United States · United States Congress · 22 February 1989
Martin Luther King, Jr., Federal Holiday Commission Extension Act - Extends the termination date of the Martin Luther King, Jr. Federal Holiday Commission to April 20, 1994. Makes the term of Commission members one year, except for Coretta Scott King (life term) and members of the family surviving Martin Luther King, Jr. (at the discretion of the family). Replaces provisions requiring all expenditures of the Commission to be from donated funds with provisions authorizing appropriations for FY 1989 through 1993. Makes payment of expenses for Commission members and staff salary subject to the availability of funds.
United States · United States Congress · 22 February 1989
COLA Equity Act of 1989 - Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustments in annuities payable under Federal retirement systems for FY 1990 and 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt railroad retirement supplemental annuities from sequestration.
United States · United States Congress · 22 February 1989
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1989, as Baltic Freedom Day. Authorizes and requests the President to call upon the Soviet Union, the Federal Republic of Germany, and the Democratic Republic of Germany to renounce the acquisition or absorption of the Baltic Republics by the Soviet Union as a result of the Molotov-Ribbentrop Pact.
United States · United States Congress · 8 February 1989
Medicaid Home and Community Quality Services Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of community and family support services for severely disabled individuals who became disabled before age 22 and are living in a family home, foster family home, or community living facility. Requires that such services be provided in accordance with a written habilitation plan developed by an interdisciplinary team on the basis of a comprehensive assessment of the individual's strengths and the services and support necessary to: (1) enable such individual to attain or retain capabilities for independence or self-care; (2) promote interaction between disabled and nondisabled individuals within the community; and (3) enable disabled individuals who are over age 18 to engage in paid employment. Increases the age at which newly disabled individuals will be eligible for this Act's coverage so that eventually individuals who become disabled between age 22 and 50 will be covered. Lists the services which may comprise community and family support services, requiring that such services include at a minimum: (1) case management services; (2) individual and family support services; (3) specialized vocational services; and (4) protective intervention services. Excludes from such services: (1) room and board, other than room and board provided for less than six consecutive weeks and less than 12 weeks per year; (2) cash payments as a service; (3) aversive behavior intervention, management, or therapies; (4) services provided to a disabled individual living in a hospital, or skilled nursing or intermediate care facility; (5) educational services which the State makes generally available to its residents without cost and without regard to their income; and (6) services for which payment is made under title XVIII (Medicare), or part A (Aid to Families with Dependent Children) or B (Child Welfare Services) of title IV of the Act. Requires each State to make certain assurances regarding their provision of community and family support services and submit an implementation strategy to the Secretary of Health and Human Services. Requires that such implementation strategies: (1) describe the extent and scope of community and family support services provided to the severely disabled and the extent and scope of services provided to the severely disabled who are institutionalized; (2) set forth the objectives and a five-year strategy for expanding community and family support services for the severely disabled; (3) include certain procedures for transferring severely disabled, institutionalized individuals to family homes, foster family homes, or community living facilities; (4) set forth standards for the provision of community and family support services and a program for licensing and certifying all facilities and programs providing such services; (5) provide for assessments of the provision and affect of community and family support services and the correction of service deficiencies; (6) provide the public with an adequate opportunity to comment on the strategies; (7) set forth methods ensuring that the personnel providing community and family support services receive adequate training and are competent to provide such services; (8) provide that the State has in effect a management information system capable of collecting, storing, and retrieving data on the severely disabled who receive community and family support services; (9) provide an opportunity for an appeal and hearing before a hearing officer to individuals who believe themselves to be inappropriately served or denied an appropriate service, or who are being scheduled for an involuntary transfer from one living arrangement to another; (10) describe the methods to be used in administering community and family support services; and (11) set forth procedures to protect the interests of public employees who will be affected by the transfer of the severely disabled from public institutions. Allows States to provide any new community and family support service for up to three years without meeting the Medicaid requirements that it provide a service on a statewide basis and that the service be comparable in all parts of the State. Requires that intermediate care facility services for the mentally retarded include the ascertainment of the individual needs of each newly admitted individual by an interdisciplinary team within 30 days and the development of a written habilitation plan for each individual. Limits Medicaid payments to States for skilled nursing and intermediate care facility services furnished to individuals under age 65 who became disabled before age 22 to the amount payable for such services in the fiscal year ending after the enactment of this Act, increased if and by the extent to which the percentage increase in the consumer price index exceeds six percent. Makes such limitation inapplicable to facilities which have less than 16 beds or meet the size and location requirements for a community living facility. Requires States to have in effect a system to protect and advocate those rights of the severely disabled who are eligible for medical assistance which relate to the provision of such assistance. Provides Federal Medicaid matching funds for such system. Gives individuals who are adversely affected by a violation of this Act's requirements the right to bring an action to enjoin such violation. Allows States to set payment rates for community and family support services for the severely disabled. Authorizes States to treat severely disabled individuals under age 19 who are not in a medical institution as receiving benefits under title XVI (Supplemental Security Income) (SSI) of the Act for Medicaid eligibility purposes if they would be eligible for SSI benefits if institutionalized. Requires States to establish a uniform income standard for the severely disabled regardless of whether or not they are in a medical institution. Authorizes States to provide Medicaid coverage of disabled spouses and children who, except for the resources deemed to them, would be eligible for SSI benefits. Removes certain limitations on the Secretary's approval of reduction and correction plans for deficient intermediate care facilities for the mentally retarded. Makes individuals who are severely disabled and receiving or deemed to be receiving SSI benefits eligible for Medicaid as long as such qualifications continue to be satisfied. Directs the Secretary to establish, within the Health Care Financing Administration, a Bureau of Developmental Disabilities Services responsible for administering Medicaid programs for the severely disabled. Requires the Secretary to: (1) develop standards and a program for training Federal and State personnel who perform surveys of skilled nursing and intermediate care facilities to determine whether such facilities meet Medicaid participation requirements; and (2) periodically conduct studies of the reliability of such surveys and make the changes necessary to improve such reliability. Directs the Secretary to support the development of: (1) instruments to assess outcomes in the provision of this Act's services; and (2) competency-based personnel standards for agencies and organizations providing services to the severely disabled pursuant to this Act. Requires the Secretary to: (1) conduct an annual assessment of each State's compliance with this Act's requirements; and (2) issue final regulations regarding this Act's amendments prior to the first fiscal year beginning after this Act's enactment. Sets forth reporting requirements.
United States · United States Congress · 7 February 1989
American Heritage Trust Act of 1989 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used for the preservation of the Nation's recreational areas. Requires any excess interest to be credited to the Treasury. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments, Indian tribes, and Alaska Native Village Corporations. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Provides for allocation of a percentage of annual appropriations for State historic preservation trust funds. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact. Requires the Secretary of the Interior, within 18 months after enactment of this Act, to provide for a contest for elementary or secondary school children for the design of a symbol to represent such Trust and for use in such signs.
United States · United States Congress · 7 February 1989
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds and mortgage credit certificates may be issued. (Under current law, authority for these programs is due to expire as of 1990).
United States · United States Congress · 7 February 1989
Declares that, in celebration of Law Day, U.S.A., special emphasis and acknowledgment should be given to all law enforcement personnel for their service in preserving domestic tranquility and guaranteeing rights under law.
United States · United States Congress · 2 February 1989
National Energy Policy Act of 1989 - Establishes as national goals: (1) that the amount of carbon dioxide in the atmosphere be reduced from 1988 levels by at least 20 percent by the year 2000 through a mix of Federal and State energy policies; and (2) the establishment of an international global agreement on the atmosphere by 1992. Title I: National Energy Plan - Requires the Secretary of Energy (the Secretary) to transmit to the Congress a "least cost national energy plan" with forecasts, priorities, inventories, and targets for meeting such national goals. Sets forth the plan's contents. Mandates revision and resubmission of the Plan to the Congress every two years. Title II: Office of Climate Protection - Establishes the Office of Climate Protection which shall be responsible for: (1) participation by the Department of Energy in various domestic and international agencies involved in global climate change analysis; and (2) the monitoring of U.S. energy policies for atmospheric and global warming effects, with annual reports on such effects. Title III: Energy Efficiency - Subtitle A - Directs the Secretary to: (1) assign a high priority to energy efficiency in departmental programs, buildings, and equipment; and (2) submit to the Congress evaluation reports regarding the policy options necessary to produce a two to four percent annual decrease in the energy use per unit of gross national product through the year 2005. Mandates that the President's budget requests for FY 1991 through 1993 include the Secretary's recommendations of amounts to be set aside for innovative energy efficiency research and development. Authorizes appropriations for energy efficiency research and development programs for FY 1991 through 1993. Requires the Secretary to issue a general request for proposals dealing with energy efficiency technologies. Sets forth guidelines for Federal financial assistance for such proposals. Authorizes appropriations. Directs the Secretary to establish and provide financial assistance to joint research and development ventures with specialized private firms and investors in order to establish at least five regional centers for energy-intensive industries. Requires such industries to conduct research and development on common industrial processes to improve energy efficiency and reduce production and emission of carbon dioxide and trace gases into the atmosphere. Authorizes appropriations for such centers and requires the industries for which the centers are established to contribute matching funds starting in 1992. Directs the Secretary to establish a Federal Energy Analysis Team to analyze and make recommendations regarding energy efficiency and the use of renewable energy in Federal buildings. Sets guidelines for the Federal building energy conservation program to be implemented by the Secretary and Federal agencies. Amends the National Energy Conservation Policy Act to repeal the prohibition against the supply or installation by a public utility of a residential energy conservation measure for residential customers. Requires the Secretary to promulgate guidelines for regulations to be formulated and implemented by State governments requiring the assignment of an energy efficiency rating to residential buildings. Directs the Secretary to establish a technical and managerial support program for State and local governments adopting energy efficiency rating systems or building codes. Adds incandescent and fluorescent lamps to the list of covered consumer products to which energy efficiency standards apply. Requires the Secretary to: (1) prescribe energy conservation standards and test procedures for such projects by January 1, 1990; and (2) establish energy efficiency labels for windows. Subtitle B - Amends the Public Utility Regulatory Policies Act of 1978 to direct the State regulatory authorities, nonregulated electric utilities, and nonregulated gas utilities to hold public hearings regarding the implementation of Federal standards concerning utility rates based upon least cost investment. Directs the Federal Energy Regulatory Commission (FERC) to prescribe rules encouraging the achievement of qualifying conservation. Mandates that such rules: (1) require that electric utilities offer to purchase qualifying conservation from qualifying cogeneration or small power production facilities; and (2) provide for the verification of conservation achievement. Prescribes rate guidelines for such electric utilities purchases. Title IV: Energy Research and Development Priorities - Directs the Secretary to establish priorities for energy research and development programs using prescribed criteria. Title V: State Energy Conservation Program - Amends the Energy Policy and Conservation Act to mandate that State energy conservation programs which receive Federal assistance include as a goal reduction of ten percent or more in the total amount of energy consumed in such State in the year 2000 from the projected energy consumption for such State in that year. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption. Repeals the National Energy Extension Service Act. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Authorizes appropriations for energy conservation programs for FY 1991 through 1993. Establishes a State Energy Advisory Board to: (1) recommend and advise on the programs under this Act; (2) serve as liaison between the States and the Department of Energy on energy efficiency; and (3) report annually to the Secretary and the Congress on the status of State energy conservation programs. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Amends the Energy Conservation and Production Act regarding limitations upon Federal weatherization assistance for low-income persons. Lists conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Title VI: Renewable Energy - Subtitle A - Solar Development Initiative Act of 1989 - Directs the Secretary of Energy to develop a complementary solar and renewable energy research program which: (1) has near-term commercial applications; and (2) enhances the international competitiveness of the solar and renewable energy industries. Requires the Secretary to include funding for such program in the FY 1991 budget. Directs the Secretary of Energy to establish an information dissemination program for Federal procurement and loan officers regarding the application of solar heating and cooling technology in Federal buildings. Declares that it is the sense of the Congress that the renewable energy technologies programs established by the Secretary of Commerce should be funded in FY 1991 through 1993 through the Department of Energy at a specified minimum level. Amends the Caribbean Basin Economic Recovery Act to direct the President to take into account, when determining whether to designate a beneficiary country, the degree to which it undertakes self-help measures to promote energy self-sufficiency using locally available renewable energy resources. Mandates that the design for new Federal facilities for specified agencies include consideration of energy systems using solar energy or other renewable energy forms. Amends the Export-Import Bank Act of 1945 to mandate that a specified minimum percentage of loan authority be available only for solar and renewable energy loans. Amends the Foreign Assistance Act of 1961 to authorize the Overseas Private Investment Corporation to include among its special projects incentives, grants, and studies for renewable energy and other small business activities. Prohibits the use of administrative funds for such projects. Amends the Small Business Act to: (1) repeal provisions regarding loans to small business concerns for solar energy and energy conservation measures; (2) mandate that a certain percentage of loan authority be used only for small business energy measures; and (3) direct the Administrator of the Small Business Administration to give due consideration to the export potential of solar and renewable energy loan guarantees in an annual report to the Congress. Subtitle B - Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 - Sets forth specified national goals for the current wind, photovoltaics, and solar thermal energy programs. Requires the President's budget requests for FY 1991 to contain the recommendations of the Secretary of Energy for specified Department of Energy research and development programs for 1995, including biofuels energy systems, solar buildings energy systems, ocean energy systems, and geothermal energy. Authorizes appropriations for FY 1991 through 1993 for: (1) the wind energy research program; (2) the photovoltaic energy systems program; (3) the solar thermal energy systems program; (4) the biofuels energy systems program; (5) the solar buildings energy systems program; (6) the ocean energy systems program; and (7) the geothermal program. Requires the Secretary to submit an options analysis to the Congress regarding the accelerated commercialization of specified renewable energy technologies. Directs the Secretary to establish joint research and development ventures in specified energy technologies, and to report to the Congress on the implementation of such plans. Directs the Secretary to establish the following advisory bodies: (1) Advisory Committee on Renewable Energy and Energy Efficiency Technology; (2) Advisory Subcommittee on Photovoltaic Energy Technology; (3) Advisory Subcommittee on Wind Energy Technology; (4) Advisory Subcommittee on Solar Thermal Energy Technology; (5) Advisory Subcommittee on Energy Performance in Factory-Made Housing; (6) Advisory Subcommittee on Advanced District Cooling Technology; and (7) Advisory Subcommittee on Renewable Energy and Energy Efficiency Technology Exports. Authorizes appropriations for FY 1991 through 1993 for such joint ventures. Requires the Committee on Renewable Energy, Commerce and Trade to promote renewable energy technology exports. Authorizes appropriations for such Committee activities for FY 1991 through 1993. Requires the Secretary to make annual reports to the Congress regarding the research programs and ventures under this Act. Requires each annual submission of the National Energy Policy Plan to be accompanied by a three-year strategic plan for energy technology research, development, and demonstration, including energy conservation and renewable energy technologies. Subtitle C - Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas. Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program. Authorizes appropriations for FY 1991. Amends the Energy Policy and Conservation Act to include industries using fuel cell technology under the Renewable Energy Industry Development Act. Directs the Administrator of the Environmental Protection Agency to prepare Federal guidelines, within 180 days after enactment of this Act, for cities and municipalities specifying environmental and safety standards for use of fuel cell technology. Directs the Secretary of Commerce, within the same period of time, to report to the Congress an assessment of the export market potential for integrated systems of fuel cells with renewable power technologies. Subtitle D - Hydrogen Research and Development Act - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest practicable time. Requires the Secretary to send the Congress annual plan descriptions, including any necessary plan modifications. Directs the Secretary to establish such program within the Department of Energy. Requires that the areas to be addressed in such program include production, liquefaction, transmission, distribution, storage, and utilization. Requires priority to be given to production techniques that use renewable energy sources as their primary energy sources. Directs the Secretary to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology and to prepare a comprehensive large-scale hydrogen demonstration technology plan. Requires the Secretary to prepare a comprehensive technology application plan which shall include: (1) the potential applications for the use of hydrogen; (2) technical market and economic readiness assessments for such potential applications; (3) an assessment of Government actions needed to develop such application; and (4) an analysis of the impact of such applications on domestic energy supplies. Requires the Secretary to consult with other Federal agencies and departments in carrying out this program. Requires the establishment of a Hydrogen Technical Advisory Panel of the Energy Research Advisory Board to advise the Secretary on the conduct of the hydrogen program. Requires the Panel to submit an annual report on the program to the Energy Research Advisory Board, which shall subsequently report to the Secretary. Authorizes appropriations to carry out this title for FY 1991 through 1996. Directs the Administrator of the National Aeronautics and Space Administration (NASA) to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program for the development of a domestic hydrogen-fueled aircraft capability within the shortest practicable time. Requires the Administrator to transmit to the Congress an annual plan description, including any necessary modifications with respect to the plan. Requires the Administrator to establish such program within NASA and to prepare and transmit to the Congress a comprehensive flight demonstration plan which shall confirm the technical feasibility, economic viability, and safety of liquid hydrogen as a fuel for commercial transport aircraft. Provides that the research and development program under this title shall include, at a minimum, the development of the systems associated with the production, transportation, storage, and handling of liquid hydrogen for commercial aircraft application. Provides that the Administrator shall consult with other Federal agencies and departments in carrying out the program. Establishes a Hydrogen-Fueled Aircraft Advisory Committee to advise the Administrator on the programs established by this title. Requires the Committee to report annually to the Administrator on its activities and on the status of such programs. Authorizes appropriations to carry out this title for FY 1992 through 1996. Title VII: Advanced Civilian Reactor Programs - Directs the Secretary to implement, according to certain guidelines, a research, development, and demonstration program for the generation of commercial electric power from nuclear fission. Authorizes appropriations for FY 1992 through 1994. Requires the Secretary to submit an annual comprehensive report to the Congress regarding the progress of reactor designs which meet the guidelines set out for such demonstration program. Title VIII: Fusion - Requires the Secretary to report to the Congress regarding international collaboration in research, development, and demonstration in technology for the production of electricity from magnetic and inertial confinement fusion. Title IX: Coal - Requires the Secretary, within nine months after the date of enactment of this Act, to provide the Congress with a comprehensive review of clean coal technologies to be developed in federally funded projects under the Department of Energy's Clean Coal Technology Program. Directs the Secretary to establish and implement: (1) research and development programs demonstrating techniques for carbon dioxide recovery and disposal from motor vehicles, electric utility power operations, and industrial manufacturing processes; and (2) a comprehensive program in the fundamental physics and chemistry of coal combustion. Directs the Secretary to support research to improve the efficiency of coal-generated electricity and industrial processes, giving priority to those projects with the greatest potential for reducing the generation of carbon dioxide. Authorizes appropriations for FY 1991 through 1993. Title X: Natural Gas - Directs the Secretary to enter into cooperative agreements with and to provide financial assistance to municipal governments to demonstrate the feasibility of using natural gas as a fuel for urban area mass transit. Sets as a prerequisite to such agreements that the participating municipal government provide at least 25 percent of the demonstration costs. Authorizes appropriations for FY 1991 through 1993. Requires the Secretary to submit a feasibility report to the Congress within nine months after the date of enactment of this Act pertaining to the use of natural gas in diesel-powered vehicles to facilitate compliance with emissions requirements. Directs the Secretary to implement a program promoting the development and commercialization of natural gas use in motor vehicle fleets by providing for the purchase and construction of alternative fuel vehicles and associated refueling equipment. Authorizes appropriations for FY 1991 through 1993. Directs the Secretary to implement a technician training program to convert conventional fuel vehicles to natural gas. Authorizes appropriations for FY 1991 through 1993. Directs the Secretary to enter into cooperative financial assistance agreements with the Gas Research Institute to perform research and development to improve natural gas vehicle technology. Directs the Secretary to implement a research, development, and demonstration program (including joint research and development ventures) on nonconventional natural gas recovery techniques, as well as improved techniques for recovering gas from discovered reservoirs. Directs the Secretary to enter into cooperative agreements with, and provide financial assistance to, certain parties to construct and demonstrate high efficiency heat engines. Authorizes appropriations. Requires the Secretary to transmit a biennially updated research and priorities list to certain congressional committees. Title XI: Natural Resource Policy - Subtitle A: General - Directs the Secretary of the Interior to conduct a study of the ecological and environmental resources that would be affected by a global climate change. Directs such Secretary and the Secretary of Agriculture to consider the relative impact on global warming of all Federal forest land management programs, including timber sales and reforestation. Directs the Secretary of Agriculture, in cooperation with the Secretary of the Interior, to report to the President and the Congress on the feasibility of a national forestation initiative. Requires the Secretary of Energy to submit to the Congress a study regarding the potential for reducing carbon dioxide emissions through targeted urban tree plantings designed to reduce air conditioning needs in buildings. Subtitle B: Tongass Timber Reform Act - Amends the Alaska National Interest Lands Conservation Act to repeal the ongoing appropriations for timber utilization in the Tongass National Forest, Alaska. Repeals the requirement for identifying lands unsuitable for timber production in such Forest. Repeals the reporting requirement on the adequacy of the timber supply from Forest lands. Requires the biennial report on such Forest to include the impact of timber management on subsistence resources, wildlife, fisheries habitats, biological diversity, the old growth rain forest ecosystem, and other specified items. Requires the southeast Alaska commercial fishing industry to be included, for cooperation and consultation, in a study of the Forest timber supply and demand. Directs the Secretary of Agriculture to terminate specified long-term timber sale contracts, and to revise the Tongass National Forest Land Management Plan of 1979 in a manner that fully protects long-term environmental and recreational concerns. Requires the Secretary to report to certain congressional committees regarding the status of such Forest Plan revision schedule. Imposes a moratorium on timber sales and harvest until the Forest Plan is completely revised and ready for implementation. Title XII: Basic Science Initiatives - Authorizes appropriations for FY 1991 through 1993 to specified Federal agencies to conduct certain climatological and ecological research. Title XIII: Development Assistance - Directs the Secretary of State, in conjunction with the Administrator of the Agency for International Development and other specified officials, to report to the Congress on the status of forest resources in tropical countries, including a forest plan with goals for each tropical country. Requires the Administrator to: (1) ensure that all financial support activities supported by U.S. bilateral foreign assistance are consistent with such plan; and (2) take into account each country's measure of success in meeting plan goals when allocating development assistance monies. Prescribes guidelines under which the Secretaries of State and of the Treasury are directed to promote multilateral tropical forestry programs and to report to the Congress regarding the progress made by each of the multilateral development banks, the United Nations Food and Agriculture Program, the United Nations Development Program, and the International Tropical Timber Organization. Directs the Secretary of Commerce to promulgate regulations within one year after the date of enactment of this Act requiring wood and products containing imported wood to bear a label disclosing the names of such wood and the countries of origin. Requires such Secretary to promulgate regulations prohibiting the importation of wood and wood products containing wood from: (1) tropical forest countries that have not achieved the forest plan goals; (2) countries that import wood or products containing wood harvested in tropical countries that have not achieved forest plan goals; and (3) countries that permit transit of wood or products containing wood harvested in tropical countries that have not achieved forest plan goals. Requires the Secretary to report annually to the Congress on the status of import controls with respect to tropical forest countries that have not achieved the forest plan goals. Amends the Foreign Assistance Act of 1961 to authorize the President to assist developing countries with research and development programs aimed at energy efficiency and energy transmission facilities in rural areas. Prohibits assistance for large-scale production of energy from fossil fuels. Prescribes guidelines under which the President is directed to provide support to aid-receiving countries with emphasis upon end use energy efficiency, least-cost energy planning, and energy conservation. Requires the President to report annually to the Congress regarding the bilateral energy program, including the progress made in reducing greenhouse gas emission. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to: (1) vigorously promote the adoption by each bank of an energy conservation and efficiency program containing specified components; and (2) oppose, except in certain instances, financial or technical assistance to any borrowing country if a least-cost energy plan prioritizing energy conservation, end use energy efficiency, and renewable energy sources is not in place. Directs the Secretary of State to instruct the Ambassador to the United Nations to: (1) vigorously encourage the United Nations Development Program implementing energy conservation and efficiency programs for recipient countries; and (2) oppose the adoption of country programs for any country for which a least-cost energy planning program giving priority to energy conservation, end use energy efficiency, and renewable energy sources is not in place. Requires the Secretary of the Treasury and the Secretary of State to report annually to the Congress regarding the progress of the multilateral development banks and the United Nations Development Program in implementing energy conservation measures. Authorizes the Secretary of the Treasury to modify the loan terms on up to one-half of the sovereign debt owed the United States by developing countries as a condition of adopting forest and energy conservation programs. Directs the Secretary to promulgate regulations implementing such environmental conservation and debt reduction program within one year after the enactment of this Act. Directs the Secretary to encourage the adoption of joint initiatives of debt reduction and conversion by the public and private sectors in member countries of the Organization for Economic Cooperation and Development. Directs the Administrator of the Agency for International Development to report biennially to the Congress regarding the status of energy conservation and efficiency for each country receiving Federal development assistance monies. Directs the Secretary of the Treasury to: (1) instruct the U.S. Executive Director to notify the staff of each multilateral development bank that future Federal contributions will be conditioned upon the successful implementation of a specified energy efficiency program; and (2) report annually to the Congress on the progress made by each multilateral development bank in implementing the energy efficiency program. Requires the Administrator of the Agency for International Development to report to the Congress regarding the options and strategies for the use of bilateral and multilateral development assistance programs sponsored by the United States to control emissions of certain greenhouse gases into the atmosphere. Title XIV: International Activities - Declares that it is the policy of the United States that the Secretary of State shall convene an international meeting in the United States by the end of 1992 to adopt a global climate protection convention with measures at least as stringent as those in this Act. Sets forth a percentage reduction schedule for emissions of specified gases. Directs the Secretary of State to: (1) initiate negotiations for the adoption of a binding multilateral agreement requiring specified reductions of nitrogen oxide emissions by 1998; (2) request and, if necessary, convene the parties to the Montreal protocol on substances that deplete the ozone layer for possible control measures reassessment; and (3) convene an international meeting to exchange information regarding nuclear safety issues, including nuclear waste disposal. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of multilateral development banks to promote lending policies which emphasize specified aspects of energy conservation, renewable energy sources, including measures for international energy cooperation, and world population reduction. Directs the Administrator of the Agency for International Development to take specified measures concerning: (1) biological diversity conservation; (2) renewable energy resources and conservation; (3) assistance to developing countries in the use of agricultural and industrial chemicals; and (4) a report to the Congress on Agency practices regarding the overseas use of renewable energy technologies. Declares U.S. policy with respect to domestic and international efforts to deal with the greenhouse effect. Requests the President to take steps to establish a long-term study of the greenhouse effect, beginning with a one-year cooperative international research program started during or before 1991. Names the year of such program the International Year of the Greenhouse Effect. Title XV: Moderating World Population Growth - Authorizes appropriations for FY 1991 through 1993 for international population and family planning assistance. Prohibits the use of such funds for: (1) involuntary sterilization; (2) abortion; or (3) the coercion of any person to accept family planning services.
United States · United States Congress · 2 February 1989
Community Revitalization Tax Act of 1989 - Amends Internal Revenue Code income tax accounting rules to treat rehabilitation investment credits and low-income housing credits as credits not derived from passive activities. Revises the limitation on the general business credit to allow a maximum annual credit equal to the first $20,000 of an individual taxpayer's income tax liability plus 80 percent of any excess liability.
United States · United States Congress · 2 February 1989
Constitutional Amendment - Declares that the Congress has the power to set reasonable limits on campaign expenditures by, in support of, or in opposition to any candidate in any primary or other election for Federal office. Declares that the States have such power with respect to State or local elections.
United States · United States Congress · 31 January 1989
Equity for Rural Hospitals Act of 1989 - Directs the Secretary of Health and Human Services to design a legislative proposal for eliminating the differences in average standardized Medicare payments (under title XVIII of the Social Security Act) to large urban, other urban, and rural hospitals by FY 1995, while recognizing appropriate cost differences among hospitals. Amends the Medicare program to provide additional payments to Medicare-dependent, small rural hospitals up to FY 1992 (when the transition to a single average standardized Medicare payment rate is required to begin), ensuring the coverage of such hospitals' reasonable operating costs for Medicare inpatient hospital services. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Includes, in the Secretary's determination as to whether a hospital is a sole community hospital, consideration of the travel time to the nearest alternative source of inpatient care and the number of patients who seek health services which are unavailable in the hospital's area. Establishes the Medicare Geographical Classification Review Board to decide on a rural hospital's application for classification as an urban hospital for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program to extend and increase authorized appropriations for such program through FY 1992, and permit the Secretary to waive the hospital grant limit. Expands, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to rural hospitals for training. Requires the Secretary to establish five-year Medicare demonstration programs covering costs incurred by five hospitals in providing clinical training to undergraduate nurses.
United States · United States Congress · 31 January 1989
Requires the Director of the Office of Management and Budget to include a reference to Easton, Pennsylvania, in the official title of the metropolitan statistical area of which it is a part.
United States · United States Congress · 31 January 1989
Postal Service Budgetary Treatment Act of 1989 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Makes the U.S. Postal Service an off-budget Federal entity.
United States · United States Congress · 25 January 1989
Declares that State prison authorities have an obligation to provide prisoners with a marketable job skill and basic literacy. Prohibits parole authorities from releasing State prisoners sentenced to two years' or more imprisonment unless the State has made reasonable efforts to meet such obligation. Directs the U.S. Attorney General to set forth regulations to carry out this Act, including a determination of what constitutes "marketable job skill" and "basic literacy." Establishes a State Prison Vocational Skills Advisory Council to advise the Attorney General. Conditions Federal assistance for State prison programs on compliance with this Act.
United States · United States Congress · 25 January 1989
Family Planning Amendments of 1989 - Amends the Public Health Service Act to remove, from provisions relating to project grants and contracts for family planning services, provisions allowing the Secretary of Health and Human Services (Secretary), at the request of a grant recipient, to reduce the amount of the grant by the value of supplies or equipment furnished by the Secretary. Authorizes appropriations for such grants and contracts for FY 1990 through 1992. Repeals existing formula grant provisions. Authorizes appropriations for FY 1990 through 1992 for technical assistance and personnel training, including clinical training for obstetric-gynecologic nurse practitioners and training for educators and counselors. States that research grants and contracts may be made for evaluation as well as for development of contraceptives, and to improve clinical management and direct delivery of family planning services. Authorizes the Secretary to conduct, make grants, and enter into contracts for applied research into the development, evaluation, and bringing to the marketplace of contraceptive devices, drugs, and methods. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary to make grants or enter into contracts for community-based information and education programs regarding sexuality, pregnancy, parenthood, and sexually transmitted diseases. Directs the Secretary to make grants and enter into contracts for the development, evaluation, and dissemination of educational and informational materials consistent with the objectives of such programs. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to collect data annually on: (1) the number of low-income and marginal-income individuals and adolescents at risk of unintended pregnancies; (2) the sources of funding available for family planning services in the United States; (3) the numbers and age, gender, race, and family income of persons who receive family planning services; and (4) the types of services chosen by individuals receiving services.
United States · United States Congress · 25 January 1989
Integrity in Post Employment Act of 1989 - Amends the Federal criminal code to revise provisions regarding former Federal employees attempting to influence the Government. Makes it unlawful, within one year after employment or service has ceased, for: (1) former senior officials to lobby their former employing agency; (2) former top level officials (Cabinet Secretaries and Deputy Secretaries) to lobby any executive or independent agency or any Member of Congress; and (3) former Members of Congress to lobby any entity of the legislative branch or any top level official of the executive branch. Prohibits any senior or top level official, within 18 months after employment has ceased, from being employed by, representing, or advising a foreign entity for compensation, financial gain, or other remuneration. Prohibits any person from acting as an agent and communicating on behalf of such former officials and Members of Congress. Includes as exceptions to such prohibitions: (1) any person who is engaging solely in the solicitation or collection of funds and contributions within the United States to be used only for medical assistance, food, or clothing to relieve human suffering; or (2) any person who is providing a statement based on that person's special knowledge, provided that no compensation is received for such statement other than that regularly provided by law for witnesses. Increases the criminal and civil penalties for violations of this Act. Prohibits the partner of a Member, officer, or employee of the legislative branch in a partnership for the provision of professional services from acting as an agent or attorney for, or otherwise representing, any other person other than the United States in lobbying activities in either House of Congress. Provides for the imposition of penalties upon any Member of Congress who: (1) affiliates with a firm, partnership, association, or corporation for the purpose of providing professional services for compensation; (2) permits the use of the Member's name by such firm, partnership, association, or corporation; or (3) practices a profession for compensation. Amends the Federal Election Campaign Act of 1971 to prohibit Members of Congress from converting excess campaign funds to their personal use. Title II: Fairness in Personal Campaign Expenditures - Amends the Federal Election Campaign Act of 1971 to prohibit any candidate for Federal office who makes expenditures from personal funds or the personal funds of the candidate's immediate family to the candidate's campaign committee, or makes a loan from such funds to such committee, from using any other contributions made after the election to such candidate or committee to repay such expenditure or loan.
United States · United States Congress · 25 January 1989
Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends the Unfair Competition Act of 1916 to allow any person who is injured in her or his property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or related importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; (2) the foreign country is providing (directly or indirectly) a subsidy with respect to the manufacture, production, or exportation of such article; and (3) such sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. (Currently, the cause of such an action is predicated on the intent of the importer to injure or prevent the establishment of U.S. industry or to monopolize trade.) Restricts the court jurisdiction of such an action to the District Court for the District of Columbia or the Court of International Trade. Entitles a prevailing plaintiff in such an action to appropriate equitable relief or, if such relief is inadequate, to compensatory damages and legal expenses (currently, treble damages and legal expenses). Declares that the standard of proof in such an action is a preponderance of the evidence. Places the burden of proof for rebutting a prima facie case on the defendant. Includes within the meaning of prima facie case a finding by the administering authority and the International Trade Commission (ITC) that dumping exists. Authorizes the court to: (1) issue subpoenas to be enforced in any judicial district; (2) enjoin importation of articles allegedly dumped pending the defendant's compliance with any court order; (3) review, in camera, confidential or privileged material; (4) accept material under seal; and (5) disclose such material. Requires expedited treatment of such actions. Sets a four-year statute of limitations for actions under this Act. Requires the foreign market value or constructed value of an article to include the amount of any subsidy provided to the manufacturer, producer, or exporter of the article. Allows any person who is injured in his or her business or property by the fraudulent, grossly negligent, or negligent entry or introduction of merchandise into U.S. commerce to bring a civil action in the District Court for the District of Columbia or the Court of International Trade, without respect to the amount in controversy. Entitles a person prevailing in such an action to appropriate equitable relief or, if such relief is inadequate, compensatory damages and legal expenses. Permits the United States to intervene in an action under this Act as a matter of right. Subjects any court order under this Act to nullification by the President pursuant to authority under the International Emergency Economic Powers Act. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade.
United States · United States Congress · 25 January 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 engaged in conduct intending that the victim be killed or lethal force be employed 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 18 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. Provides for the imposition of the death penalty for murders committed by prisoners in Federal correctional institutions. Provides for imposition of the death penalty or life imprisonment without parole for terrorist acts abroad against U.S. nationals.
United States · United States Congress · 25 January 1989
Establishes an Office of the Inspector General within the Central Intelligence Agency (CIA). Requires the President to appoint an Inspector General who shall report to and be under the supervision of only the Director of Central Intelligence. Allows the Director to prohibit the Inspector General from conducting any audit, inspection, or investigation, or from issuing any subpoena, only concerning ongoing operations and only if such action is necessary to protect vital national security interests. Requires the Director to submit a classified statement to the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence justifying such action within seven days. Permits the Inspector General to be removed from office only by the President and requires that the President immediately notify the intelligence committees in writing of the reasons for any such removal. Includes among the duties of the Inspector General: (1) to conduct inspections, investigations, and audits to assure that CIA operations are conducted efficiently and in accordance with applicable law and regulations; and (2) to keep the Director informed concerning violations, abuses, deficiencies, and corrective actions. Requires the Inspector General, in the event he is unable to resolve any differences with the Director on the execution of his duties and powers, to report such matter to the intelligence committees within seven days. Directs the Inspector General to submit a classified semiannual report on his activities to the Director, who shall transmit such report to the intelligence committees.
United States · United States Congress · 25 January 1989
National Security Reform Act - Amends the National Security Act of 1947 to prohibit the approval, conduct, or funding of covert operations (other than those intended solely for obtaining necessary intelligence) by or on behalf of the executive branch, until the President makes a finding that each such covert operation is important to national security. Requires that each finding be immediately reduced to writing and signed by the President, except that the President may make such finding orally in an emergency affecting vital U.S. interests. Requires the oral finding to be reduced to writing within 24 hours. Provides that a finding shall be effective only with respect to operations beginning after the finding was made. Requires the President to contemporaneously, but in no event later than 24 hours after the making of a written finding, inform the intelligence committees of any such finding. Allows the President to limit such notification, under extraordinary circumstances affecting vital U.S. interests, to oral notice to the chairman 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. Makes the knowing deception of the Congress, or of any committee or subcommittee, a crime punishable by imprisonment for one to five years and a fine of up to $10,000. Allows an individual to avoid liability by notifying in writing the committee or subcommittee of any violation and providing the truthful information in its place within five days.
United States · United States Congress · 25 January 1989
National Intelligence Reorganization Act - Amends the National Security Act of 1947 to establish a Director of National Intelligence (DNI) to serve as the Nation's senior intelligence officer and primary advisor to the President on foreign intelligence matters. Makes the DNI a member of the National Security Council. Frees the DNI from any duties involving the formulation of foreign policy and the implementation of special activities, except as specifically authorized by this Act. Makes the DNI responsible directly to the President and the National Security Council. Specifies the duties of the DNI, including: (1) ensuring that objective, reliable, coordinated, and timely foreign intelligence is provided to the President and officials in the executive and legislative branches; (2) developing strategy, objectives, and guidance for overseeing the intelligence community and its activities; (3) submitting to the Congress, through the President, a foreign intelligence program and budget; (4) directing foreign intelligence collection activities; (5) overseeing special activities on a periodic basis for compliance with laws and regulations; and (6) monitoring foreign intelligence program implementation, and conducting program and performance audits and evaluations. Provides that the positions of Director and Deputy Director of the Central Intelligence Agency (CIA) may not be occupied simultaneously by individuals not having previously served in career positions in the intelligence community. Sets the term of service of the Director at seven years. Prohibits the Director from being reappointed and permits his removal by the President only for cause. Revises the duties of the CIA to be performed under the management direction of the Director of the CIA, so as to include: (1) collecting, producing, and disseminating foreign intelligence and counterintelligence, and coordinating the collection of such data inside the United States with the Federal Bureau of Investigation and outside the United States with other agencies; (2) conducting counterintelligence activities; (3) conducting special activities approved by the President (current law does not explicitly authorize special activities); and (4) protecting the security of its installations, activities, property, and employees. Repeals provisions concerning the appointment of a commissioned officer of the armed forces as Director of the Intelligence Community staff.
United States · United States Congress · 25 January 1989
Directs the Federal Bureau of Prisons, upon application of a State, to accept custody of convicts who are sentenced to life imprisonment under State habitual criminal statutes, to the extent that space is available in the Federal prison system.
United States · United States Congress · 25 January 1989
National Violent Crime Program Authorization Act, Fiscal Year 1990 - Establishes the National Violent Crime Program for the detection, investigation, apprehension, prosecution, and incarceration of individuals involved in violent crime activity and drug trafficking. Authorizes appropriations for construction and remodeling of correctional facilities, the Office of Justice Assistance, and other prevention and law enforcement activities.
United States · United States Congress · 25 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the benefit levels of individuals becoming eligible for benefits in or after 1979 so that they are equal to the benefit levels of individuals who became eligible for benefits before 1979.
United States · United States Congress · 25 January 1989
Disapproves the recommendations of the President relating to pay rates of Members of Congress, Federal judges, and Federal officials. Provides that if the date of enactment of this resolution is on or after February 8, 1989, then the rate of pay for positions increased by the recommendations shall be the rate of pay in effect before such recommendations took effect. Amends the Federal Salary Act of 1967 and the Legislative Reorganization Act of 1946 to require a recorded vote on any increase in the rates of pay of Members of Congress.
United States · United States Congress · 25 January 1989
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 25 January 1989
Disapproves the recommendations of the President relating to pay rates of Members of Congress, Federal judges, and Federal officials. Provides that if the date of enactment of this resolution is on or after February 8, 1989, then the rate of pay for positions increased by the recommendations shall be the rate of pay in effect before such recommendations took effect. Amends the Federal Salary Act of 1967 and the Legislative Reorganization Act of 1946 to require a recorded vote on any increase in the rates of pay of Members of Congress.
United States · United States Congress · 12 October 1988
Hazardous Materials Rail Transportation Safety Act of 1988 - Directs the Secretary of Transportation to issue regulations regarding emergency response procedures for rail carriers in accident or emergency situations involving the transportation and storage of hazardous materials. Prescribes the contents of such requirements, including a prohibition on the use of railroad tank cars built before November 6, 1971, in hazardous materials transportation unless they meet all safety and design requirements imposed by the Secretary. Directs the Secretary to enter into a contract with the National Academy of Sciences for a study of railroad tank car design, and to report the results of such study to the Congress. Requires the Secretary to promulgate regulations requiring training courses, certified by the Secretary, to be given by any person engaged in hazardous waste transportation. Directs the Federal Railroad Administration (the Administration) to increase the number of inspections it conducts on trains, tracks, and bridges used in connection with hazardous materials transportation. Mandates that each train carrying hazardous materials be inspected by Administration inspectors at its point of origin. Prescribes an inspection schedule for track and major signal systems associated with hazardous materials shipments. Requires the Secretary to employ and maintain a specified additional number of safety inspectors to implement the inspections required by this Act and to focus their activities upon the transportation of high-level nuclear waste and spent fuels (with remaining time spent upon the transportation of all other hazardous materials). Requires the Administration to hire one professional engineer to specialize in the development of improved tank car specifications, regulations, and inspections. Amends the Hazardous Materials Transportation Act to impose criminal penalties upon persons who deface or remove hazardous materials transportation placards. Directs the Administration to inspect bridges on hazardous materials transportation routes, and to assess the current condition of bridges nationwide to determine if bridge safety regulations are needed. Authorizes appropriations.
United States · United States Congress · 5 October 1988
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. Waives the requirement for a presentence report when a defendant is found guilty of or pleads guilty to an offense for which the sentence provided is 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 evidence 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 engaged in conduct intending that the victim be killed or that lethal force be employed against the victim, which resulted in the victim's death; or (4) intentionally engaged in conduct which he knew would create a grave risk of death to a person and resulted in the victim's death. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, attempted murder of the President, and murder committed by a Federal prisoner. 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. Prohibits the death penalty from being carried out upon a person who is under 18 years old at the time of the crime or who is unable to understand his impending death because of a mental disease or defect. 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 certify that consideration of such factors was not involved in his decision. 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 findings of aggravating factors, together with or the failure to find any mitigating factors. Requires the court to provide a written explanation of its determination. Requires the court to appoint counsel for any defendant who is or becomes financially unable to obtain representation. States that no State or Federal prison employee shall be required to participate in any execution if such participation is contrary to the moral or religious convictions of the employee. Sets forth the procedure for implementing the death penalty under this Act. Prohibits the sentence of death from being carried out upon a pregnant woman. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; and (2) murders resulting from terrorist acts abroad against U.S. nationals.
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 · 23 September 1988
Amends the United States Institute of Peace Act to provide a permanent authorization of appropriations for the United States Institute of Peace. Repeals a provision prohibiting the use of Federal funds to pay for private fringe benefit programs.
![Official portrait of Sen. Specter, Arlen [R-PA]](https://www.congress.gov/img/member/s000709_200.jpg)