United States · United States Congress · 25 January 1989
National Global Change Research Act of 1989 - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to provide for assignment to the Federal Coordinating Council for Science, Engineering, and Technology of responsibilities to make long-range plans for cooperative scientific and technical research among Federal agencies. Directs the President, through the Council, to develop a National Global Change Research Plan for a ten-year national research effort concerning both human-induced and natural processes of global change. Requires submission of the Plan to the Congress within one year and revision at least triennially thereafter. Directs each participating Federal agency to include global change research funding requirements in its annual budget request. Directs the Chairman of the Council to submit to the President and to the Congress an annual report on global change research efforts.
United States · United States Congress · 25 January 1989
Federal Death Penalty Act of 1989 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person under the age of 16 may be sentenced to death. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if contrary to his or her moral or religious convictions. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) "murder for hire"; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses.
United States · United States Congress · 25 January 1989
Federal Employees Long-Term Care Insurance Act of 1989 - Directs the Office of Personnel Management to arrange for the optional conversion of a portion of a Government employee's life insurance policy to long-term care insurance.
United States · United States Congress · 25 January 1989
Electric Utility Bankruptcy Clarification Act - Amends Federal bankruptcy provisions to require that in cases where the debtor is an electric utility the prior approval of State regulatory authorities must be obtained before a bankruptcy court may confirm any plan of adjustment or reorganization or take any other action which would terminate or restrict the existing jurisdiction of such authorities. Specifies that such requirement shall apply to cases pending on the effective date of this Act.
United States · United States Congress · 25 January 1989
Congressional Campaign Reform Act of 1989 - Amends the Federal Election Campaign Act of 1971 to: (1) increase from $1,000 to $2,000 the amount a person may contribute to a candidate and his authorized political committees for an election for Federal office; and (2) decrease from $5,000 to $1,000 the amount a multicandidate political committee may contribute to a candidate and the candidate's political committees. Requires multicandidate political committees and separate regulated funds to: (1) provide a method so that each person contributing to such committee or fund may specify to which Federal candidate or national political party organization such contribution is being made; and (2) provide each contributor with a list of the names and addresses for the authorized committee of every candidate and for each national political party organization. Requires corporations and labor organizations to report to the Federal Election Commission (Commission) payments or services they furnish which are directly attributable to a registration or get-out-the-vote campaign if the aggregate of such payments and the fair market value of such services exceed $2,000 for any election. Deletes the exception to the reporting requirement for communication costs incurred by a membership organization (including a labor organization) or by a corporation primarily devoted to subjects other than the express advocacy of the election or defeat of a candidate. Sets forth disclosure requirements for independent expenditures through broadcast communications on any radio or television station. Provides that an expenditure is not an independent expenditure where the person making an expenditure is in coordination, consultation, or concert with a candidate. Requires the Commission to provide a hearing within three days after receiving a complaint alleging that an independent expenditure was made in cooperation, consultation, or concert with a candidate. Requires a candidate, within 15 days of qualifying for a primary election ballot, to file with the Commission and each other qualifying candidate a declaration stating whether or not such candidate intends to expend funds and incur personal loans for the primary and general election in the aggregate of $250,000 or more from the following sources: (1) personal funds; (2) family funds; and (3) personal loans incurred in connection with the campaign for office. Allows the opponents of such candidate to accept larger contribution amounts from individuals. Requires a candidate who files a declaration of intent not to expend more than $250,000 and who subsequently does exceed such amount, to file an amended declaration within 24 hours after exceeding such amount. Allows a candidate to repay a personal loan in connection with the candidate's campaign from contributions made to such candidate or any authorized committee of such candidate. Prohibits the repayment of any interest on the principal amount of such loan. Prohibits a candidate from making expenditures from personal funds or family funds or from incurring personal loans in connection with the election campaign at any time within 60 days before such election. Prohibits a candidate who makes expenditures from his personal funds or those of his immediate family to his campaign committee, or makes a loan from such funds to such committee, from using post-election contributions made by any other person to repay any such expenditure or loan. Increases the limit on expenditures made by the national committee of a political party on behalf of the general election campaign of a candidate for the Senate or an at-large House seat to five cents from two cents multiplied by the voting age population of the State, and to $25,000 from $10,000 for candidates running in multi-district States. Expands the definition of the term "national committee" to include the Democratic and Republican National Committees as well as their respective House and Senate campaign committees. Requires a national committee to report: (1) all contributions, loans, transfers, and other receipts from any source to the committee; (2) the identification of each person who provides such contribution in excess of $200 within the calendar year; and (3) all disbursements made by the committee. Amends the Communications Act of 1934 to: (1) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest rate charged for any time in the same period; and (2) prohibit any broadcast licensee from preempting the use of any such time purchased by a qualified candidate. Amends the Federal Election Campaign Act of 1971 to provide that contributions to candidates made payable to an intermediary or made to an intermediary other than the candidate's authorized committee shall be treated as contributions of the intermediary. Requires contributions that are solicited and contributed to a candidate or his authorized committee or agent to be made payable to a specific payee by the original payer.
United States · United States Congress · 14 October 1988
Declares that the Senate commends Richard Brandon for his service to the Senate and the Nation. (Richard Brandon served as Staff Director and Minority Staff Director of the Committee on the Budget.)
United States · United States Congress · 3 October 1988
Omnibus Anti-Substance Abuse Act of 1988 - Title I: Organization - Subtitle A: National Drug Control Program - National Narcotics Leadership Act of 1988 - Establishes within the Executive Office of the President the Office of National Drug Control Policy to prepare a national drug control strategy, to direct and coordinate Federal drug control efforts, and to be headed by a Director of National Drug Control Policy (DNDCP) and two Deputy Directors. Specifies the duties and responsibilities of the heads of executive branch departments and agencies. Authorizes the Director to designate certain areas of the country as high intensity drug areas and to reassign personnel on a temporary basis and provide funds for programs in such areas. Terminates the National Drug Enforcement Policy Board, the National Narcotics Border Interdiction System, and the White House Drug Abuse Policy Office. Authorizes appropriations. Subtitle B: Department of Justice Civil Enforcement Enhancement - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1988 - Directs the Attorney General to ensure that each component of the Department of Justice (DOJ) having criminal law enforcement responsibilities with respect to the prosecution of organized crime and controlled substances violations attaches a high priority to civil enforcement for such violations. Authorizes appropriations. Title II: Crimes and Penalties and Law Enforcement - Subtitle A: Career Criminals - Sets a mandatory penalty of life imprisonment after two or more prior convictions for a felony drug offense. Subtitle B: Public Corruption - Makes it a felony for a public official to seek or accept (or an individual to offer or promise to give) anything of value in exchange for influence to commit an offense against the United States or any State (or with intent to influence such official). Subtitle C: Importation - Requires the U.S. Sentencing Commission (Commission) to promulgate guidelines providing for specified penalties for the importation by aircraft and other vessels of controlled substances. Subtitle D: Schools and Minors - Directs the Commission to promulgate guidelines providing for specified penalties for controlled substances offenses involving minors. Makes exception to the mandatory minimum penalty for first offenses involving five grams or less of marijuana. Subtitle E: Firearms - Increases penalties for the use of certain weapons in connection with a crime of violence or a drug trafficking crime. Sets penalties for the possession of firearms and dangerous weapons in a Federal facility. Subtitle F: Money Laundering - Sets limitations on civil and criminal forfeitures by domestic financial institutions and by defendants who handled but did not retain the property in the course of a money laundering offense. Establishes penalties for conducting financial transactions involving property represented to be the proceeds of specified unlawful activity with the intent to promote or conceal such activity or to avoid a State or Federal transaction reporting requirement. Amends the Bank Secrecy Act to cover businesses similar to financial institutions. Subtitle G: Juvenile Justice - Authorizes the U.S. attorney to forego prosecution of, and surrender to State authorities, a person under 21 years of age who has been arrested, charged, or is a delinquent unless such surrender is authorized by specified provisions of the Federal criminal code pertaining to delinquency proceedings. Subtitle I: Prisons (SIC) - Increases the maximum penalty for drug offenses within Federal prisons. Directs the Attorney General to study and, if appropriate, submit to the Congress proposed legislation which would require prisoners incarcerated in Federal facilities to pay the costs of confinement. Subtitle J: Drug Testing as a Condition of Probation and Supervised Release - Adds drug testing as a condition of probation and supervised release for specified offenses. Establishes procedures for such testing. Subtitle K: Minor and Technical Criminal Law Act Amendments - Minor and Technical Criminal Law Amendments Act of 1988 - Makes technical and conforming amendments to the Federal criminal code. Increases criminal penalties imposed in cases when a bodily injury results during the commission of the crime of deprivation of rights under color of law. Grants the Associate Attorney General authority to: (1) approve certain civil rights prosecutions; (2) approve prosecutions for flight to avoid service of process; (3) summon special grand juries; (4) request a judicial grant of immunity; and (5) object to the disclosure of classified information under the Classified Information Procedures Act. Grants specially designated Assistant Attorneys General authority to approve certain civil rights prosecutions. Grants the Deputy Assistant Attorney General authority to request judicial grants of immunity. Permits the transmission of information on sports betting from a State where such betting is legal to a foreign country where such betting is legal. Permits prosecutions for certain obstruction of justice offenses: (1) to be brought in the district where the official proceeding was intended to be effected or in the district in which the conduct constituting the alleged offense occurred and (2) where the culpable conduct is "corrupt persuasion." Authorizes governmental access to records concerning electronic communication service or remote computing service through the issuance of a trial subpoena. (Current law provides for such access only through the issuance of an administrative or grand jury subpoena.) Amends the Sentencing Reform Act of 1984 to raise the maximum prison term for class B felonies from 20 to 25 years. Amends the Comprehensive Crime Control Act of 1984 to establish conditions for the temporary release (furlough) of persons hospitalized following an acquittal by reason of insanity. Requires copies of certain periodic reports prepared by directors of psychiatric hospitals concerning persons hospitalized for threatening the President, the Vice President, or certain other persons protected by the Secret Service, to be submitted to the Director of the U.S. Secret Service. Extends the power to conduct certain psychiatric and psychological examinations under the Federal criminal code to all psychologists. (Current law extends such power to psychiatrists and clinical psychologists.) Makes conforming amendments to the Federal Rules of Civil Procedure permitting courts to designate psychologists to conduct mental examinations of parties in civil proceedings. Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to create three additional RICO predicates: (1) murder-for-hire; (2) sexual exploitation of children; and (3) fraud in connection with access devices (i.e., credit cards, electronic banking cards, etc.). Amends the Controlled Substances Act (CSA) to subject all personal property used to facilitate a drug offense to forfeiture. (Currently, only certain types of personal property are subject to forfeiture.) Directs the Attorney General to ensure the equitable transfer of any forfeited property to the appropriate State or local law enforcement agency to reflect the contribution of such agency in the actions which led to the forfeiture. Specifies that a decision by the Attorney General under this authority is not subject to judicial review. Authorizes the U.S. Postal Service to: (1) investigate money laundering offenses where the offenses giving rise to the proceeds to be laundered are within the jurisdiction of the Service; and (2) conduct civil forfeiture proceedings in connection with such offenses. Provides that the Attorney General shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding and that the authority of the Service shall apply only to property that has been administratively forfeited. Amends the Federal criminal code to authorize Federal Prison Industries, Incorporated (Corporation) to issue its obligations to the Secretary of the Treasury. Authorizes the Secretary to purchase such obligations. Allows the Secretary to: (1) sell such obligations as public debt transactions; and (2) upon the request of the Corporation, invest excess monies from the Prison Industries Fund. Permits Corporation funds to be used to acquire industrial buildings and equipment for corporate operations. Prohibits the use of corporate funds for the construction or acquisition of penal or correctional institutions or camps. Requires the board of directors of the Corporation to include in its annual report to the Congress: (1) a statement of the amount of obligations issued during the fiscal year; and (2) an estimate of the amount of obligations that will be issued in the following fiscal year. Requires the board of directors to employ the greatest possible number of inmates in U.S. penal institutions who are eligible to work. Directs the Corporation to: (1) produce products on an economic basis, but avoid capturing a reasonable share of the market among Federal departments; (2) concentrate on providing to the Federal Government only those products which permit employment of the greatest number of inmates; and (3) diversify products so that sales are broadly distributed among industries. Requires any decision to produce a new product or expand production significantly to be made by the board of directors. Directs the Corporation, before such decision is made, to prepare a written analysis of the plan's impact on industry and free labor. Requires the Corporation to provide notice of such plans to potentially affected private vendors or trade associations, allowing such parties to submit comments. Directs the Corporation to provide to the board of directors the analysis, comments, and recommendations for action. Requires the Corporation to publish the final decision of the board of directors and, after each six-month period, a list of sales by the Corporation. Amends the CSA and the Controlled Substances Import and Export Act to provide that all the penalties applicable to an underlying drug offense also apply to an attempt or conspiracy to commit such offense. Specifies that a provision providing for the forfeiture of property found within the United States that is derived from drug offenses that occur overseas applies to both real and personal property and to property derived from or traceable to the proceeds of an offense, as well as the proceeds themselves. Provides a mandatory minimum penalty for trafficking in a substantial quantity of methamphetamine and salts and isomers thereof. Subjects to a fine and imprisonment anyone who conducts a financial transaction involving the proceeds of criminal activity with intent to violate the tax laws. Establishes a misdemeanor penalty in connection with the criminal escape of a person being detained for the purpose of exclusion or deportation under the immigration laws. Authorizes the Federal Bureau of Investigation (FBI) to investigate killings of State or local law enforcement officers upon the request of the head of the agency employing such an officer. Increases the maximum prison term in connection with specified crimes of sexual abuse, murder for hire, involuntary manslaughter, attempted murder, being an accessory after the fact, and certain types of racketeering offenses. Increases the penalty for possessing an explosive in a Federal building. Expands such offenses to include airports that are subject to the regulatory authority of the Federal Aviation Administration (FAA) even though not owned by, or leased to, the United States. Amends the Interstate Agreement on Detainers Act to revise provisions applicable to transfers involving the United States when it obtains custody of a State prisoner on Federal charges. Revises the Federal Rules of Criminal Procedure to require a Federal district court to advise a defendant concerning the effects of supervised release terms on the possible penalty before the court accepts a plea of guilty or nolo contendere. Permits the United States to bring an action to enjoin various types of fraud against the Government. Imposes criminal penalties for obstructing Federal audits and for using the term "Secret Service" without authorization. Amends Federal criminal code provisions governing the time for refiling an indictment or information after it is dismissed because it was found to be defective. Amends the Speedy Trial Act of 1974 to extend or restart the 70-day trial "clock" when the defendant absconds on the eve of trial. (Present law suspends such period during the time that the defendant is a fugitive). Authorizes the Government to refund bail which has been erroneously forfeited. Provides that special assessments shall not be imposed for any offense for which local rules or other Federal law allow a defendant to post collateral in lieu of appearance in court. Authorizes a court to impose conditions alternative to fines, restitution, or community service as conditions of probation for felons. Authorizes a judge or magistrate of the District of Columbia to issue an arrest warrant for a foreign fugitive whose location is unknown. Revises the definition of "petty offense" for purposes of the Federal criminal code, the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates, and the Federal Rules of Criminal Procedure. Imposes criminal penalties on persons who mail locksmithing devices. Amends the Assimilative Crimes Act (which authorizes Federal judges to apply State criminal statutes for acts or omissions taking place within a State but on a Federal enclave) to define the various State-enacted sanctions as "punishments" in cases of driving under the influence of drugs or alcohol (thus allowing the imposition of non-jail term sanctions). Provides that refusal to consent to a chemical test following arrest for driving under the influcence on a Federal enclave would result in suspension of driving privileges for one year and would be admissible as evidence in court. Amends provisions with respect to the setting of bail pending appeal. Authorizes the emergency installation of pen registers and trap and trace devices under specified circumstances. Subtitle L: Sentencing Amendments - Amends the Sentencing Act of 1987 to require that the Attorney General assign to the United States Parole Commission for supervision any offender on parole from a foreign country who is transferred to the United States. Requires such offender to serve a term of imprisonment applicable under U.S. sentencing guidelines and to serve any remainder of the term imposed by the foreign country under release supervised by the appropriate district court. Amends the Federal criminal code with respect to the standard of appellate review of sentences. Authorizes the United States Sentencing Commission to: (1) retain private attorneys to advise it; and (2) grant incentive awards to its employees. Requires a court to consider the need to protect the public from future crimes of a defendant when terminating or modifying conditions of supervised release. Amends the Federal Rules of Appellate Procedure with respect to the time for filing a notice of appeal of a sentence. Subtitle M: Miscellaneous - Authorizes the Attorney General to waive immigrant admission requirements with respect to an alien and his immediate family for furnishing specified information to authorities or cooperating with Federal authorities as a witness. Establishes procedures for notice of a defense based upon the defendant's actual or believed exercise of public authority on behalf of a law enforcement or Federal intelligence agency. Establishes: (1) a U.S. Marshals Service within DOJ; and (2) a National Advisory Commission on Law Enforcement within the legislative branch. Subtitle N: State and Local Narcotics Control and Justice Assistance Improvements - Chapter 1: State and Local Narcotics Control and Justice Assistance Improvements - Establishes within DOJ a Bureau of Justice Assistance (BJA). Sets up a drug control and system improvement grant program. Authorizes appropriations. Chapter 2: Juvenile Justice and Delinquency Prevention Programs - Provides for grants for prevention and treatment programs relating to juvenile gangs, drug abuse, and drug trafficking. Authorizes appropriations. Provides for the confidentiality of program records. Chapter 3: Runaway and Homeless Youth - Reauthorizes the Runaway and Homeless Youth Act. Authorizes: (1) a transitional living grant program to promote a transition to self-sufficient living and to prevent long-term dependency on social services; and (2) grants for runaway and homeless youth centers. Chapter 4: Missing Children's Assistance Act - Reauthorizes the Missing Children's Assistance Act. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require that certain grants or contracts be made by a competitive process. Chapter 5: Family Violence Prevention Act of 1988 - Family Violence Prevention Act of 1988 - Provides for family violence reporting and a national survey of the extent of domestic violence in America. Authorizes appropriations. Chapter 6: Regional Information Sharing Systems Grants - Authorizes the Director of BJA to make grants and enter into contracts for the purpose of identifying, targeting, and removing criminal activities spanning jurisdictional boundaries. Chapter 7: Public Safety Officers' Death Benefits Improvement - Increases the basic level of death benefits payable to beneficiaries of a public safety officer. Authorizes and directs the use of appropriations to establish national programs to assist the families of public safety officers who die in the line of duty. Chapter 8: Criminal History Record, Arrest Warrant, and Stolen Vehicle Record Information Improvement - Criminal History Record Information Improvement Act of 1988 - Provides for grants to improve criminal history record, arrest warrant, and stolen vehicle record information. Chapter 9: College and Railroad Police Information - Makes railroad, private college, and university police departments subject to Federal provisions relating to the acquisition, preservation, and exchange of criminal and related records. Chapter 10: Assistance to State and Local Courts - Amends the State Justice Institute Act of 1984 to reauthorize the State Justice Institute. Chapter 11: Victim Compensation and Assistance - Subchapter A: Victims of Crime Act of 1984 Reauthorization - Reauthorizes the Victims of Crime Act of 1984 (VCA). Amends such Act to make funds available to previously underserved victims populations. Subchapter B: Establishment of Office for Victims of Crime - Establishes within DOJ an Office for Victims of Crime. Specifies the duties of the Director. Amends the VCA to provide authority for grants to the States for the handling, investigations, and prosecution of cases of child abuse, particularly sexual abuse. Specifies eligibility requirements for States to qualify for such assistance. Provides for: (1) the establishment or designation of a State multidisciplinary task force on children's justice; (2) the adoption of State task force recommendations; and (3) grants for Native American Indian tribes to improve the handling, investigation, and prosecution of child abuse cases. Subchapter C: Other Amendments to Victims of Crime Act of 1984 - Amends the VCA to: (1) add victims of drunk driving and domestic violence to those eligible for compensation under such Act; and (2) provide compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes. Subtitle O: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act (CSA) to establish recordkeeping and reporting requirements for persons who engage in specified regulated transactions with respect to a listed precursor or essential chemical, a tableting machine, or an encapsulating machine. Makes it the responsibility of each regulated person who engages in such a transaction to identify each other party to the transaction. Directs the Attorney General to specify by regulation the types of documents or other evidence that constitute proof of identity. Requires each regulated person to report specified transactions to the Attorney General. Sets forth provisions with respect to the confidentiality of records. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person. Authorizes the Attorney General to order the suspension of a transaction. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Establishes criminal penalties for persons who knowingly or intentionally import or export a listed chemical with intent to manufacture a controlled substance or with reasonable cause to believe that the chemical will be used for such a purpose. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the CSA to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) receive or distribute reportable amounts of chemicals in de minimis amounts so as to evade reporting and recordkeeping requirements; (4) distribute a listed chemical unlawfully; or (5) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violations of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Subtitle P: Application of United States Immigration Laws and Deportation of Aliens Committing Aggravated Felonies - Violent Criminal Alien Deportation Act - Amends the Immigration and Nationality Act to prohibit the release from custody or conditional parole of any alien arrested pending a determination of whether such alien is deportable for having been convicted of an aggravated felony. Sets forth criminal penalties for: (1) reentry of certain deported aliens; (2) aiding or assisting certain aliens to enter the United States; and (3) refusal of certain aliens to appear and testify after being subpoenaed. Provides for special deportation proceedings and expedited procedures for the deportation of aliens convicted of aggravated felonies. Bars reentry of such aliens for ten years. Provides for forfeiture of instrumentalities used in bringing in and harboring certain aliens. Subtitle Q: Forfeiture and Customs - Chapter 1: Department of Justice Assets Forfeiture Fund - Establishes within the U.S. Treasury the Department of Justice Assets Forfeiture Fund for: (1) the payment of expenses necessary to seize, maintain, or sell property under seizure, detention, or forfeiture; (2) the payment of awards for information or assistance leading to a civil or criminal forfeiture; or (3) related purposes. Sets forth reporting requirements by the Attorney General to the Congress concerning property seized. Chapter 2: Customs Forfeiture Fund - Establishes within the Treasury the Customs Forfeiture Fund for: (1) the payment of expenses of seizures; (2) awards of compensation to informers; (3) satisfaction of liens and claims of parties in interest to property disposed of under the Tariff Act of 1930 (Tariff Act); and (4) related purposes. Makes available the proceeds of such seizures by the U.S. Coast Guard to the Coast Guard for specified purposes. Requires the Commissioner of Customs to submit annual reports to the Congress. Authorizes appropriations. Chapter 4: Miscellaneous Forfeiture Provisions (SIC) - Amends the CSA to provide for the transfer by the Attorney General of forfeited personal property or the proceeds of the sale of such property. Requires the Attorney General to prescribe regulations for expedited administrative procedures for property seizures for violations involving the possession of personal use quantities of a controlled substance that provide for the immediate return of the property if the owner or interested party did not know of, or consent to, the violation and took reasonable steps to prevent the illegal use of the property. Sets forth provisions relating to: (1) the obtaining of warrants; (2) the powers of U.S. postal personnel to serve warrants and subpoenas, make arrests and seizures, and carry firearms; and (3) the transfer of foreign property by the Treasury. Chapter 5: Administrative Forfeiture - Increases the value of seized vessels or merchandise which requires written and published notice of seizure and forfeiture under the Tariff Act. Subtitle R: United States Magistrates and Court Reforms - Authorizes any U.S. magistrate to: (1) accept a guilty plea for any offense against the United States; and (2) enter a sentence for a misdemeanor or infraction with the consent of the parties involved. Provides for the designation of certain days in which the courts within a circuit shall conduct only proceedings relating to drug offenses. Subtitle S: Military Institutions - Makes the Bureau of Prisons responsible for: (1) administering the confinement facilities located on military installations; and (2) establishing and regulating drug treatment programs and establishing and managing work programs for inmates held in such facilities. Subtitle T: Customs Enforcement Amendments - Amends the Tariff Act to require the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements. Sets penalties for violation of such provision. Grants the same force and effect to a declaration of forfeiture by the appropriate customs officer of a vessel, a vehicle, aircraft, merchandise, or baggage as a final decree and order in a judicial forfeiture proceeding. Subjects persons convicted of specified criminal offenses to fines for the reasonable costs of the investigation and prosecution of the offense, unless the court determines that the defendant lacks the ability to pay. Authorizes the Secretary of the Treasury to administer oaths, subpoena witnesses, take evidence, and compel the production of records in the course of investigating the enforcement of any law that prohibits the importation or exportation of any merchandise. Establishes procedures regarding claims for, and judicial condemnation of, seized vessels or merchandise, forfeiture proceedings, and summary sales of such vessels or merchandise. Amends the Federal Aviation Act of 1958 (Aviation Act) to subject violators to: (1) a civil penalty for failure to report a transfer of ownership of an interest in any aircraft for which a certificate of registration has been issued under such Act; and (2) to seizure and forfeiture in the case of materially false statements or omissions. Subtitle U: Authorization of Additional Appropriations for Drug Enforcement and Interdiction - Chapter 1: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes appropriations for salaries and expenses for the Immigration and Naturalization Service (INS) for FY 1989. Earmarks a specified sum to increase the number of INS inspectors. Authorizes appropriations to the INS for FY 1989 for the Organized Crime Drug Enforcement Task Forces, for additional special agent and support positions, training and equipment, and operations. Specifies that such positions, under the supervision of a director for the pilot project, shall be used exclusively to assist in combatting illegal alien involvement in drug trafficking and crimes of violence. Spells out the authority and responsibility of the director. Requires the Attorney General to set up a pilot program in four cities to establish or improve the capabilities of the local offices of the INS and local law enforcement agencies to respond to inquiries concerning aliens arrested or convicted for, or subject to criminal investigation relating to, a violation of any law relating to controlled substances. Authorizes appropriations for FY 1989 for: (1) salaries, expenses, and increased personnel for the Bureau of Alcohol, Tobacco, and Firearms, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the U.S. Marshalls Service, U.S. Attorney, and the Federal Judiciary; (2) support of United States prisoners in non-Federal institutions; and (3) the Federal Prison System. Chapter 2: Drug Interdiction Asset and Personnel Enhancement - National Drug Interdiction Asset and Personnel Enhancement Act of 1988 - Subchapter A: Coast Guard - Authorizes appropriations to the Coast Guard for FY 1989 for acquisition, construction, improvement, and operating expenses (including personnel). Subchapter B: United States Customs Service - Authorizes appropriations to the U.S. Customs Service for FY 1989 for the air interdiction program and salaries and expenses of the Service (including increasing the number of Customs inspectors). Subchapter C: Drug Enforcement Administration - Authorizes appropriations for salaries and expenses of DEA for FY 1989. Subchapter D: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the border patrol within DOJ, for increased equipment and personnel, for design improvements for the border patrol station of San Clemente, California, and to establish an INS drug education officers program. Subchapter E: Research and Development Programs to Assist Federal Enforcement Agencies - Provides for the use of existing Federal research and development facilities for civilian law enforcement. Authorizes appropriations to the Customs Service for FY 1989 for cargo container drug detection research and development. Directs the Commissioner of Customs to report his findings to the appropriate congressional committees. Subchapter F: Drug Enforcement Training Improvement - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center for expanded training, salaries, and expenses. Directs the Secretary of the Treasury to report to the appropriate congressional committees. Authorizes the Department of Defense, Department of State, DEA, Customs Service, and INS to provide foreign language training to special agent personnel. Authorizes appropriations. Subchapter G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for salaries and expenses of DEA for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subchapter H: Standards of Care in Discovering Contraband - Directs the Secretary of the Treasury to: (1) prescribe regulations for discovering whether controlled substances imported into the United States are aboard a conveyance; and (2) issue controlled substances regulations for a two-year demonstration program to prevent air carrier smuggling. Subchapter I: Interpol-United States National Central Bureau - Authorizes appropriations for the U.S. National Central Bureau for FY 1989, including increases in personnel. Subchapter J: Civil Air Patrol - Directs the Secretary of the Air Force to: (1) issue regulations to ensure that the Civil Air Patrol plays an integral role in drug interdiction and eradiction activities; and (2) submit quarterly reports to specified congressional committees regarding such activities. Title III: Prevention, Education, and Treatment - Subtitle A: Alcohol and Drug Abuse and Mental Health Services Block Grants - Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for block grant allotments to States for prevention, treatment, and rehabilitation projects with respect to alcohol and drug abuse and for mental health services. Changes the formula for determining the amount by which State allotments shall be reduced for failure to implement a State comprehensive mental health services plan. Sets forth requirements regarding a report by the Comptroller General of the General Accounting Office with respect to plan implementations. Authorizes the Secretary of Health and Human Services (Secretary) to use not to exceed one percent of the amounts appropriated for the allotments in each of FY 1988 through 1991 to conduct evaluations and prepare reports concerning the effectiveness of the block grant programs. Revises the formula for determination and distribution of the allotments. Sets forth requirements for allotment applications, including requirements that the chief executive officer of each State certify: (1) that the funds will be used for comprehensive mental health services and community mental health centers; (2) that the State will establish reasonable evaluation criteria; (3) the specific purposes for which the funds will be used; (4) that the State will use the funds for specified alcohol and drug abuse activities; (5) that the State will use certain funds to provide new mental health services and programs; and (6) other matters. Requires States, in order to receive allotment payments, to agree to coordinate among mental health services institutions the establishment of a State comprehensive community mental health system. Requires the chief executive officer of a State to establish a State mental health services planning council. Directs the Secretary to report annually to specified committees of the Congress regarding the new State mental health services. Amends title V of the Public Health Service Act to require the Secretary to collect data on mental health and on alcohol and drug abuse treatment. Directs the Secretary to report to specified congressional committees every two years on drug and alcohol and mental health services. Directs the Secretary, through the Director of the National Institute of Mental Health, to develop a model plan for a community-based system of care for seriously mentally ill individuals. Authorizes appropriations and makes allotments to States based on population and need. Sets forth procedures for applications by the States, reporting, and evaluation. Specifies appropriate and prohibited uses of such funds. Provides for training, technical assistance, and data collection. Subtitle B: National Institutes of Alcohol, Drug Abuse, and Mental Health - Establishes an Office for Substance Abuse Prevention within the Alcohol, Drug Abuse, and Mental Health Administration. Specifies the duties and authority of the Administrator of such agency. Renames the Administration the National Institutes of Alcohol, Drug Abuse, and Mental Health. Directs the Secretary to make grants to States, political subdivisions, and nonprofit entities for specified types of mental health services demonstration projects, subject to certain restrictions. Authorizes appropriations for FY 1988-90 for specified projects. Directs the Administrator to establish and implement a public information program of fetal alcohol syndrome and to report to specified congressional committees. Authorizes appropriations for FY 1988-91 for the National Institute on Alcohol Abuse and Alcoholism. Authorizes appropriations for FY 1989-91 for the National Institute on Drug Abuse (NIDA). Provides for the dissemination of drug treatment information and for the evaluation of the Veterans Administration's inpatient and outpatient drug and alcohol treatment programs. Requires the Director of NIDA to conduct annual surveys of households and high school seniors nationwide. Directs the Secretary to establish demonstration projects providing grants to States to provide treatment and referrals to individuals who abuse drugs. Sets forth provisions governing procedures for awarding grants, criteria for such awards, applications, and preferences to projects demonstrating a comprehensive approach to the problem. Requires, as a condition of awarding grants, a systematic evaluation of the projects funded. Authorizes appropriations for FY 1989-93. Directs the Secretary to develop and maintain an ongoing program of research and evaluation of alcohol and drug abuse treatment programs to determine the most effective treatment methods and to assess the comparative efficacy and cost-effectiveness of different methods. Directs the Secretary to: (1) make grants to States for community youth activity programs, giving priority to projects such as those seeking to reinvolve dropouts in educational programs and providing outreach to individuals at high risk of substance abuse; and (2) develop and conduct a structural evaluation of the different approaches utilized across the nation to reduce substance abuse. Subtitle C: Institute of Medicine - Directs the Secretary to: (1) conduct a study concerning the appropriate treatment, rehabilitation, and continuing use of persons suffering from severe and disabling mental illnesses; and (2) report to specified congressional committees on the results of such study. Authorizes appropriations. Subtitle D: Alternative Utilization of Military Facilities - Requires the Director of NIDA to: (1) coordinate with the agencies represented on the Commission on Alternative Utilization of Military Facilities the utilization of military facilities that could house nonviolent persons for drug treatment purposes; (2) notify State agencies responsible for the oversight of drug abuse treatment programs of the availability of space at such installations; and (3) assist such agencies in developing methods for adapting such installations into residential treatment centers. Sets forth the duties of such State agencies. Allows the Director to reserve space at such facilities to conduct research or demonstration projects. Amends the Federal Property and Administrative Procedures Act of 1979 to allow surplus property under the control of an executive agency to be donated for drug abuse treatment centers. Subtitle E: Acquired Immunodeficiency Syndrome Block Grants - Amends the PHSA to authorize appropriations to make grants to public and nonprofit private entities for programs seeking to reduce the transmission of the acquired immunodeficiency virus in and by users of illegal intravenous drugs. Specifies: (1) allotments of funds appropriated to the States and U.S. territories; (2) information and assurances required concerning the implementation of programs; and (3) appropriate uses of allotments and unexpended sums. Subtitle F: Miscellaneous - Provides for the: (1) establishment of the Office of Associate Director for Special Populations to develop and coordinate prevention, treatment, research, and administrative policies and programs to assure increased emphasis on the needs of women and minorities for the prevention and treatment of alcoholism, alcohol abuse, and related problems; and (2) development of a model insurance benefit plan to be considered for adoption by the Administrator of the Office of Personnel Management and the Congress, including a consideration of the costs and benefits of alternative coverage designs. Requires the Secretary to submit a report containing recommendations concerning the latter to the appropriate congressional committees and to make such report available to members of the insurance industry and business community. Authorizes appropriations for FY 1989 for National Research Service Awards. Authorizes the Secretary to make funds available for the training of personnel to treat substance abuse. Authorizes appropriations for FY 1989. Establishes drug testing certification program requirements. Directs the Secretary of Labor to make funds available to enable employers to develop employee drug and alcohol abuse assistance programs. Authorizes appropriations. Amends the Domestic Volunteer Service Act to authorize appropriations for FY 1989-91. Requires the Secretary to: (1) report to specified congressional committees concerning the range of treatment programs for drug abuse utilized with funds provided under the PHSA and other such programs utilized by State and local governments and private organizations; and (2) identify those programs that demonstrate effective treatment for drug abuse. Amends the PHSA to grant the Public Helath Service authority to enter into certain lease-purchase contracts for the acquisition by lease of buildings and facilities needed to carry out its mission. Subtitle G: Drug Education - Drug-Free Schools Amendments of 1988 - Amends the Drug Free Schools and Communities Act of 1986 to increase appropriations authorized for FY 1989-93. Authorizes State regional drug and alcohol abuse education and prevention centers. Grants priority for the use of funds to training activities concerning drug abuse education and prevention for individuals such as teachers, counselors, parents, and community leaders. Includes within the definition of "high risk youth" individuals who have experienced chronic failure in school. Revises requirements for State applications to include: (1) a detailed comprehensive plan describing how money allocated to the chief executive officer is to be used; and (2) a description of any applicable State teacher certification requirements regarding training in drug and alcohol abuse education and prevention, including a description of the extent to which substance abuse education and prevention is included in teacher training curricula in the State. Authorizes the use of local drug abuse education and prevention program funds for: (1) outreach activities, abuse prevention programs, and referral services for school dropouts; and (2) counseling programs and referral services for parents and siblings of drug and alcohol abusers. Requires State and local reports to be submitted biennially to the Secretary of Education and the appropriate State educational agency, respectively, containing information on the conduct and progress of such programs. Directs such Secretary to make grants to State and local educational agencies and institutions of higher education for teacher training programs. Sets forth application procedures. Authorizes appropriations for FY 1989-93. Directs such Secretary to: (1) conduct an independent evaluation of a representative sample of programs assisted under this subtitle and identify successful projects which may be replicated by other local education agencies throughout the country, and transmit an interim and final report concerning the results of such evaluation; (2) develop model criteria and forms for the collection of data and information with respect to programs under this subtitle, and to disseminate such criteria and forms to regional centers as a resource to States and local educational programs; and (3) provide for the development and dissemination of early childhood education drug abuse prevention curriculum materials and reserve a specified sum for such purpose. Subtitle H: Effective Date - Sets forth the effective date of this title. Title IV: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: Authorization of Appropriations; Allocation of Funds - Amends the Foreign Assistance Act of 1961 (FAA) to authorize appropriations for FY 1989 for international narcotic control activities, multilateral and regional drug abuse control programs, and the development and implementation of a machine-readable document border security program. Directs the Assistant Secretary of State for International Narcotics Matters to give greater attention to those countries which are drug-transit countries but not major drug-transit countries, and which are cooperating fully with the United States in its international narcotics control efforts. Earmarks appropriations for narcotics control assistance to such countries. Amends the State Department Basic Authorities Act of 1956 (SDBAA) to provide additional funds for rewards for information relating to international terrorism. Provides for the reallocation of funds withheld from countries which failed to take adequate steps to halt illicit drug production or trafficking. Earmarks funds for FY 1989 for: (1) education and training of, and the expenses of deploying, training teams in foreign countries for narcotics control purposes; and (2) procurement of weapons to defend aircraft involved in narcotics control efforts. Sets forth congressional notification requirements. Subtitle B: Restriction on Foreign Assistance and Trade Benefits - Revises certification procedures for drug producing and drug-transit countries under the Trade Act of 1974 and the FAA to take into account actions by foreign governments to stem the flow of illicit drugs into the United States. Authorizes assistance under the FAA for narcotics education and awareness activities. Subtitle C: Reporting Requirements - Subjects any transfer by the Government to a foreign country for narcotics control purposes of any property seized by, or otherwise forfeited to, the Government in connection with narcotics-related criminal activity to the regular reprogramming procedures under the FAA. Requires the President to submit a report to the Congress of all such transfers during that fiscal year. Requires the President to submit annual reports to the Congress describing: (1) the assistance provided, or to be provided, to certain countries by the DEA, Customs Service, and Coast Guard; and (2) U.S. assistance for the previous fiscal year which was denied and the identities of officials whose activities caused such government to be evaluated. Requires specified determinations by the President to be expressed in numerical terms of maximum achievable reductions in illicit drug production. Requires the President to include in the first report required under the FAA what, if any, incentives may be appropriately provided to encourage each country's further cooperation. Provides for additional notification and reporting requirements on drug producing and drug-transit countries. Subtitle D: Latin American Anti-Drug Strike Force - Requires the President to direct the U.S. Ambassador to the Organization of American States (OAS) to initiate discussions with OAS members aimed at securing agreement on the formation of a multinational strike force to conduct operations against international illegal drug smuggling organizations in the Western Hemisphere. Directs the Secretary of State to report to specified congressional committees on progress toward achieving establishment of such strike force. Provides for the submissions to the Congress of a supplemental budget request for FY 1989 and 1990 covering the U.S. share of its operation, if progress is made or an agreement reached. Subtitle E: Miscellaneous Provisions - Urges: (1) the Secretary of the Treasury to negotiate with finance ministers of foreign countries to establish an international currency control agency; and (2) the United States to seek to curb international money laundering on the domestic front. Expresses the sense of the Congress that the President should: (1) convene an International Conference on Combatting Illegal Drug Production, Trafficking, and Use in the Western Hemisphere; and (2) call for negotiations on the establishment of an international drug force to pursue and apprehend major international drug traffickers. Directs the President to conduct a review of U.S. reliance on narcotics raw material from foreign sources. Places restrictions on presidential certifications under the FAA with respect to any major drug producing or drug-transit country which is also a producer of licit narcotics and raw materials. Title V: User Accountability - Subtitle A: Opposition to Legalization and Public Awareness - Expresses the sense of the Congress opposing legalization of illicit drugs. Requires the Drug Control Director to develop a public awareness campaign pertaining to penalties for the use or possession of illegal drugs. Subtitle B: National Commission on Drug-Free Schools - Establishes a National Commission on Drug-Free Schools. Specifies the composition, duties, compensation of members, and powers of the Commission. Requires the Commission to report its findings and recommendations to the President and the Congress. Authorizes appropriations. Subtitle C: Preventing Drug Abuse in Public Housing - Chapter 1: Regulatory and Enforcement Provisions - Amends the United States Housing Act of 1937 (Housing Act) to permit the termination of a tenancy in public housing where any member of the tenant's household, guest, or a person under the tenant's control engages in specified criminal activity. Authorizes a public housing agency to hire investigators of drug crimes. Requires the Secretary of Housing and Urban Development (HUD) to: (1) conduct a study of the extent to which security activities in public housing projects are funded under the Performance Funding System; and (2) transmit to the Congress a report on such study. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants under the BJA block grant program to address the problems of drug trafficking and the manufacture of controlled substances in public housing. Includes a leasehold interest in property as subject to forfeiture under the CSA. Chapter 2: Public Housing Drug Elimination Pilot Program - Public Housing Drug Elimination Act of 1988 - Authorizes the Secretary of HUD to make grants to public housing agencies to eliminate drug-related crime in public housing projects. Includes among the authorized uses of such funds: (1) employment of security personnel; (2) reimbursement of local law enforcement agencies for additional protective services; and (3) security-enhancing physical improvements. Requires such Secretary to report to the Congress on the success of the program. Authorizes FY 1989 appropriations. Chapter 3: Report on Impact of Public Housing Lease and Grievance Regulation on the Ability of PHAS to Take Action Against Tenants Engaging in Criminal Activity - Directs the Secretary of HUD to submit to the Congress a report on the impact of the implementation of specified provisions of the Housing Act on the ability of public housing agencies to evict or take other appropriate action against tenants engaging in criminal activity. Subtitle D: Drug-Free Workplace Act of 1988 - Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for such proceedings and the effect of such debarment. Requires grantees or contractors, within 30 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) take appropriate personnel action against such employee up to and including termination; or (2) require such employee to participate satisfactorily in an approved drug rehabilitation program. Provides for waiver of the requirements of this Act in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this Act. Subtitle E: Transportation Industry Alcohol and Controlled Substances Testing Program - Amends the Aviation Act to establish an alcohol and controlled substances testing program for air carriers and Federal Aviation Administration employees in safety-sensitive positions. Prohibits continued service by individuals in such positions following use of alcohol or a controlled substance without lawful authorization. Directs each air carrier to establish and maintain a rehabilitation program providing for the identification, and opportunity for treatment, of employees and Federal Aviation Administration employees in safety-sensitive positions. Provides for the establishment of procedures for testing, including the setting of standards for testing and confirmation of results. Specifies the relationship between this and other laws and regulations. Amends: (1) the Federal Railroad Safety Act of 1970 to provide analogous treatment for the railroad industry; and (2) the Commercial Motor Vehicle Safety Act of 1986 to set up a pilot program for the random testing of commercial motor vehicles to determine illicit alcohol or drug use. Requires the Secretary of Transportation to: (1) establish a program of testing and screening of urban mass transportation employees in safety-sensitive positions upon a reasonable suspicion of illicit alcohol or drug use; and (2) promulgate regulations, including requirements for a rehabilitation program for such employees. Subtitle F: Federal Privileges and Benefits - Requires the DNDCP to submit to the Congress a list of Federal privileges, benefits, grants, and loans which, if withheld from individuals convicted of a Federal or State drug offense, would significantly deter the use of illegal drugs in the United States. Subtitle G: Restrictions on Passports for Violators of Controlled Substance Laws and Other Laws - Amends the SDBAA to place restrictions on passports for violators of controlled substance laws. Subtitle H: Authorization of Appropriations for President's Media Commission on Alcohol and Drug Abuse Prevention - Authorizes appropriations for the President's Media Commission on Alcohol and Drug Abuse Prevention for FY 1989-91. Title VI: Sense of the Congress on Drug Funding - Expresses the sense of the Congress with respect to the funding of authorizations in this Act, the handling of subsequent obligations that might arise, and the raising of additional funds from an Internal Revenue Service enforcement and collection initiative and increased receipts arising out of the assets forfeiture fund. Title VII: Death Penalty for Drug-Related Killings - Amends the CSA to establish criteria for the imposition of the death penalty where any person: (1) engaging in a continuing criminal enterprise intentionally, or with reckless indifference to human life, kills or participates in the killing of any individual; or (2) intentionally, or with reckless indifference to human life, kills or participates in the killing of a law enforcement officer during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution, or service of a prison term for a felony violation of such Act. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing the factors it will seek to prove as a basis for the death penalty. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to the offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Prohibits the death sentence with respect to any person who: (1) was under 18 years of age at the time the crime was committed; or (2) by reason of mental disease or defect is unable to understand his or her impending death or its reasons. Sets forth both mitigating and aggravating factors to be considered by the jury or the court when imposing its sentence. Includes among the latter: (1) the intentional nature of the act that resulted in the victim's death; (2) previous convictions for CSA violations; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, or sex of the defendant in its consideration of the sentence. Requires each juror to return a signed certificate stating that these features were not considerations in determining the sentence. Directs the Comptroller General to: (1) conduct a study of the procedures used by States in determining whether to impose the death penalty; and (2) report to the Congress on any factors that may account for the evidence that the race of the defendant or victim influences the likelihood that defendants will be sentenced to death. Allows the court to impose a sentence of life imprisonment without the possibility of parole if the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. States that no employee shall be required to participate in or attend any execution carried out under this Act if such participation is contrary to the employee's moral and religious convictions.
United States · United States Congress · 3 October 1988
Commends the Honorable Robert C. Byrd, Majority Leader of the Senate, for his dedication to the ideals of representative democracy and for his outstanding service to the United States.
United States · United States Congress · 22 September 1988
Chemical Warfare Control Act - Amends the Export Administration Act of 1979 to set forth as U.S. policy the use of export controls to curtail transfers of material and technology used in producing chemical weapons. Requires the President to prepare a list of materials and technology which would assist a country's chemical warfare capability. Prohibits the export of such materials and technology to Iran, Iraq, Libya, or Syria or, at the President's discretion and upon notification to the Congress, to additional countries. Authorizes the President to waive such prohibition upon determining that an export will not assist a country's chemical warfare capability. Authorizes the exclusion of any country from such prohibition beginning 30 days after the President submits the name of such country to the Congress. Requires the President, no later than 90 days after enactment of this Act and every 180 days thereafter, to submit to specified House and Senate members and committees a report on: (1) the efforts by Iran, Iraq, Libya, and Syria to acquire the materials to produce chemical weapons; and (2) the present and future capability of such countries to produce such weapons. Requires the report to: (1) assess whether Communist-bloc countries have aided such countries in acquiring such materials; (2) list companies in non-Communist countries which have exported items on the President's list to such countries; and (3) provide credible information that any non-Communist country has aided such countries. Directs the President to apply sanctions to any foreign person who exports any item on the list to any such country. Provides that such sanctions prohibit: (1) contracting with and procuring products and services from a sanctioned person by the U.S. Government; and (2) importing products produced by such person into the United States. Declares that the President shall not apply sanctions in the case of procurement of defense articles and services if: (1) the articles and services are under existing contracts; (2) the President determines that the person to whom sanctions would apply is the sole supplier of essential defense articles or services; or (3) the President determines that such articles or services are essential to national security. Prohibits the application of sanctions to: (1) contracts entered into before the President notifies the Congress of the intention to impose sanctions; (2) spare parts; (3) component parts; (4) routine servicing and maintenance of products; or (5) information and technology.
United States · United States Congress · 11 August 1988
Declares that, on the return of Joseph Biden to the Senate after a six-month absence to recuperate from surgery, the Members of the Senate extend their warmest welcome and personal happiness as well as their best wishes for his continued good health.
United States · United States Congress · 10 August 1988
Designates January 28, 1989, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 10 August 1988
Pays tribute to the friendship between the Republic of Korea and the United States. Supports the choice of Seoul as the host city for the 1988 Summer Olympic Games and commends the Seoul Olympic Organizing Committee for its work. Urges the Democratic People's Republic of Korea to participate in the Games as an important gesture in the reduction of tensions in northeast Asia.
United States · United States Congress · 27 July 1988
Textile Apparel and Footwear Trade Act of 1988 - Limits the 1987 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1986 imports classified under such category. Limits the 1987 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1986 imports of nonrubber footwear classified under such category; and (2) in the case of low priced nonrubber footwear, the total 1986 imports of low priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1987. Sets forth specified exceptions to the limits placed on imported textiles and nonrubber footwear. Authorizes the Secretary of Commerce to prescribe regulations to enforce limitations imposed on the quantity of textiles classified under each category which are entered in 1989 only if they ensure that: (1) the amount of such limitations is allocated to such products of each country to which the total quantity of U.S. agricultural products exported during the year preceding the applicable year exceeds the total quantity of U.S. agricultural products exported to such country during the year before the year preceding the applicable year; and (2) the amount of textiles classified under each category entered during the applicable year that is allocated so that each country exceeds the quantity of such products of such country classified under such category that entered during the year preceding the applicable year. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation, to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether such country has violated trade concessions of benefit to the United States and such violation has not been adequately offset by U.S. action or by the action of such country. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this paragraph, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this paragraph, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on the operation of this Act. Requires the Secretary of the Treasury to establish a pilot program for the issuance and sale of import licenses applicable to categories of textiles to U.S. companies at public auction. Sets forth provisions relating to the applicability of such licenses to such categories. Requires revenues from the sale of import licenses to be paid into the Treasury. Terminates such licensing program on December 31, 1989. Requires the Secretary of the Treasury to report to the Congress, not later than March 31, 1990, on the administration of such program.
United States · United States Congress · 29 June 1988
Presidential Election Reform Act of 1988 - Amends the Internal Revenue Code to repeal: (1) the Presidential Election Campaign Fund; (2) the Presidential Primary Matching Payment Account; and (3) the authority for individuals to designate sums to the Presidential Election Campaign Fund through income tax returns. Amends the Federal Election Campaign Act of 1971 to repeal dollar limits on expenditures by presidential and vice-presidential candidates (hereinafter referred to as presidential candidates). Limits contributions to presidential candidates or their authorized political committees to $5,000. Prohibits multicandidate political committees from making contributions to presidential candidates or their authorized political committees. Requires corporations, labor organizations, and each national committee of a political party to file a report with the Commission if such entities have engaged in any otherwise exempt activity during the period for which the report is filed. Describes "otherwise exempt activities" as those activities which are exempt from disclosure requirements and which include any act of furnishing or making available services, payments, or other benefits excluded from the definition of contribution or expenditure. Establishes reporting requirements for persons making independent expenditures in presidential elections totaling more than $10,000, and thereafter each time such persons make independent expenditures totaling more than $5,000. Subjects to such reporting requirements the exempt activities of corporations and labor organizations. Sets forth disclosure requirements for independent expenditures for elections through broadcast communications on any radio or television station, including identifying the sponsors of such broadcasts. Provides that an expenditure is not an independent expenditure where the person making an expenditure is in coordination, consultation, or concert with a presidential candidate. Requires such candidate, within 15 days of qualifying for a primary election ballot, to file with the Commission and each other qualifying candidate a declaration stating whether or not such candidate intends to expend funds and incur personal loans for the primary and general election in the aggregate of $250,000 or more from the following sources: (1) personal funds; (2) family funds; and (3) personal loans incurred in connection with the campaign for office. Allows the opponents of such candidate to accept larger contribution amounts from individuals. Requires a presidential candidate who files a declaration of intent not to expend more than $250,000 and who subsequently does exceed such amount to file an amended declaration within 24 hours after exceeding such amount. Prohibits such candidate from making expenditures from personal funds or family funds or from incurring personal loans in connection with the election campaign at any time within 60 days before such election. Prohibits a presidential candidate who makes expenditures from personal funds or family funds to the candidate's campaign committee, or makes a loan from such funds to such committee, from using any other contributions after the election to repay such expenditure or loan.
United States · United States Congress · 8 June 1988
Research and Experimental Credit Extension and Reform Act of 1988 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1988. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 18 May 1988
Amends the Internal Revenue Code to extend the low-income housing credit through 1990. (Under current law the credit will expire on December 31, 1989.)
United States · United States Congress · 12 May 1988
Designates the period of July 25 through July 31, 1988, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1988, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 10 May 1988
Expresses the sense of the Congress that: (1) the United States Trade Representative (USTR) should continue to pursue the U.S. complaint against Japan's obstructive citrus and beef import practices with the General Agreement on Tariffs and Trade (GATT) Council seeking a decision that Japan is in violation of the GATT; (2) the USTR is urged to initiate an investigation of the enforcement of U.S. trade rights or unfair trade practices in response to the petition filed by the Florida Citrus Mutual and others; (3) the USTR should pursue such investigation of alleged unfair trade practices; (4) the President should use his authority under the Trade Act of 1974 to restore trade benefits due the U.S. citrus industry which arise from Japan's imposition of quantitative restrictions on U.S. oranges and orange juice; and (5) the President should take action to obtain the recommendation of the GATT Contracting Parties that Japan eliminate or bring into conformity with GATT its citrus and beef import practices with respect to U.S. imports.
United States · United States Congress · 29 April 1988
Provides that a Federal officer or employee acting within official capacity is subject to a Senate subpoena unless the President has directed such individual in writing to assert a privilege of the President under the Constitution. Provides that immunity of witness orders apply to proceedings ancillary to congressional proceedings.
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 · 16 March 1988
Amends the Federal Aviation Act of 1958 to prohibit the imposition or increase of any airport landing fee or comparable facilities use charge if two or more State Governors request review of such fee or charge, unless the Secretary of Transportation has approved such imposition. Prescribes such a review procedure. Applies this Act to any airport at which facility construction or maintenance has been implemented in whole or in part with funds provided under the Airport and Airway Improvement Act of 1982.
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 · 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
Consumer Remedies Improvement Act of 1987 - Amends the Clayton Act to allow a claim for damages to be based on: (1) indirect purchases, in civil actions alleging a boycott or contract, combination, or conspiracy to fix prices or allocate markets; or (2) indirect sales, in addition to any other claim allowed, in the case of a civil action on behalf of producers of agricultural products. Entitles the defendant to an action by the United States or a State attorney general based on indirect purchases or sales to allege, as a partial or complete defense to a claim by a direct purchaser or seller based on the same conduct, that some or all of what would otherwise constitute the direct purchaser's or seller's damages were passed on to indirect purchasers or sellers. Requires that the award for a claim based on indirect purchases or sales be treble the damages shown, in addition to costs and attorneys' fees. Provides that where no claim by a direct purchaser or seller is pending, the defendant shall bear the burden of establishing that the total overcharge or underpayment was not passed on to the indirect purchaser or seller. Prohibits duplicative awards based on direct or indirect purchases or sales for the same overcharge or underpayment. Allows an indirect purchaser or seller to intervene in an action by a direct purchaser or seller based on the same conduct, if a request for such intervention is made within six months of the date of filing of the initial action. Makes failure to request intervention within such time a bar to such claim. Allows a direct purchaser or seller to intervene in an action by an indirect purchaser or seller. Directs the court, upon the defendant's request, to order the consolidation of actions based on the same conduct. Requires the United States or State attorney general, upon the initiation of any action based on indirect purchases or sales, to provide reasonable public notice of the allegations of the suit and a general description of any direct purchasers who may be entitled to maintain an action. Requires the plaintiff, upon the initiation of any action based on direct purchases or sales, to provide reasonable notice of the allegations of the suit to the United States and the State attorneys general.
United States · United States Congress · 11 December 1987
Delays the imposition of sanctions under the Clean Air Act for eight months (until August 31, 1988). Directs the Administrator of the Environmental Protection Agency to designate nonattainment areas by such date.
United States · United States Congress · 8 December 1987
Corporation for Small Business Investment Charter Act - Amends the Small Business Investment Act of 1958 to give a licensee in good standing three months from the date the Small Business Administration receives notice that it is ready to conduct business to qualify for conducting business with the Corporation for Small Business Investment and a special-purpose trust established by this Act. Requires the Administration, within six months after receiving notice that a licensee is ready to conduct business, to promulgate regulations to effect the termination of operations of any licensee which has not qualified for conducting business with the Corporation for Small Business Investment and the Trust. Sets forth the requirements for the final regulations for termination of the operations of any licensee and directs the Administration to furnish to the Corporation all books and records necessary to carry out the provisions of this Act. Establishes the Corporation for Small Business Investment and requires it to maintain its principal office in the District of Columbia. Requires the President to appoint an interim board of directors for the Corporation. Sets forth procedures for selecting the Corporation's permanent board of directors. Requires the board to determine the Corporation's general policies and to select persons to fill the offices provided for in the bylaws. Describes the Corporation's stock structure. Authorizes any depository institution to: (1) make payments to the Corporation of capital contributions; (2) receive the Corporation's stock as evidence of capital contributions; and (3) dispose of such stock. Authorizes the Corporation to issue nonvoting preferred stock. Sets forth limitations on obligations and securities issued by the Corporation. Authorizes the Secretary of the Treasury to purchase obligations issued by the Corporation. Sets forth limitations on the amount and yield of such purchases and requires advance approval of the Congress. Makes all obligations issued by the Corporation acceptable as security for all fiduciary, trust, and public funds controlled by the United States. Authorizes the Corporation to issue commitments or otherwise deal in small business investment securities after the permanent board has been duly constituted. Sets forth the procedure for perfecting a security or ownership interest in small business investment securities created by the Corporation. Authorizes the Corporation to guarantee specified securities. Sets forth criteria for the qualifications of small business investment companies to conduct business with the Corporation. Authorizes the Corporation to enter into agreements with small business investment companies. Authorizes such companies to provide equity capital and loans to small-business concerns. Limits small business investment companies to activities contemplated by this Act and sets forth procedures for eliminating conflicts of interest. Requires the Corporation to adopt a rule prohibiting small business investment companies from assuming control over small-business concerns except on a temporary basis. Sets forth restrictions on the financing of small business investment companies, including a limitation on the aggregate amount of obligations and securities acquired for such companies and a prohibition on providing financing for relending and purchasing or guaranteeing securities that would exceed a specified percentage of the Corporation's assets. Provides that loans from small business investment companies to small business concerns are exempt from the provisions of the Constitution or State laws that limit the terms of such loan, unless the exemption is overriden by a State. Requires the Corporation to adopt criteria for making investments in disadvantaged small business concerns. Establishes a special-purpose trust which shall operate in accordance with a trust agreement between the trust and the Corporation. Sets forth procedures for appointing the trustees. Requires the trust to establish separate accounting for all preferred securities, debentures, loss reserves, and other funds acquired and to make an annual accounting of the trust's operations to the Secretary of the Treasury. Sets forth the powers of the trustees. Requires the Administration, within 30 days after receiving notice from the Corporation that it is prepared to conduct business, to convey to the Corporation all of the right, title, and interest to all securities and outstanding debentures issued by small business investment companies which are not in liquidation. Requires the trust to apply all of the funds held in trust and income to: (1) cover any losses realized on debentures purchased or guaranteed by the Corporation; (2) reduce the interest rate on debentures issued by special small business investment companies; (3) purchase preferred securities issued by special small business investment companies; and (4) cover the operating costs of administering the trust. Authorizes the trustees of the trust to purchase preferred securities and the Corporation to purchase or guarantee the payment of principal and interest on debentures issued by special small business investment companies. Sets forth the terms and conditions for small purchases. Authorizes a special small business investment company to request the Corporation to purchase or guarantee debentures issued by such company. Provides that such debentures shall be subordinate to any other obligations of such companies. Provides that if the Corporation purchases or guarantees debentures issued by special small business investment companies, in addition to such debentures acquired in lieu of the trust purchasing nonvoting stock, they shall be subordinate to any other obligations unless the Corporation determines otherwise. Sets forth restrictions on the interest rate on and total amount of such debentures. Provides that all outstanding preferred securities purchased by the trust from special small business investment companies shall be redeemed and transferred to the U.S. Treasury 50 years after the effective date of this Act. Gives the Administration review authority over the Corporation. Authorizes the Administration to examine the Corporation's books and records. Requires that the corporation's books be audited annually and that a report of each such audit be made by the Secretary of the Treasury to the President and to the Congress' small business committees. Provides that the Corporation's books and records shall be subject to audit by the General Accounting Office at the request of either of the Congress' small business committees and by the Administration's Office of Inspector General while specified debentures remain outstanding. Requires the Corporation to transmit to the President and the Congress' small business committees an annual report. Authorizes the Secretary of the Treasury to sell to the Corporation on September 30, 1988, its interest in small business investment company securities guaranteed by the Administration and held by the Federal Financing Bank, providing such securities are due in FY 1989 or any subsequent year and are not in default. Sets an upper limit on the purchase price. Requires the Secretary of the Treasury, within ten days of receiving notice that the Corporation is ready to conduct business, to propose the sale price for the securities which the Corporation is to purchase. Sets forth procedures for determining the purchase price if the board finds the Secretary's proposal unacceptable. Requires the Corporation to submit a report, within 30 days of the completion of the purchase of the securities, to the Committee on Small Business of the House and of the Senate setting forth the activities of the Secretary, the Corporation, and their representatives under this Act. Prohibits the Administration from making any payments to the Department of the Treasury on debentures guaranteed under the Small Business Investment Act after they are sold to the Corporation. Prohibits the Administration from selling or encumbering loans or debentures it has made or issued, except as specified in this Act. Requires the General Accounting Office, by January 1, 1993, to prepare a report for the House and Senate Small Business Committees on the Corporation's impact in achieving the purposes of this Act.
United States · United States Congress · 4 December 1987
Declares that, in celebration of Law Day U.S.A., special emphasis should be given by grateful people to all law enforcement personnel for their service in preserving domestic tranquility and guaranteeing rights under law.
United States · United States Congress · 3 December 1987
Amends the Wild and Scenic Rivers Act to designate Wildcat River, New Hampshire, as a component of the National Wild and Scenic Rivers System. Directs the Secretary of Agriculture to establish a Wildcat River Advisory Commission to assist in implementing this Act. Authorizes appropriations.
United States · United States Congress · 20 November 1987
Clean Air Standards Attainment Act of 1987 - Title I: Requirement for Nonattainment Areas - Amends the Clean Air Act to authorize States to submit a revised implementation plan for nonattainment areas unable to attain the national primary ambient air quality standard for photochemical oxidants (ozone) and/or carbon monoxide, requiring compliance no later than the end of 1992. Requires such revised plan to include: (1) a vehicle emission control inspection and maintenance program; (2) gasoline vapor recovery of hydrocarbon emissions in certain ozone nonattainment areas; (3) a schedule for implementing the use of alternative fuels or power sources; (4) emissions reductions through the adoption of reasonably available control technology in ozone nonattainment areas; and (5) compliance with the lowest achievable emission rate by new or modified major stationary sources. Requires States to develop an implementation plan for nonattainment areas where ozone exceeds the national primary ambient air quality standard by more than 50 percent and the extended compliance schedule cannot be met by the implementation of the additional requirements. Requires this implementation plan to require the identification and adoption of specific enforceable strategies and transportation control measures, including: (1) restricted vehicle use in emission concentration areas; (2) high occupancy vehicle limitations; (3) improved public transit; (4) the use of cleaner fuels by fleet vehicles; and (5) other traffic flow and ridesharing measures. Requires such ozone nonattainment areas to achieve a specified percent total emissions reduction annually, including major stationary sources. Permits a State to substitute a percentage that will achieve the national primary ambient air quality standard within ten years. Requires per ton fees and excess emissions penalties. Requires monies collected to be used to fund air pollution control programs under this Act. Requires compliance reports at least every three years. Requires offsetting emission reductions in such area to be at least twice as great as the amount of allowable emissions from proposed sources. Requires that the use of technology or emission reduction methods in nonattainment areas should reflect the highest ten percent achieved for the same class or category of source when meeting the lowest achievable emission rate for new or modified sources. Directs the Administrator of the Environmental Protection Agency to publish and revise control technique guidelines for specified categories of sources, including wood furniture coating and hazardous waste facilities. Establishes ozone transport regions and commissions within each region to facilitate the attainment of the national air quality standard for ozone in nonattainment areas affected by emissions in other areas. Requires such commissions to identify controllable sources and other measures to attain the ozone air quality standard. Prohibits the construction or modification of a major stationary source or the award of certain Department of Transportation grants in any nonattainment area which remains a nonattainment area or which is not in compliance with plan implementation requirements. Prohibits the introduction of any pollutant into a publicly owned sewage treatment works with a Clean Water Act permit by a source not utilizing such treatment works prior to a plan implementation violation in a nonattainment area, except when the applicable implementation plan provides for an offset. Permits ozone nonattainment areas to delay compliance with the primary national ambient air quality standard for up to three years if all good faith efforts to attain such standard have been made. Authorizes the Administrator to make grants to facilitate the implementation of revised standards and plans. Requires activities under the Outer Continental Shelf Lands Act performed on the Outer Continental Shelf to comply with the requirements of the Clean Air Act as they would apply to the adjacent State. Authorizes States to control emissions from vessels within their jurisdiction. Title II: Acid Deposition Control - Amends the Clean Air Act to require each State to adopt Administrator-approved enforceable measures to reduce sulfur dioxide emissions in three stages between 1993 and 2000, and to reduce oxides of nitrogen emissions by 1996. Requires covered stationary sources in each State to certify the means of compliance and to be in compliance by specified dates. Prohibits emission increases from newer sources without a corresponding net reduction not otherwise required. Authorizes States with actual utility emissions at specified levels to substitute other standards and enforceable measures. Requires States to submit to the Administrator electric load forecasts and emission reduction contingency plans. Sets emissions limitations for States without enforceable measures. Sets forth methods which may be used, including: (1) energy conservation as the first priority; (2) least emissions dispatch; (3) source retirement; (4) trading of reduction requirements within State; and (5) precombustion cleaning of fuels. Prohibits interstate trading of emissions reductions except in areas served by a utility service territory in more than one State. Directs the Secretary of Energy, acting jointly with the Administrator of the Environmental Protection Agency, to carry out a program of construction and operation of facilities to develop experience in the commercial deployment of clean coal technologies which significantly reduce air emissions of sulfur dioxide or oxides of nitrogen from the generation of electricity or industrial process steam. Includes within such program the solicitation, selection, supervision, monitoring, and dissemination of information about results of proposed projects to deploy such technologies. Requires project selection to be based on applicability to existing coal-fired sources of emission, reductions achievable, and cost-effectiveness, including the ability to use feedstock coal mined in the United States. Prohibits the application of reductions achieved through this program to reductions required under a State implementation plan. Limits Federal funds to 50 percent of costs over a two-year period. Directs the Secretary and the Administrator to establish a Clean Coal Technologies Advisory Committee to select projects. Authorizes appropriations for FY 1988 through 1992. Requires primary nonferrous smelters to be in compliance with applicable emission standards by 1988. Directs the President to negotiate with Canada and Mexico to establish cooperative efforts in controlling transboundary air pollution, including uniform standards of performing to control air pollutant emissions. Directs the Secretary of the Treasury to study and report to the appropriate congressional committees on a system of tariffs on emissions to encourage reductions. Directs the National Academy of Sciences to evaluate and report to the Congress on research priorities for sources and the long-range transport of air emissions. Directs the Administrator to report to the appropriate congressional committees on the feasibility and effectiveness of acid deposition standards to protect sensitive and critically sensitive aquatic and terrestrial resources, including an identification of such resources and impediments to implementing such a control program. Title III: Mobile Source and Other Federal Controls - Sets emission standards for light-duty vehicles and engines: (1) for hydrocarbons after model year 1992; (2) for oxides of nitrogen after model year 1990; and (3) for particulates after model year 1989. Sets emission standards for heavy-duty vehicles and engines for oxides of nitrogen during and after model year 1991 and model year 1995. Sets standards for particulates from heavy-duty diesel vehicles and engines for model years 1991 and 1994. Sets emission standards for light-duty trucks and engines during and after model year 1990 for oxides of nitrogen, hydrocarbons, particulates, and carbon monoxide. Requires motorcycles and motorcycle engines to comply with the standards for light-duty vehicles during and after model year 1992. Requires onboard hydrocarbon control technology for light-duty vehicles during and after model year 1991. Requires the Administrator to regulate formaldehyde emissions. Directs the Administrator to prohibit the manufacture and sale of engines requiring leaded gas. Requires additional regulation of carbon monoxide emissions. Doubles the useful life of light-duty vehicles and engines for purposes of standards established by this Act. Requires each of a manufacturer's vehicles and engines, not the average, to meet each of the emission standards of this Act. Directs the Administrator to add an idle test mode to the Federal Test Procedure for light-duty vehicles. Requires certificates of conformity to be suspended or revoked if fewer than 90 percent of new vehicles or engines tested in a sampling period conform with applicable regulations. Requires the Administrator to use State information when making determinations of nonconformity. Requires the Administrator to establish a testing center for high altitude conditions. Prohibits the sale of devices designed to be installed in a motor vehicle to defeat pollution control and other devices required by this Act. Sets forth procedures for determining civil penalties. Requires States with vehicle inspection and maintenance programs to adopt quality control audits. Requires new vehicles to be labeled with pollution control warranty costs. Sets standards for sulfur content in diesel fuel after July 1, 1990. Sets standards for Reid vapor pressure of gasoline sold during warm weather months following April 1, 1990. Requires the sale of oxygenated fuels in nonattainment areas. Directs the Administrator to report to the appropriate congressional committees on the use of such fuels. Sets forth procedures for determining civil penalties. Prohibits the use of fuels or additives in a motor vehicle not designed for such fuels or additives. Requires the Administrator to establish emission limitations, or standards of performance, composition, or application for hydrocarbon emissions associated with specified categories of sources, including solvents, coatings, and pesticide application. Increases criminal penalties for the knowing violation of certain provisions of this Act, including provisions relating to applicable implementation plans, and for the making of false statements. Directs the Administrator to promulgate performance standards for emission of specified air pollutants, including particulate matter, oxides of sulfur, and lead, from new or modified municipal waste incineration units. Requires such standards to reflect the best level of emission limitation achieved in practice by similar units under optimal conditions. Makes available specified technologies, including dry and wet scrubbing, fabric filtration, and source reduction and source separation. Establishes specific, minimum requirements for degree of thermal destruction of combustibles, reductions of emissions of certain pollutants, and outlet gas concentrations of certain pollutants. Requires jurisdictions served by a municipal incineration unit to have an enforceable solid waste management plan before a State program may issue a permit for a new or modified unit. Requires such plan to reflect the operation of the new or modified unit. Directs the Administrator to promulgate regulations requiring existing units to meet the emissions standards promulgated under this Act according to a timetable which requires compliance within six years. Requires the shutdown of units which fail to meet certain outlet gas concentration limitations by specified dates. Requires owners or operators of municipal waste incineration units to monitor emissions at the point such emissions move into the ambient air and at other points as necessary to protect human health and the environment. Requires such owners or operators to pay for a program to detect impacts of the unit on humans or the environment, including the testing for and reporting of significant levels of contaminants. Requires such owners or operators to comply with certain reporting requirements under Superfund. Sets monitoring standards, including continuous and periodic monitoring. Requires unit permits to be reviewed every five years after their issuance for compliance with emissions and other requirements of this Act. Permits States to submit for Administrator approval a State program of enforcement, treating the State as an enforcing entity under this Act. Authorizes the Administrator to withdraw such authority if the State is not adequately enforcing these requirements. Directs the Administrator to establish a model State program for the training and certification of municipal waste incinerator personnel. Requires operating personnel to pass such training or be certified by an authorized State program. Amends the Solid Waste Disposal Act to direct the Administrator to develop and promulgate criteria and testing procedures for managing municipal incinerator bottom and fly ash controlled by flue gas emissions control equipment which presents a substantial hazard to human health or the environment. Requires the installation of liners, a leachate collection system, and groundwater monitoring. Requires such criteria and procedures to determine leaching, total chemical analysis, respirability, and toxicity. Requires owners or operators of each such unit to separately test the bottom and fly ash, if possible. Authorizes corrective action for releases of hazardous constituents from such facilities, including post-closure monitoring. Title IV: Ambient Air Quality Standards - Amends the Clean Air Act to require the Administrator to periodically review and revise criteria and standards for each pollutant to reflect the latest available research. Directs the Administrator to report annually to the appropriate congressional committees on such review process. Directs the Administrator to promulgate additional national primary ambient air quality standards for ozone, nitrogen dioxide, sulfur dioxide, fine particles, and acid aerosols based upon concentrations over different time periods and different conditions. Authorizes a substitution of standards for particulate matter. Requires the Clean Air Scientific Advisory Committee to advise the Administrator on high-altitude concentrations of carbon monoxide. Title V: Hazardous Air Pollutants - Requires the Administrator to promulgate, review, and revise emission standards for listed categories of pollutants every three years. Provides for the addition and deletion of substances to and from such list. Directs the Administrator to list categories of sources emitting listed toxic pollutants. Requires emission standards for such pollutants from such sources to be at least equivalent to the most stringent levels achieved in practice. Directs the Administrator to promulgate leak detection and correction requirements to protect human health and the environment which may require annual audits and safety inspections. Sets forth a schedule for promulgating such emission standards based upon quantities and toxicity. Requires the Administrator to list and report to the Congress on categories of area sources of air pollutants subject to control under these requirements to require reductions of emissions according to a prescribed schedule. Revises the national emission standards for hazardous air pollutants. Expands the scope of hazardous air pollutants to include air pollutants which may have adverse environmental as well as human health effects. Requires the Administrator's list of such pollutants to include categories of the source emitting such pollutants. Directs the Administrator to develop criteria to assess air pollutants or classes of pollutants for addition to such list. Requires that decisions to list or not to list a pollutant be subject to public comment. Requires a final determination within five years of an initial determination that insufficient information exists to judge a pollutant as hazardous or nonhazardous. States that the emitters of such pollutant may be required to finance the research to determine its status. Requires such standards to protect human health with an ample safety margin unless a more stringent standard is required to protect the environment. Prohibits consideration of cost and technological feasibility when setting such standards. Permits more stringent interim standards for suspected carcinogens. Grants existing sources up to three years to meet applicable standards (current law allows 90 days). Permits an exemption for up to eight years for a source emitting a pollutant for which there is no health effects threshold where the owners or operators would experience extraordinary economic hardship. Requires such sources to comply with an alternative emission limitation resulting from the application of the best available technology. Imposes emissions standards and other requirements for stationary sources through permits. Authorizes each State to develop and submit to the Administrator for approval programs for control of emissions of toxic and hazardous air pollutants from stationary sources or for the prevention and mitigation of releases of extremely hazardous air pollutants from facilities in such State. Authorizes States to assume the Administrator's authorities to control such pollutants, either in whole or in part. Directs the Administrator to publish guidance for such programs within one year. Includes procedures and standards for emissions control as well as registration of all facilities handling any listed extremely hazardous air pollutant. Directs the Administrator to establish an air toxics clearinghouse to provide information and assistance to States. Authorizes the Administrator to make grants to States to assist in program development. Offers States an opportunity to modify unapproved programs. Requires the Administrator to withdraw approval of any State program which is not administering or enforcing its program. Requires the Administrator to list extremely hazardous substances which may cause acute or chronic adverse human health effects as a result of non-sudden or episodic events. Requires owners or operators of facilities or devices where such releases might take place to carry out hazardous assessments. Establishes within EPA the Chemical Safety and Hazards Investigation Board, an independent safety board to investigate and report on chemical accidents, evaluate hazard assessment techniques, and make recommendations to the Administrator on the safety of chemical production, handling, and storage. Requires the Administrator to explain any refusal to implement such a recommendation. Authorizes the Board to hold hearings, secure data and written reports from any person handling chemicals, and conduct inspections where extremely hazardous substances are produced, handled, or stored. Grants the Board an independent budget. Requires that Board-collected information, other than trade secrets, be made available to the public. Requires the Board to report annually to the President and the Congress on accidents, recommendations, and priorities for research and investigations. Authorizes appropriations for FY 1988 through 1992. Authorizes the Administrator to promulgate release prevention, detection, and correction requirements for extemely hazardous air pollutant facilities. Includes monitoring, recordkeeping, and other design, equipment, and operational practices. Authorizes the Administrator to secure injunctive or other relief when an extremely hazardous air pollutant from a facility poses an imminent and substantial endangerment to the public health or welfare or the environment. Establishes per day civil penalties for violations of such orders. Directs the Administrator to publish guidance for the coordination of such authority with the relevant authorities under other Federal environmental laws. Authorizes the Administrator to require owners or operators of facilities emitting hazardous or toxic air pollutants or producing or handling extremely hazardous listed air pollutants to monitor emissions from the source and in the vicinity, maintaining records of the results. Directs the Administrator to assess and report to the Congress on hazards associated with emissions of hydrogen sulfide, benzene, and aromatic hydrocarbons.
United States · United States Congress · 30 October 1987
Individual Appropriations Act - Requires the committee of conference to report a separate conference report for each title of a bill or joint resolution making continuing appropriations for a period of 30 days or more, together with any amendments in disagreement for each title. Requires each title to be assigned a bill number and considered separately. Makes it out of order in the House of Representatives and the Senate: (1) to consider such bill or joint resolution unless each title corresponds to a regular appropriations bill; and (2) for any general provisions of such bill or joint resolution not to be contained in the appropriate title. Excludes any bill or joint resolution making supplemental appropriations from provisions of this Act. Makes such Act applicable to FY 1988, 1989, and 1990.
United States · United States Congress · 20 October 1987
Recommends that the Government lend support to efforts to overturn United Nations General Assembly Resolution 3379 (XXX), which equates Zionism with racism.
United States · United States Congress · 15 October 1987
Authorizes the Smithsonian Institution to develop a master plan for expansion of the National Air and Space Museum at Washington Dulles International Airport that will not interfere with the operations of the airport. Authorizes appropriations for FY 1988 and 1989 for master planning activities.
United States · United States Congress · 13 October 1987
Designates January 28, 1988, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 30 September 1987
Directs the Office of Personnel Management to arrange for the conversion of a portion of a Government employee's life insurance policy to long-term care insurance.
United States · United States Congress · 25 September 1987
National American Indian Museum and Memorial Act - Title I: Establishes within the Smithsonian Institution a memorial to the American Indian people to be known as the National Museum of the American Indian, Heye Foundation, to provide for the study, research, collection, and exhibition of aboriginal Americans and their culture. Designates a specified area in the District of Columbia as the site of the Museum. Authorizes the Smithsonian to accept the transfer of all assets of the Museum of the American Indian, Heye Foundation, in New York City. Provides for the construction of a building for the Museum at the District of Columbia site, a Museum Support Center in Suitland, Maryland, and a permanent exhibition facility in New York City. Provides that the Heye Foundation's collection will not be merged with the Smithsonian's collection. Provides that the proceeds from the sale of property acquired through the transfer of the Foundation's assets will be maintained for the exclusive benefit of the Museum. Establishes the Trustees of the National Museum of the American Indian, Heye Foundation, to assist the Board of Regents of the Smithsonian on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) determine the policy for displaying artifacts. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Pledges that the United States will provide the funds needed to maintain and operate the Museum. Authorizes appropriations. Title II: Establishes a memorial within the Museum to commemorate the contributions of Indians and Alaska Natives to the United States and to house certain skeletal remains. Expresses the intent of the Congress that the memorial and Museum be completed within five years of the enactment of this Act. Requires the Secretary of the Smithsonian to determine the tribal origin of all skeletal remains of Indians and Alaska Natives under the control of the Smithsonian. Requires the Secretary to inter in the memorial all skeletal remains of Indians and Alaska Natives covered by a written statement to the Congress certifying that such remains: (1) have not been identified as being associated with a specific Indian tribe or group of Alaska Natives; or (2) have been identified as being associated with a specific Indian tribe or group of Alaska Natives which requests the interment of such remains in the memorial; and (3) are not likely to be the subject of any Indian claim or dispute. Requires the Museum to establish a Board of Design for the memorial, the majority of whose members shall be of American Indian or Alaska Native ancestry. Authorizes appropriations.
United States · United States Congress · 25 September 1987
Intelligence Oversight Act of 1987 - Amends the Foreign Assistance Act of 1961 to repeal provisions prohibiting the use of funds by or on behalf of the Central Intelligence Agency (CIA) for covert action (special activities) in the absence of a presidential finding that such action is important for national security. Amends the National Security Act of 1947 to require the President to ensure that the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence (intelligence committees) are kept fully and currently informed of special activities. (Current law imposes such duties on the Director of Central Intelligence (DCI) and agency heads but not on the President himself.) Declares that such activities shall ordinarily be conducted pursuant to consultations between the President and the intelligence committees prior to implementation of special activities. Requires the President to ensure that any illegal intelligence activity or significant intelligence failure is reported to the intelligence committees, as well as any corrective action taken or planned in connection with such illegal activity or failure. (Current law imposes this duty only on the DCI and agency heads, subject to certain conditions.) Provides statutory authority for the President to authorize special activities when necessary to support U.S. foreign policy objectives and when important to U.S. national security. (Current law does not provide express statutory authorization for special activities, nor does it require that the activities be necessary to support U.S. foreign policy objectives.) Requires that this determination be set forth in a finding that meets specified conditions: (1) that each finding be in writing, unless immediate action is required and time does not permit a written finding (in which case a written record of the President's decision would have to be contemporaneously made and reduced to a written finding as soon as possible but not later than 48 hours after the decision is made); (2) that each finding specify each U.S. Government entity authorized to fund or otherwise participate in such special activities; and (3) that each finding specify any third party, including any third country, whom it is contemplated will be used to fund or otherwise participate in the special activity. Prohibits a finding from authorizing any action inconsistent with or contrary to any U.S. statute. Requires the President to ensure that any such finding be reported to the intelligence committees as soon as possible, but no later than 48 hours after it has been signed. Allows the President to limit access in extraordinary circumstances to the chairmen and ranking minority members of the intelligence committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, but requires that he provide a statement of the reasons for limiting access. Requires the President to promptly notify the intelligence committees or, if applicable, the Members of Congress specified, of any significant change in any previously-approved special activities. Defines special activities to mean any activity conducted in support of national foreign policy objectives abroad which is planned and executed so that the role of the United States is not apparent or acknowledged publicly. Prohibits the use of U.S. funds for any special activity unless and until a presidential finding has been signed or otherwise issued in accordance with this Act.
United States · United States Congress · 6 August 1987
Federal Aviation Administration Independent Establishment Act of 1987 - Establishes the Federal Aviation Administration as an independent Federal agency to succeed the Federal Aviation Administration of the Department of Transportation. Transfers to such independent agency all functions vested in the Federal Aviation Administration currently in the Department of Transportation, and all functions vested in such Department which are administered through the Federal Aviation Administration or are related to it. Authorizes appropriations.
United States · United States Congress · 21 July 1987
Authorizes and requests the President to present a gold medal to Lawrence Eugene Doby and posthumously to Jack Roosevelt Robinson in recognition of their achievements in baseball and their contributions to the advancement of civil rights. Authorizes appropriations. Authorizes the Secretary to cause bronze duplicates of the gold medals to be coined and sold at a price sufficient to cover the cost of such duplicates and gold medals.
United States · United States Congress · 7 July 1987
Amends title VII (Administration) of the Social Security Act to authorize a civil action to be brought on behalf of the Social Security Administration against anyone who uses the words "Social Security" or "Social Security Administration" in trade or commerce in a manner which: (1) falsely represents an association with, or authorization by the Social Security Administration; (2) tends to cause confusion or mistake; or (3) tends to deceive.
United States · United States Congress · 26 June 1987
Declares that the American people reaffirm their commitment to promoting the development of democracy in all the Americas. Expresses the sense of the Senate that: (1) the Government of Panama should respond to the points contained in the communique issued on June 17, 1987, by the Panamanian Episcopal Conference; (2) the vital interests of the United States in securing authentic democracy in Panama would be best served by the peaceful establishment of genuine democratic institutions in accordance with the Panamanian constitution; (3) compliance with internationally recognized human rights and the lifting of the suspension of constitutional guarantees are essential preconditions to the restoration of democracy in Panama; (4) an independent investigation into allegations against senior Panamanian civilian and military officials should be conducted by an objective group of Panamanians with authority to publish their findings without delay or fear of reprisal; and (5) the Government of Panama should direct the current commander of the Panama Defense Forces and any other implicated officials to relinquish their duties pending the outcome of the independent investigation.
![Official portrait of Sen. Rudman, Warren [R-NH]](https://www.congress.gov/img/member/r000497_200.jpg)