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 · 18 March 1988
Amends the Department of Transportation Act regarding local rail service assistance to authorize appropriations for FY 1989 through 1991. Decreases the Federal share of rail service assistance program costs from 70 percent to 60 percent. Provides that the Federal share of costs to rehabilitate rail properties for the purpose of facilitating rail freight service shall be 70 percent.
United States · United States Congress · 16 March 1988
Local Rail Service Reauthorizing Act - Amends the Department of Transportation Act regarding local rail service assistance to authorize appropriations for FY 1989 through 1993. Decreases the Federal share of rail service assistance program costs from 70 percent to 50 percent. Provides that the Federal share of costs to rehabilitate rail properties for the purpose of facilitating rail freight service shall be 70 percent.
United States · United States Congress · 16 March 1988
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1987 (CARE) - Title I: Public Health Service Programs with Respect to Alzheimer's Disease - Repeals provisions of the Public Health Service Act relating to Alzheimer's disease (Alzheimer's) and creates, in title III (relating to the general powers and duties of the Public Health Service) of the Act, a new part K on Alzheimer's. Authorizes the Secretary of Health and Human Services to make grants and enter into cooperative agreements to assist grantees in establishing and maintaining, with respect to Alzheimer's and related disorders, centers for: (1) conducting basic and clinical research, training, and dissemination of clinical information; (2) demonstrating advanced diagnostic, prevention, treatment, and management methods; (3) conducting programs of community education; and (4) maximizing research. Specifies purposes for which grant funds may and may not be used. Limits support for a center to five years, with extensions by the Secretary of up to five years if recommended by a technical and scientific peer review group. Directs the Secretary, in carrying out these provisions, to consult with the directors of specified National Institutes of Health. Authorizes appropriations for FY 1988 through 1990. Authorizes the Secretary, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health, to make grants and enter into contracts to enable grantees to conduct basic and clinical research regarding Alzheimer's and related disorders. Directs the Secretary, in carrying out these provisions, to consult with the directors of specified National Institutes of Health. Authorizes appropriations for FY 1988 through 1990. Authorizes the Secretary, acting through the Director of the National Institute of Mental Health, to make grants and enter into contracts to enable grantees to conduct research and demonstration projects with respect to teaching the families of individuals with Alzheimer's or related disorders methods for providing appropriate care and managing stress. Authorizes appropriations for FY 1988 through 1990. Authorizes the Secretary, acting through the Commissioner on Aging, to make grants and enter into contracts to enable grantees to conduct demonstration projects with respect to teaching the families of individuals with Alzheimer's or related disorders methods for providing appropriate care and managing stress. Authorizes appropriations for FY 1988 through 1990. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants and enter into contracts to enable grantees to conduct long-term care research with respect to Alzheimer's disease and related disorders and with respect to the coordination of long-term care services. Authorizes appropriations for FY 1988 through 1990. Authorizes the Secretary, acting through the Director of the National Center for Health Services Research, to make grants and enter into contracts to enable grantees to conduct research with respect to developing methods for improving the delivery of supportive services to individuals with Alzheimer's disease or related disorders and with respect to the coordination of long-term care services. Authorizes appropriations for FY 1988 through 1990. Directs the Secretary to develop a plan for a research program for the study of Alzheimer's and related disorders. Specifies elements for which the plan must provide. Requires research under the plan to be carried out through the National Institutes of Health. Directs the Secretary to submit the plan to the President and the Congress. Directs the Secretary to make grants to States to plan, establish, and operate programs to provide specified services regarding Alzheimer's or related disorders. Specifies purposes for which grant funds may not be used. Limits grants to three years, subject to annual evaluation by the Secretary. Limits the amount of a grant and its portion of the costs of the program for which it is made. Directs the Secretary to annually evaluate the grant programs. Authorizes the Secretary to contract with private entities to conduct the evaluation. Authorizes appropriations for FY 1988 through 1990. Directs the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to require, as a condition of receiving funds under provisions of part B (Alcohol and Drug Abuse and Mental Health Services Block Grant) of the Public Health Service Act, that a State must agree that activities carried out under a specified provision will include increased provision of mental health services related to Alzheimer's and related disorders. Authorizes appropriations for FY 1988 through 1990. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants to assist grantees in providing training programs and continuing education programs, regarding Alzheimer's or related disorders, to health care professionals, health care paraprofessionals, and family caregivers. Specifies eligible types of grant recipients. Directs the Secretary to ensure that grants are equitably geographically distributed. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants to the Alzheimer's centers established by this Act to assist in developing curricula for such training programs and continuing education programs. Authorizes appropriations for FY 1988 through 1990. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to initiate a study regarding specified health manpower needs related to Alzheimer's disease, related disorders, and other disorders requiring long-term care services. Authorizes appropriations for FY 1988 through 1990. Directs the Secretary to establish a National Alzheimer's Disease Education Program for: (1) promoting the coordination of health care financing, service, research, education, and training programs; (2) collecting, through the Clearinghouse on Alzheimer's Disease, information on research and treatment programs; (3) making such information available to specified groups and to the general public; and (4) providing technical assistance to States and public and private organizations. Authorizes appropriations for FY 1988 through 1990. Title II: Improvement of Services Under Medicare and Medicaid Programs - Directs the Secretary of Health and Human Services to review the levels of reimbursement provided under title XVIII (Medicare) of the Social Security Act for home health services, extended care services, and inpatient hospital services relating to an advanced stage of Alzheimer's or a related disorder and adjust the levels to accurately reflect the reasonable amount required to provide adequately for services furnished. Requires each State plan approved under title XIX (Medicaid) of the Social Security Act to report to the Secretary on how the levels of reimbursement under the plan for home health services, nursing facility services, inpatient hospital services, and community-based care take into account special needs regarding an advanced stage of Alzheimer's or a related disorder. Directs the Secretary to modify contracts with utilization and quality control peer review organizations under part B (Peer Review) of title XI of the Social Security Act to ensure that the organizations conduct adequate and representative quality of care reviews on patients who require intensive home health services or extended care services. Requires States, as a condition of approval of a State plan under Medicaid, to provide assurances that the State is providing for the conduct of adequate and representative quality of care reviews on patients who require intensive home health services, nursing facility services, or other long-term care services. Directs the Secretary to review and report to the Congress regarding whether specified types of facilities participating under the Medicare or Medicaid program limit or restrict the services they provide to individuals with Alzheimer's or a related disorder. Directs the Secretary to provide for research and demonstration projects concerning methods of improving the delivery of health care services to Medicare and Medicaid beneficiaries with Alzheimer's disease or a related disorder. Specifies projects to be included. Directs the Secretary to provide for an evaluation of the research and demonstration projects and submit a report to the Congress. Authorizes appropriations for FY 1988 through 1990. Requires funds, to the extent that research and demonstration projects relate to Medicare beneficiaries, to be appropriated from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes the Secretary to waive compliance with the requirements of part B (Peer Review) of title XI, title XVIII (Medicare), and title XIX (Medicaid) of the Social Security Act as necessary to conduct these research and demonstration projects.
United States · United States Congress · 14 March 1988
Declares that the President should: (1) posthumously award the Presidential Medal of Freedom to Charles E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their efforts to document the Afghan struggle for freedom; and (2) present the award to those individuals' families on March 21, 1988, the start of the new year in Afghanistan.
United States · United States Congress · 4 March 1988
Amends the National School Lunch Act to require that eligibility for free lunches under the school lunch program be based on the nonfarm income poverty guidelines prescribed by the Office of Management and Budget.
United States · United States Congress · 4 March 1988
Amends Federal law relating to Interstate highway construction funds to provide that any State which voluntarily reduces the period of availability of apportioned funds for any fiscal year shall be ineligible to receive funds for the succeeding fiscal year.
United States · United States Congress · 3 March 1988
Prohibits the importation of any products of Panama. Prohibits the exportation to Panama of any U.S. goods or technology, except for medicine and humanitarian assistance. Requires the President to notify the Government of Panama that he will order the revocation of the rights of any air carrier to provide service pursuant to any aviation agreement between the United States and Panama. Requires the President to direct the Secretary of Transportation to: (1) revoke such rights; (2) refuse to permit any U.S. air carrier to provide service between the United States and Panama; (3) prohibit the landing in the United States of any foreign air carrier owned by the Panamanian Government or any aircraft of a foreign air carrier that has taken off from Panama within the preceding 48 hours; and (4) prohibit the takeoff and landing in Panama of any aircraft of any air carrier owned or controlled by a U.S. national or corporation. Allows exceptions to such prohibitions in emergency situations. Prohibits any depository institution from transferring any funds to any financial institution located in, or organized under the laws of, Panama. Suspends the sanctions required by this Act for any period during which the President certifies to the Congress that progress toward genuine democracy has been achieved in Panama. Specifies that nothing in this Act shall be deemed to affect the status of the 1977 Panama Canal Treaty or related agreements, or the 1977 Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal.
United States · United States Congress · 3 March 1988
Amends the Internal Revenue Code to exempt from the required application of uniform inventory cost capitalization rules any animal produced in a farming business, regardless of the animal's preproductive period.
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 · 2 March 1988
Amends the Commercial Motor Vehicle Safety Act of 1986 to declare that its requirements do not apply to: (1) motor vehicles registered for farm use which are driven less than 15,000 miles per year; or (2) motor vehicles used solely for fire fighting purposes.
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
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 · 19 February 1988
Amends the Internal Revenue Code to provide that rules requiring the capitalization of preproductive costs shall not apply with respect to livestock bred by the taxpayer.
United States · United States Congress · 19 February 1988
Condemns North Korea for its bombing of Korean Air Lines (KAL) flight 858 and its support for international terrorism. Commends the Government of South Korea for confronting North Korean terrorism and for efforts to ensure a safe International Olympic Games in Seoul this year. Expresses the sense of the Congress that: (1) those responsible for the KAL bombing should be brought to justice; (2) all nations should take appropriate measures against North Korea, including implementing trade and other sanctions; (3) international aviation groups, including the International Civilian Aviation Organization, should take steps against North Korea, including consideration of the suspension of air service; and (4) the Governments of Bahrain and Japan should be commended for their cooperation in the investigation of the KAL bombing.
United States · United States Congress · 4 February 1988
Child Protection and Obscenity Enforcement Act of 1988 - Title I: Child Pornography - Amends the Federal criminal code to make it illegal to use a computer to transport information in interstate or foreign commerce concerning the visual depiction of minors engaging in sexually explicit conduct (child pornography). Establishes criminal penalties for buying, selling, or transferring the custody of a minor: (1) knowing that, as a consequence of the sale or transfer, the minor will be used in child pornography; or (2) with the intent to promote child pornography. States that such sale or transfer must involve: (1) the minor or other actor traveling in interstate or foreign commerce; (2) communications in interstate or foreign commerce; or (3) conduct in a territory or possession of the United States. Requires any person who produces a book, magazine, periodical, film, videotape, or other matter which contains any visual depiction of sexually explicit conduct (which is shipped or intended for shipment in interstate or foreign commerce, or contains material shipped in interstate or foreign commerce) to maintain certain records regarding the performers portrayed in such conduct. Directs the Attorney General to issue regulations regarding the maintenance and availability of such records. Includes the sexual exploitation of children as a predicate offense to the Racketeer Influenced and Corrupt Organizations (RICO) statute. Title II: Obscenity - Makes it a Federal criminal offense to receive or possess, with the intent to distribute, obscene matter which has been transported in interstate or foreign commerce. Makes it a Federal criminal offense to knowingly use a facility or means of commerce to sell or distribute obscene matter in interstate or foreign commerce. Establishes a rebuttable presumption, with respect to Federal criminal offenses involving obscene matter, that obscene matter produced in one State (or outside the United States) which is subsequently located in another State (or in the United States) was transported, shipped, or carried in interstate (or foreign) commerce. Establishes criminal and civil forfeiture procedures with respect to Federal offenses involving obscene material and child pornography. Includes communications by means of cable or subscription television within the prohibition against broadcasting obscene language. Amends the Communications Act of 1934 to modify the penalty provisions of such Act with respect to obscene telephone communications. Amends the Federal criminal code to establish criminal penalties for the possession or sale of obscene matter on Federal property. Adds obscenity offenses to the list of crimes for which the Government may obtain wiretaps.
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 · 4 February 1988
Environmental Conservation Acreage Reserve Program Act of 1988 - Title I: Coordination of Conservation and Commodity Programs - Amends the Food Security Act of 1985 to increase authorized conservation reserve program acreage. Provides that with regard to the 1988 through 1991 crops of wheat, feed grains, rice, and upland cotton, the total acreage in the conservation reserve program and the environmental conservation acreage reserve program (established by this Act) shall represent at least 80 percent of total idled acreage. Sets forth program enrollment incentives, including: (1) advance payments; (2) bonus payments; and (3) the counting of enrolled acreage against acreage limitation requirements. Directs the Secretary of Agriculture to report to the appropriate congressional committees assessing such programs' implementation. Title II: Administration of the Conservation Reserve Program and the Environmental Conservation Acreage Reserve Program - Amends the Food Security Act of 1985 to limit the amount of conservation program-enrolled cropland in any county. Bases the limit on reduced economic activity associated with such land. Prohibits annual rental payment variations based on the time of program enrollments. Provides for the use of local conservation experts and farmers in determining appropriate cover crops. Directs the Secretary to carry out a land use pilot program for wildlife habitat or outdoor recreational purposes. Authorizes bonus payments for public access to hunting and fishing areas. Amends the Agricultural Programs Adjustment Act of 1984 to direct (current law merely authorizes) the Secretary to implement a program of reamortizing certain distressed agricultural loans with revenues from marginal land timber plantings. Increases program acreage. Title III: Environmental Conservation Acreage Reserve Program - Amends the Food Security Act of 1985 to direct the Secretary to establish an environmental conservation acreage reserve program of between 5,000,000 acres and 20,000,000 acres to foster resolution of water pollution and soil damage and the related problems of siltation, salinity, pesticide contamination, and adverse land use patterns. Authorizes enrolled acreage to be returned to crop production under specified circumstances. Limits fiscal year payments to any individual to $50,000. Directs the Secretary to submit an annual program report to the appropriate congressional committees, with the first report due by June 1, 1989.
United States · United States Congress · 4 February 1988
Prohibition of Undetectable Firearms Act - Amends the Federal criminal code to prohibit the manufacture or importation of plastic firearms unless the polymer portions of the frame or receiver, barrel, and slide or cylinder have been infused with a compound sufficient to render such firearm capable of being detected by airport security x-ray systems, and: (1) the barrel of such firearm is constructed of a metallic substance susceptible to being detected by a magnetometer; or (2) certain identifying information is engraved, cast, or stamped in a metallic substance susceptible to being detected by a magnetometer. Defines the term "plastic firearm" to mean a firearm, the frame or receiver and slide (or the frame or receiver and cylinder) of which is constructed entirely of polymer or ceramic. States that no provision of this Act shall apply to any firearm manufactured, imported, or possessed prior to the date of enactment of this Act.
United States · United States Congress · 4 February 1988
Expresses the sense of the Senate that the President should: (1) report to the Congress his intention to initiate negotiations on a new long-term agricultural trade agreement with the Soviet Union; (2) seek to include in the terms of such agreement specified provisions concerning the purchase of U.S. agricultural goods by the Soviet Union; (3) no later than May 30, 1988, report to the Congress on the impact of such agreement on U.S. economic growth and agriculture-related employment; and (4) take appropriate measures to assure the free movement of increased quantities of U.S. agricultural products to the Soviet Union.
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
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
Veterans' Compensation Cost-of-Living Adjustment Act of 1988 - Directs the Administrator of Veterans Affairs to increase the rates of veterans' disability compensation and the rates of dependency and indemnity compensation paid to the survivors of disabled veterans by the Veterans Administration. Provides that certain payments that were increased under the Veterans' Compensation Cost-of-Living Adjustment Act of 1987 are to be further increased by the same percentage that benefit amounts payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act are increased as of a specified date (such percentage increase being determined by the cost-of-living increase as referenced by the Consumer Price Index). Requires the Administrator to publish such increases in the Federal Register at the same time that increases under title II of the Social Security Act are required to be published.
United States · United States Congress · 26 January 1988
Student Loan Amendments of 1988 - Amends the Higher Education Act of 1965 to permit guaranteed student loans to students from families with incomes equal to or less than $30,000 without the use of a need analysis. Directs the Secretary of Education (the Secretary) to apply certain need analysis rules as necessary. Directs the Secretary, through the Office of Education Research and Improvement or the Center for Education Statistics, to study and report on the impact of the amendments made by the Higher Education Amendments of 1986 on students applying for guaranteed student loans and the effects on student enrollment in higher education.
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
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Declares the tax inapplicable in connection with sales of these fuels for use on a farm for farming purposes. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)
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 · 19 December 1987
Indian Child Welfare Act Amendments of 1987 - Amends the Indian Child Welfare Act of 1978. Declares the congressional intent to protect the right of Indian children to develop a tribal identity and to maintain ties to the Indian community. Redefines the term "Indian" to include any person of Indian or Alaska Native descent who is considered by an Indian or Alaska Native tribe to be a part of its community. Defines "family" to include extended family members. Grants Indian tribes exclusive jurisdiction over child custody proceedings involving Indian children domiciled or residing on the reservation, except where concurrent jurisdiction over voluntary child custody proceedings may be otherwise vested in the State by existing Federal law. Grants the parent of an Indian child the right to intervene at any point in child custody, and related judicial or administrative, proceedings. Permits the Indian child's tribe to authorize an Indian organization or other Indian tribe to intervene on its behalf. Provides for written notification of the tribe whenever a non-tribal social services agency determines that an Indian child is in any situation that could lead to a placement requiring the continued involvement of the agency with the child beyond a specified period. Grants the tribe the right to examine and copy all documents involving the child. Shields the State agency from liability arising out of its release of information to the tribe. Sets forth procedures for notification of the child's parent, custodian, and tribe, in any State court involuntary child custody proceeding where the court or the petitioner knows or has reason to know that an Indian child is involved, of the existence of, and conduct of, such proceeding. Grants an indigent parent or Indian custodian the right to court-appointed counsel, and allows the court to appoint counsel for the child if it believes it to be in the best interest of the child. Sets legal standards for the admissibility of evidence and the qualifications of expert witnesses in such proceedings. Directs that any order for placement or termination of parental rights protect the child's opportunity to learn his or her tribal identity and heritage, take advantage of the tribe's cultural resources, and provide for continued contacts between the child and the parents, family, and tribe. Establishes procedures to assure that any consent by the parent or Indian custodian to a foster care placement, termination of parental rights, or adoption under State law is voluntary and informed. Declares that such consent shall not be deemed an abandonment of the child by the parent or Indian custodian, nor shall it affect the rights of other Indian relatives to custody. Provides for the withdrawal of consent and the immediate return of the child unless such return would subject the child to a substantial and immediate danger of serious physical harm or threat of such harm. Permits challenges to child custody proceedings by any parent, Indian custodian, or the Indian child's tribe. Provides for Federal court review of any State court final decree alleged to be in violation of this Act, on an expedited basis. Sets placement goals in State court proceedings. Declares that all placements shall seek to protect the rights of Indian children as Indians, as well as the rights of the Indian community and tribe. Requires that adoptive placements be made in accordance with tribal preferences established by resolution or, in the absence of such resolution, according to a specified order of placement, with exceptions. Requires that any child accepted for foster care or preadoptive placement be placed within reasonable proximity to the child's home. Directs a State, as necessary to comply with the provision of this Act that the prevailing social and cultural standards of the Indian community be the standards to be applied in meeting placement requirements, to promulgate separate State licensing standards for foster homes servicing Indian children and place such children in homes licensed or approved by the Indian child's tribe or an Indian organization. Sets notification requirements. Sets requirements for subsequent placements or proceedings, and for the reassumption of exclusive tribal jurisdiction. Allows the parent or Indian custodian from whose custody a child has been removed or retained, and the child's tribe, to petition any court with jurisdiction for the return of the child. Prohibits an Indian parent or custodian from waiving any of the provisions of this Act. Sets forth procedures for authorizing continued physical custody, following the emergency removal of a child, and procedures for terminating such custody. Directs the Secretary of the Interior to establish Indian Child Welfare committees to monitor compliance with this Act. Requires States in which a federally-recognized Indian tribe is located or where there is an Indian population in excess of 10,000 to make compliance with this Act a condition for continued licensure for any private child placement agency, and to audit such agencies to ensure that they are in compliance. Applies provisions of this Act to the aboriginal peoples of Canada. Requires the Secretary to make grants to Indian tribes and organizations for preventive on- and off-reservation programs, in accordance with priorities established by the tribe. (Current law makes this discretionary, and not necessarily consistent with tribal priorities). Requires (currently, authorizes) the Secretary to enter into agreements with the Secretary of Health and Human Services (HHS), and directs the latter to use funds appropriated for similar HHS programs. Authorizes the Congress to appropriate funds to provide Indian child welfare training to Federal, State, and tribal judges, court personnel, social workers, and child welfare workers, including those employed by agencies licensed by a State. Provides for the payment of indirect and administrative costs. Requires that the administrative body of each State court designate an individual to ensure State court compliance with this Act. Sets deadlines for the compilation and forwarding of information to the Secretary and the Indian child's tribe regarding placements. Makes conforming amendments to related Acts.
United States · United States Congress · 15 December 1987
Raoul Wallenberg Monument Resolution - Authorizes the Raoul Wallenberg Tribute Committee to establish a monument to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the monument.
![Official portrait of Sen. Pressler, Larry [R-SD]](https://www.congress.gov/img/member/p000513_200.jpg)