expresses the opposition of the Senate to the continued control of the cathedral in Vilnius, Lithuania, by the Soviet Union. Calls upon the President, the Secretary of State, and Members of Congress visiting the Soviet Union to raise the issue of the cathedral's return to the Roman Catholic Church in meetings with Soviet officials. Urges U.S. representatives to speak out forcefully for such a return at international human rights forums. Voices the House of Representatives' support to the Lithuanian people in their efforts to secure basic religious freedoms and the return of the cathedral. Urges the Soviet Government to allow Roman Catholics to worship at the cathedral and to return it to Roman Catholic Church control before the end of 1988.
United States · United States Congress · 24 February 1988
Expresses the sense of the Senate that: (1) funding for Amtrak should be continued at a level that will enable it to continue to operate a national railway system and to continue to improve its financial performances and service levels; and (2) the Secretary of Transportation and the Administrator of the Federal Railroad Administration should work with Amtrak management to lower Amtrak's dependence on public funding and to assign the highest priority possible to safety.
United States · United States Congress · 17 February 1988
Marine Research Act of 1988 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize the establishment of Regional Marine Research Centers (Centers) to coordinate, plan, and support research, monitoring, and assessment activities concerned with the environmental quality of marine and coastal waters. Authorizes the Governors of a majority of States in a marine research region to develop and submit for approval to the Marine Research Coordination Board (Board) a combined, interstate proposal for a Center which identifies the research organizations which will participate in the Center and the goals of such Center. Identifies the marine research regions as the Gulf of Maine, Greater New York Bight, Mid-Atlantic Bight, Tropical, Gulf of Mexico, Southern California Bight, North Pacific, Gulf of Alaska and Arctic Seas, and Insular Pacific Regions. Requires each Center to develop and submit for the Board's approval a three-year marine research plan which: (1) identifies research needs and priorities in the region over the next ten years; (2) describes the mechanism for coordinating federally-funded marine research and monitoring activities in the region during the three-year term of the plan: (3) describes the research projects, areas, and programs anticipated to be assisted with appropriations authorized pursuant to this Act; and (4) lists the equipment and supplies used commonly for research projects in the region. Requires that the plan be updated and resubmitted to the Board at least once every three years. Authorizes each Center which has an approved research plan to submit an application to the Board for annual administrative, research, and equipment grants. Sets forth reporting requirements. Requires each Center to support baseline monitoring of fundamental marine environmental conditions and prepare periodic assessments of marine environmental quality and resources in their region. Requires that such assessments be made available to the public as well as to local, State, and Federal agencies, the Board, and State Governors. Authorizes the establishment of the Marine Research Coordination Board at the Federal level to manage and coordinate the efforts of the Centers and report periodically to the Congress on the activities and findings of such Centers. Authorizes appropriations for FY 1989 through 1993.
United States · United States Congress · 16 February 1988
Authorizes the Secretary of the Interior to designate the New Jersey Coastal Heritage Trail, a vehicular tour route along existing public roads linking natural and cultural sites in New Jersey. Directs the Secretary to complete and report to the appropriate congressional committees within one year a comprehensive inventory of trail sites and a general management plan. Requires intergovernment consultation and public participation in the preparation of such inventory and plan. Authorizes the Secretary to provide technical and financial assistance in the development of interpretive materials and conservation methods. Requires that the trail be marked with appropriate markers for the public. Authorizes appropriations.
United States · United States Congress · 4 February 1988
Authorizes the Vietnam Women's Memorial Project, Inc., to construct a statue of a woman Vietnam veteran within the Vietnam Veterans Memorial site in Washington, D.C., to honor and recognize the women of the U.S. armed forces who served in the Vietnam conflict. Subjects the location and design of the statue to approval by the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Expresses the sense of the Congress that: (1) the addition of the statue is well within the intent of the law authorizing the establishment of the Memorial; and (2) after the addition of such statue, such Memorial will be complete and no further additions to the site should be authorized or undertaken.
United States · United States Congress · 3 February 1988
Includes inspectors for the Immigration and Naturalization Service, inspectors for the United States Customs Service, and revenue officers for the Internal Revenue Service among those employees entitled to immediate retirement (early retirement).
United States · United States Congress · 3 February 1988
Amends the Internal Revenue Code to increase from $45,000,000 to $60,000,000 the amount permissible in the Boat Safety Account in the Aquatic Resources Trust Fund without triggering a prohibition of transfers into the Account from the Highway Trust Fund for FY 1988 and thereafter. Extends from April 1, 1989, to October 1, 1999, the date before which expenditures may be made from the Boat Safety Account for recreational boating safety programs. Grants the Secretary of the department in which the Coast Guard is operating liquidating contract authority with respect to State recreational boating safety programs in an amount equal to one-half (currently two-thirds) of the amount of motorboat fuel taxes transferred to the Boat Safety Account in FY 1988 and thereafter. Increases from one-third to one-half the portion of such funds available for Coast Guard services in connection with recreational boating safety services. Prohibits fiscal year expenditures for Coast Guard expenses from exceeding those for State boating safety programs generally. Amends Federal law to permit a State to use contributions of funds, materials, lands, and services to carry out certain fish restoration and management projects in lieu of paying its share of the activity.
United States · United States Congress · 2 February 1988
Ocean Dumping Reform Act of 1988 - Amends the Marine Protection, Research, and Sanctuaries Act to outlaw the disposal of sewage sludge into the ocean at the 106-mile Deepwater Municipal Sludge Dumpsite (Dumpsite) after 1991. Directs each State in which a municipal sewage treatment authority permitted to dump sewage sludge at the Dumpsite is located to submit a report to the Administrator of the Environmental Protection Agency in each of the three years following this Act's enactment which: (1) sets forth a schedule for the identification and development of alternatives to sewage sludge dumping at the Dumpsite; (2) identifies the steps being taken to implement programs which facilitate the beneficial uses of sewage sludge; and (3) describes the financial assessments and plans needed to assure the implementation of alternative sewage sludge options prior to 1992. Requires the Administrator to report to the Congress: (1) within three months of the State reports, on the development of alternative sewage sludge disposal options prior to 1992; and (2) within six months of this Act's enactment, on the progress made in monitoring and preventing municipal sludge dumping outside the Dumpsite by vessels en route to such site.
United States · United States Congress · 2 February 1988
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1988, as Baltic Freedom Day. Authorizes and requests the President to submit the issue of the Baltic Republics to the United Nations.
United States · United States Congress · 26 January 1988
Commends the President, Secretary of State, and Administrator of the Agency for International Development for their response to the drought and food emergency in Ethiopia and other nations of sub-Saharan Africa, and urges them to continue efforts to preclude the onset of famine and to ensure the timely delivery of medical and other emergency relief supplies. Declares that: (1) the Government response to these food emergencies should include initiatives to prevent the dislocation of large numbers of persons across national borders and/or into relief camps; and (2) the plight of the refugees or displaced should be addressed by emphasizing the provision of basic human needs, such as food, water, and shelter.
United States · United States Congress · 25 January 1988
Hate Crime Statistics Act - Directs the Attorney General to include within the Uniform Crime Reports for calendar years 1988 through 1992 the incidence of criminal acts that manifest prejudice based on race, religion, affectional or sexual orientation, or ethnicity. Authorizes appropriations.
United States · United States Congress · 22 December 1987
Thanks the Honorable John C. Stennis, President pro tempore, for the manner in which he presided over the Senate during the first session of the 100th Congress.
United States · United States Congress · 18 December 1987
Federal Debt Collection Procedures Act of 1988 - Title I: Federal Debt Collection Procedures Act - Establishes a uniform, nationwide system of procedures to facilitate the collection of debts owed to the United States. Provides that the United States shall not be barred by the statute of limitations of any State in the enforcement of any of its claims. Establishes a pre- and post-judgment right of discovery with respect to the financial condition of any debtor. Establishes special rules with respect to the sale of perishable property during the pendency of any proceeding to recover debts owed to the United States. Grants U.S. counsel and non-attorney debt collection personnel absolute immunity from liability arising from errors, omissions, or negligence in performing their official debt collection duties. Allows U.S. district courts to assign their duties in proceedings under this Act to U.S. magistrates. Authorizes appropriations. Permits the United States to seek any prejudgment remedy allowed by law. Sets forth procedures to be followed by the United States under such circumstances. Establishes additional procedural requirements with respect to the attachment of property, garnishment, sequestration, and replevin. Allows the United States to apply for the appointment of a receiver for property in which it has an interest and which is or will be the subject of a court action. Sets forth the powers of the receiver. Allows the district court to enter a "judgment by confession" in favor of the United States without the filing of a civil action for money due and owing. States that a judgment creates a lien upon all the real property of a judgment debtor. Makes any person who is the subject of such a lien ineligible for Federal grants and loans. Allows the district court to order the United States to sell any real property subject to its judgment lien. Sets forth procedures for determining the applicable interest to be charged on judgments. States that such liens shall be effective for a period of 20 years. (Such liens may be renewed for one additional 20-year period.) Sets forth procedures with respect to: (1) the issuance of restraining notices; (2) the sale of real and personal property subject to levy pursuant to a writ of execution; (3) installment payments; and (4) garnishment. Grants the court power to: (1) modify the use of any enforcement procedure; (2) punish for civil and criminal contempt with respect to an enforcement procedure or order under this Act; and (3) under certain circumstances, issue a warrant for the arrest of a judgment debtor. Lists the types of property which are exempt from the enforcement procedures of this Act, which include the debtor's: (1) interest in real property used as a residence; (2) interest in one motor vehicle; and (3) right to receive social security, veterans' disability, or unemployment benefits. Places certain limitations on exempt property. Provides remedies for the fraudulent transfer of an asset by a debtor. Allows the United States to bring an action in U.S. district court to compel a partition of property among co-owners and tenants. States that Federal law shall govern: (1) any action by the United States to foreclose security interests in real property; and (2) the right of the United States to collect a deficiency following the foreclosure of a loan guaranteed or insured by the United States. Title II: Amendments to Other Legislation - Makes technical and conforming amendments to various provisions of Federal law. Authorizes appropriations for the refund of erroneously forfeited bail. Establishes in the Treasury the Department of Justice Debt Collection Fund, which shall be used to: (1) train Department personnel in debt collection; (2) provide services pertinent to debt collection; and (3) cover expenses associated with the sale of property. Authorizes appropriations for FY 1989 through 1992. Allows the court to order that criminal appearance bail bonds be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant.