United States · United States Congress · 23 March 1988
Omnibus Antidrug Abuse Act of 1988 - Title I: Drug Enforcement and Personnel Enhancement - Subtitle A: Asset Forfeiture Fund Amendments Act of 1988 - Department of Justice and Department of Treasury Assets Forfeiture Fund Amendments Act of 1988 - States that receipts and disbursements out of the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund: (1) shall not be included in the totals of the Federal or congressional budget; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending of the Government; and (3) shall not be included for purposes of calculating the deficit. States that the Department of Justice and the U.S. Customs Service, with respect to receipts and disbursements from such funds, shall be considered off-budget Federal entities. States that amounts to be disbursed out of such funds shall not be subject to limitation by appropriations Acts. Amends the Tariff Act of 1930 to provide that the Customs Forfeiture Fund shall be available to the U.S. Customs Service permanently. Authorizes the transfer of funds from the Department of Justice Assets Forfeiture Fund to the Building and Facilities account of the Federal prison system for the construction of correctional institutions, and to the Support of United States Prisoners in non-Federal Institutions account of the Department of Justice. Allows the Attorney General, with respect to the DOJ Assets Forfeiture Fund, and the Commissioner of Customs, with respect to the Customs Forfeiture Fund, to exempt the procurement of supplies and services under such funds if necessary to maintain the security and confidentiality of related criminal or civil investigations. Amends the Controlled Substances Act to require the Attorney General to ensure the equitable transfer of forfeited property to the appropriate State and local law enforcement agency or prosecutor's office. Subtitle B: State and Local Narcotics Control Assistance Act of 1988 - Part A: Establishment of the Bureau of Justice Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to: (1) develop an annual State and Local Strategic Drug Control Plan; and (2) publish and disseminate information on the condition and progress of drug control activities. Requires the Bureau to: (1) coordinate Federal, State, and local government efforts toward a national drug control strategy; (2) serve as the coordinating Federal agency with respect to the submission of State and local applications for grant-in-aid programs under the Antidrug Abuse Act of 1986; and (3) maintain a liaison with Federal agencies having drug control authority. Part B: Drug Control Formula Grant Program - Authorizes the Bureau to make grants to States having approved statewide drug control strategies for: (1) Zero Tolerance Enforcement Programs that effect heightened public awareness of and support for local drug control enforcement projects; (2) Multi-Jurisdictional Task Force Programs; (3) Drug Control Law Enforcement Training Programs; (4) Multi-Jurisdictional Intelligence and Data Sharing Programs; (5) Judicial Drug Control Training Programs; (6) Prison Treatment Programs; (7) Drug Treatment for Youthful Offenders Programs; and (8) Statewide and National Intelligence Systems Programs. Requires the executive officer of each participating State to designate a State drug control office to: (1) prepare applications to obtain funds under this Program; and (2) administer such funds. Requires the chief executive officer of each participating State to maintain a State Drug Control Board to: (1) analyze the drug control problems within the State; (2) prepare a statewide drug control strategy; (3) receive, review, and approve (or disapprove) applications from State agencies and units of local government; (4) prepare annual reports containing assessments of the State drug control program; and (5) assure fund accountability, auditing, and evaluation of programs and projects funded under the Program. Permits the establishment of local drug control offices to prepare and coordinate drug control strategies and implement the provisions of this Act at the local level. States that each jurisdiction which is eligible to have a local drug control office shall establish local drug control boards to: (1) analyze the drug control problem within that jurisdiction; (2) prepare a jurisdiction-wide drug control strategy; (3) receive, review, and approve (or disapprove) applications from units of local government; and (4) prepare annual reports containing assessments of the drug control program. Directs the Bureau to establish a National Drug Control Assistance Coordination Board to provide for the representation of drug control agencies at the Federal, State, and local levels for the purpose of articulating national drug control priorities, programs, and resource needs. Sets forth: (1) State application procedures under the Program; (2) certain limitations on the use of Program funds for administrative expenses; and (3) procedures for the allocation and distribution of Program funds. Part C: Drug Control Discretionary Grant Program - Authorizes the Bureau to develop programs and make grants to public agencies and private nonprofit organizations for technical assistance, training, and national scope and demonstration projects in support of any of the purposes specified in part B of this subsection (Drug Control Formula Grant Program), and any purpose specified in the strategic drug control plan developed by the Bureau. Sets forth application requirements with respect to such program and procedures for the allocation and distribution of program funds. Provides that grants under this program shall be for a period not to exceed three years (may be extended for up to two years under certain circumstances). Part D: Targeted State and Local Strategic Drug Control Plan - Requires the Bureau to complete an annual National Strategic Drug Control Plan which targets the most critical drug control problems that are most effectively resolved at the State and local levels. Part E: Miscellaneous Amendments to Justice Assistance Act of 1984 - Allows Criminal Justice Facility Construction grants to cover 80 percent of the estimated costs of approved construction. (Current law allows such grants to cover 20 percent of such costs.) Part F: Administrative Provisions - Authorizes the Bureau to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subtitle. Directs the Bureau to prepare a "Program Brief" and an "Implementation Guide" for each of the programs and projects contained in the formula grant programs. States that the functions, powers, and duties specified in this subsection to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically authorized by the Congress. Allows the Bureau to arrange with and reimburse other Federal departments and agencies for the performance of functions under this subtitle only if the funds are to benefit the units of State and local government. Sets forth program and project evaluation and reporting requirements. Part G: Funding - Authorizes appropriations for FY 1989 through 1991 to carry out the grant programs authorized under this subtitle. Authorizes appropriations for FY 1989 for salaries and expenses of the Bureau. Part H: Relationship with the Justice Assistance Act of 1984 - Directs the Bureau to administer any funds available to it under the Omnibus Crime Control and Safe Streets Act of 1968 in such a manner as to compensate for the increase in cases resulting from apprehensions and accelerated prosecutions of persons accused of drug trafficking, possession, and related offenses. Encourages State and local jurisdictions to participate in funding under this Act. Subtitle C: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act to establish recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle D: Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the basic level of public safety officer death benefits. Removes the requirement that parent beneficiaries be dependents of the deceased officer. Establishes the National Advisory Commission on Law Enforcement to study the methods and rates of compensation of law enforcement officers. Requires the Commission to report the results of such study to the President and the Congress within six months of enactment of this Act. Subtitle E: Deportation of Convicted Foreign Drug Inmates - Violent Criminal Alien Deportation Act - Allows the Attorney General to order the deportation of any alien convicted of an aggravated violent felony. Allows the District Director of the Immigration and Naturalization Service for the district in which the alien was sentenced and convicted to issue the order of deportation on behalf of the Attorney General. Sets forth procedures for the appeal of such a deportation order. Subtitle F: Customs Enforcement Amendments Act of 1988 - Customs Enforcement Amendments Act of 1988 - Requires the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements prescribed by the Secretary of Commerce. Establishes civil penalties for violations of such requirements. Increases the penalties for failing to declare controlled substances brought into the United States. States that a declaration of forfeiture by a customs officer shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a U.S. District Court. Provides that title in such forfeited property shall be deemed to vest in the United States free of any liens or encumbrances (with certain exceptions). Allows the Secretary of the Treasury to retain forfeited property for official use. Allows the Secretary to transfer forfeited property to any Federal agency, to any State or local law enforcement agency, or to any foreign government that cooperates with the U.S. Customs Service in joint enforcement operations. States that any person who is convicted of a criminal offense under any law administered or enforced by the Customs Service involving the Bank Secrecy Act, Money Laundering Act, or the Controlled Substances Act shall be fined the reasonable costs of the investigation and prosecution. Authorizes the Secretary of State to make regulations prescribing procedures for marking the passports of those convicted of controlled substances offenses. Provides for the revocation of the passports of those convicted of a controlled substances violation, or any criminal violation of the Bank Secrecy Act or the Money Laundering Act. Establishes procedures for the reissuance of such passports. Grants the Secretary of the Treasury certain powers (including the power to subpoena witnesses and compel their testimony) which are necessary to the enforcement of laws relating to the importation or exportation of prohibited merchandise. Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to include in the definition of "racketeering activity" acts relating to: (1) the illegal exportation of munitions; (2) the illegal exportation of merchandise; (3) criminal violations of the Trading With the Enemy Act; or (4) criminal sanctions under the International Emergency Economic Powers Act. Amends the Federal Aviation Act of 1958 to provide civil penalties for failing to report the transfer of ownership of an aircraft to the Secretary as required under such Act. Subjects such aircraft to seizure and forfeiture. Subtitle G: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes additional appropriations for FY 1989 for the: (1) Coast Guard for drug enforcement personnel; (2) U.S. Customs Service for drug enforcement personnel; (3) Immigration and Naturalization Service Border Patrol for drug interdiction personnel; (4) Immigration and Naturalization Service for criminal investigation personnel, and for the Organized Crime Drug Enforcement Task Force in New York City; (5) Bureau of Alcohol, Tobacco, and Firearms; (6) Drug Enforcement Administration; (7) Federal Bureau of Investigation (FBI) for drug enforcement personnel; (8) U.S. Marshals Service; (9) Federal Prison System; and (10) U.S. Attorneys. Subtitle H: Miscellaneous Law Enforcement Provisions - Authorizes rewards to be paid for assisting in, or furnishing information which leads to, the capture of an escaped Federal prisoner or a person who has violated parole or probation or defaulted on bail bond. Makes it unlawful for any person to carry a dangerous weapon into a Federal courthouse. Authorizes the Attorney General to make payments for the support of U.S. prisoners in non-Federal institutions. Authorizes appropriations for FY 1989 through 1991 for the President's Media Commission on Alcohol and Drug Abuse Prevention. Title II: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: International Drug Eradication Improvement Program - Establishes within the Department of State, under the Office of International Narcotics Matters, an International Special Operations Drug Eradication Squadron to: (1) provide special assistance to drug source countries who request drug eradication assistance; and (2) participate in joint international drug eradication operations in drug source countries. Authorizes appropriations for FY 1989 for the International Narcotics Matters program at the Department of State for the procurement and maintenance of aircraft and for Squadron personnel. Directs the Secretary of State to establish guidelines and procedures to govern the deployment of the Squadron. Subtitle B: International Narcotics Matters Improvement and Special Assistance Programs - Establishes under the Agency for International Development (AID) a special economic assistance incentive grant program to provide assistance to drug source countries that meet specific eradication goals during FY 1989, 1990, and 1991. Sets forth grant eligibility requirements. Authorizes appropriations for FY 1989 through 1991 for AID. Requires the Comptroller General of the United States to monitor such program. Requires the Attorney General, the Director of AID, and representatives of the House and Senate to meet at the start of FY 1991 to consider whether such program should be continued beyond FY 1991. Subtitle C: Amendments to Foreign Assistance Act of 1961, as Amended - Amends the Foreign Assistance Act of 1961 to list additional factors to be considered by the President when determining whether to certify that a foreign country is cooperating with the United States in its international narcotics control efforts. Subtitle D: International Narcotics Matters Authorization of Appropriations - Authorizes appropriations for FY 1989 and 1990 for the economic assistance incentive grant program. Earmarks specified amounts of FY 1989 and 1990 appropriations for: (1) developing safe and effective herbicides for use in the aerial eradication of coca; (2) the procurement of weapons to defend aircraft involved in narcotics control efforts; and (3) pilot and aircraft maintenance training for narcotics control activities. Provides that funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking may be reallocated to countries which take such steps. Lists additional requirements (regarding coca production, possession, and distribution) which must be met by Bolivia before receiving FY 1989 assistance. Limits FY 1989 and 1990 international narcotics control assistance for Mexico. Withholds $1,000,000 of such assistance until Mexico has fully investigated (and prosecuted those responsible for) the murder, detention, and torture of certain Drug Enforcement Administration (DEA) agents. Directs the Assistant Secretary of State for International Narcotics Matters to provide more narcotics control assistance to those drug-transit countries which are not "major drug-transit countries" and which are cooperating with the United States in its international narcotics control efforts. Authorizes additional funding for activities aimed at increasing awareness of the efforts of production and trafficking of illicit narcotics in source and transit countries. Directs the Secretary of State and the Attorney General to develop a model extradition treaty with respect to narcotics-related violations, a model legal assistance treaty, and model comprehensive anti-narcotics legislation. Subjects any transfer by the United States of property seized or forfeited in connection with narcotics-related activities to a foreign country for narcotics control purposes to the regular reprogramming procedures applicable under the Foreign Assistance Act of 1961. Requires that the annual narcotics control reports include: (1) a description of the assistance provided by the DEA and the Customs Service to each country; (2) a description of the assistance provided by each country to the DEA and Customs Service; (3) an expression, in numerical terms, of achievable reductions in illicit drug production; and (4) a description of U.S. assistance denied to each major illicit drug producing and drug-transit country. Subtitle E: Latin American Antidrug Strike Force - Expresses the sense of the Congress that: (1) the operations of international illegal drug smuggling organizations pose a threat to the national security of the member states of the Organization of American States (OAS); (2) illegal international drug smuggling organizations threaten to overwhelm small nations; (3) members of OAS should coordinate their efforts to fight the illegal drug trade; (4) the formation of a multinational strike force to conduct operations against illegal drug smuggling organizations is necessary; (5) the United States should initiate diplomatic discussions to achieve an agreement to establish and operate the Latin American Antidrug Strike Force; and (6) the United States stands ready to provide equipment, training, and financial resources to support the Strike Force, but believes that Strike Force personnel should be provided by those states facing the most serious threat. Establishes the position of Ambassador at Large and Coordinator for Western Hemisphere Antidrug Efforts to: (1) coordinate the efforts of all U.S. bureaus and agencies involved in antidrug efforts; (2) report to the Secretary and to the Chairman of the National Drug Policy Board on the effectiveness of the operations and level of cooperation of such bureaus and agencies; (3) be a member of all interagency groups with authority or oversight over U.S. international drug policy or operations; (4) undertake diplomatic discussions with OAS members regarding the formation of a multinational strike force intended to conduct operations against international illegal drug trafficking organizations in the Western Hemisphere; and (5) seek to secure participation in the strike force by those Western Hemisphere states most threatened by international illegal drug trafficking organizations. Directs the Secretary to report to specified congressional committees on the progress made toward establishing the multinational strike force. Requires the Secretary of Defense to develop a plan for the establishment, training, equipping, and operation of the multinational strike force. Title III: Drug Interdiction Asset Improvement and Enhancement - National Drug Interdiction Asset Improvement and Enhancement Act of 1988 - Subtitle A: Coast Guard - Authorizes appropriations for FY 1989 for the Coast Guard for the procurement of marine and air drug interdiction assets. Subtitle B: United States Customs Service - Authorizes appropriations for FY 1989 for the U.S. Customs Service for the procurement, operation, and maintenance of certain drug interdiction assets. Subtitle C: Department of Defense Drug Interdiction Assistance - Department of Defense Drug Interdiction Assistance Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Defense for the enhancement of drug interdiction assistance activities. Subtitle D: Drug Enforcement Administration - Authorizes appropriations for FY 1989 for the DEA for the establishment of an International Drug Interdiction helicopter force and for the enhancement of the El Paso Intelligence Center. Subtitle E: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the Department of Justice for the procurement of drug interdiction-related equipment for Border Patrol drug enforcement personnel. Subtitle F: Establishment of Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force - Establishes an Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force to: (1) conduct a joint drug interdiction operation between ports of entry along the southwest border of the United States, from Texas to California; (2) assist and augment other law enforcement agencies along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers; and (3) assist State and local law enforcement officials along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers. Authorizes appropriations for FY 1989 for the Department of Justice for such task force. Subtitle G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subtitle H: Special Drug Interdiction Support - Authorizes appropriations for FY 1989 for Puerto Rico, Jamaica, the Dominican Republic, and Hawaii for special drug interdiction support. Requires the recipients of special drug interdiction assistance to submit periodic reports to the Congress regarding the status of the procurement of resources and related operation and maintenance expenditures authorized under this subtitle. Title IV: Demand Reduction - Subtitle A: Treatment and Rehabilitation - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to establish drug abuse demonstration projects for the treatment and rehabilitation of drug dependent offenders who could otherwise be subject to incarceration. Authorizes appropriations for FY 1989 through 1991 to carry out such projects. Subtitle B: Alcohol and Drug Abuse Treatment and Rehabilitation - Alcohol and Drug Abuse Treatment and Rehabilitation Improvement Act of 1988 - Authorizes appropriations for FY 1989 through 1991 for the basic Alcohol, Drug Abuse and Mental Health Block Grant Program. Requires that at least 49 per cent of such appropriations be made available for alcohol and drug abuse programs. Authorizes appropriations for FY 1989 through 1991 for substance abuse emergency drug treatment programs to be targeted to those States and communities where the substance abuse problem is most acute. Requires that all States eligible to receive basic and emergency Alcohol, Drug Abuse, Mental Health Block Grants develop Statewide substance abuse treatment facilities plans. Allows such States to expend up to 1.5 percent of their grants to develop and prepare such plans, and up to 40 per cent of such grants to acquire, construct, or renovate such facilities. Subtitle C: Amendments to the Drug-Free Schools and Communities Act - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Makes technical amendments to such Act with respect to eligibility, application, and reporting requirements. Title V: National Drug Enforcement Agency Reorganization and Coordination - Subtitle A: Establishment of Office of Enforcement and Border Affairs in Department of Treasury - National Border Coordination and Reorganization Act of 1988 - Part A: Establishment and Officers - Establishes within the Department of the Treasury the Office of Enforcement and Border Affairs, which shall consist of: (1) the Office of the Assistant Secretary of the Treasury for Enforcement; and (2) the Coast Guard. Provides that the Office of Enforcement and Border Affairs shall be headed by the Under Secretary of the Treasury for Enforcement and Border Affairs. Establishes within the Office of Enforcement and Border Affairs: (1) the Office of Border Management Affairs, which shall be headed by the Assistant Secretary of the Treasury for Border Management Affairs; and (2) the Office of Narcotics Interdiction, which shall be headed by the Assistant Secretary of the Treasury for Narcotics Interdiction. Part B: Transfer of the Coast Guard to Office of Enforcement and Border Affairs - Transfers the Coast Guard from the Department of Transportation to the Office of Enforcement and Border Affairs of the Department of the Treasury. Subtitle B: Department of Defense Drug Interdiction Reorganization - Establishes within the Office of the Assistant Secretary of Defense for International Security Affairs the position of Deputy Assistant Secretary of Defense for International Drug Interdiction and Enforcement to supervise Department of Defense drug interdiction and enforcement activities. Subtitle C: Establishment of a Senate Select Committee on Narcotics Abuse and Control - Establishes the Senate Select Committee on Narcotics Abuse and Control which shall have the authority to: (1) conduct a comprehensive study and review of the problems of narcotics abuse and control; and (2) review any recommendations made by the President, or any Federal department or agency, relating to programs or policies affecting narcotics abuse or control. Authorizes appropriations for FY 1989 through 1991 for salaries and expenses of such Committee. Sets forth Committee reporting requirements. Title VI: Research and Development for Law Enforcement Agencies - Subtitle A: Establishment of New Research and Development Programs to Assist Federal Law Enforcement Agencies - Directs the Attorney General to establish a Research and Technology Group under the National Drug Policy Board to review the research, development, technology, and evaluation programs of the Department of Defense and development programs of other nondefense Federal agencies to assist their applicability to the operations, programs, and missions of the Federal law enforcement agencies. Directs the Attorney General to establish a Research, Technology and Acquisition Advisory Board to make recommendations to the National Drug Policy Board through the Research and Technology Group. Requires the President to designate and establish within existing facilities of the Department of Defense, the Department of Justice, the Department of Energy, the National Security Agency, and the Central Intelligence Agency, at least eight new National Technology Centers to develop technologies for application to Federal law enforcement missions. Redesignates certain existing Government facilities as National Technology Development Centers. Requires the Comptroller General of the United States to monitor the establishment of such centers. Subtitle B: Cargo Container Drug Detection Research and Development - Authorizes appropriations for FY 1989 for the U.S. Customs Service for accelerating the development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection of illegal narcotics in cargo containers entering the United States. Title VII: Drug Enforcement Training Improvement - Subtitle A: The Federal Law Enforcement Training Center Improvement Act of 1988 - Federal Law Enforcement Training Center Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center to increase the level of drug enforcement training. Authorizes appropriations for FY 1990 and 1991 for the Federal Law Enforcement Training Center. States that support for the State and local law enforcement training program and the training programs for drug enforcement officers from foreign countries shall be maintained at no less that the FY 1989 level during such years. Directs the Secretary of the Treasury to expand the advanced training programs for Federal law enforcement agencies at the Marana, Arizona, satellite facility of the Federal Law Enforcement Training Center. Requires the Secretary to submit reports to the appropriate congressional committees on such expansion. Subtitle B: Department of Justice Training Facilities Improvement Act of 1988 - Department of Justice Training Facilities Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Justice for existing law enforcement training facilities. Authorizes appropriations for FY 1989 for the expansion of such facilities and for new Department training facilities. Directs the Attorney General to report to the appropriate congressional committees on plans for improving such facilities. Subtitle C: Federal Law Enforcement Language Training Improvement Act of 1988 - Authorizes the Department of Defense to provide foreign language training at the Defense Language Institute to special agents of Federal civilian agencies involved in drug law enforcement. Authorizes the Department of State to provide similar training at the Foreign Service Institute. Authorizes the Drug Enforcement Administration, the Customs Service, and the Immigration and Naturalization Service to: (1) detail investigative personnel to such Institutes; and (2) reimburse the Departments of Defense and State for the cost of such training. Authorizes appropriations for the Customs Service, the Drug Enforcement Administration, and the Immigration and Naturalization Service for such training. Subtitle D: Authorization of Appropriations for Special Training Centers - Authorizes appropriations for FY 1989 for the Bureau of Justice Assistance for the establishment of a national training center in El Reno, Oklahoma, for the training of Federal, State, and local prison officials in drug rehabilitation programs. Establishes the National Advisory Panel on Prison Rehabilitation Programs to oversee the operation of such center. Title VIII: Drug Testing in the Private Sector - Prohibits any employer who engages in interstate commerce or in the production of goods for commerce, based upon a drug test administered to an applicant or employee (unless the drug test is conducted in a laboratory which meets specified requirements) from: (1) refusing to hire an applicant for employment; (2) taking adverse action against an employee; or (3) discharging an employee. Subjects any employer who takes such prohibited actions to civil penalties. Title IX: Congressional Policy Regarding Additional Funding for Fiscal Year 1989 for Antidrug Abuse Programs - States how the levels of new budget authority and outlays required to carry out the programs, activities, and initiatives contained in this Act shall be accommodated in the budget process. Title X: Funding; Accounts - Subtitle A: Offsetting Revenue and Savings to Cover the Cost of the Act - Authorizes appropriations for FY 1989 for the Internal Revenue Service for: (1) processing tax returns; (2) examination and appeals; and (3) investigations, collections, and taxpayer service. Authorizes appropriations for FY 1989 for the Bureau of Alcohol, Tobacco, and Firearms to increase the number of special occupational tax enforcement and collection personnel. Establishes in the Department of the Treasury the position of Under Secretary of the Treasury for Debt Collection and Credit Management who shall be responsible for: (1) advising the President with respect to Federal credit management and debt collection policy; (2) providing leadership, direction, guidance, and monitoring of the executive agencies in credit management and debt collection and related financial reporting; (3) reviewing executive agency credit management and debt collection plans and policies; (4) preparing comprehensive debt collection and credit management plans; and (5) promulgating regulations to carry out this subtitle. Sets forth minimum guidelines with respect to such credit management and debt collection plans and policies. Requires the Comptroller General to submit a report to the Congress containing an analysis of the Under Secretary's comprehensive debt collection and credit management plans. Directs the Secretary of the Treasury to establish Federal credit management policies and promulgate regulations implementing this subtitle. Directs the Secretary to prescribe minimum requirements for contracts for all loans or loan guarantees governed by this subtitle. Establishes debt collection goals for FY 1989. Directs the Secretary to establish debt collection targets for Federal agencies. States that agencies which exceed their debt collection targets by a certain amount shall receive additional funding for that fiscal year. States that agencies which fail to meet their targets shall have their funding reduced. Directs the Secretary to promulgate regulations which prescribe standards for use by executive agencies in developing proposals for debt collection targets. Establishes an Antidrug Abuse Trust Fund. Provides for the transfer of certain taxes to the Trust Fund account.
United States · United States Congress · 18 March 1988
American Heritage Trust Act of 1988 - 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 to provide for the preservation of the Nation's recreational areas. 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. Repeals a specified section concerning publicity and signing provisions. 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. 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.
United States · United States Congress · 14 March 1988
Declares that the President should: (1) posthumously award the Presidential Medal of Freedom to Charles E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their efforts to document the Afghan struggle for freedom; and (2) present the award to those individuals' families on March 21, 1988, the start of the new year in Afghanistan.
United States · United States Congress · 3 March 1988
Prohibits the importation of any products of Panama. Prohibits the exportation to Panama of any U.S. goods or technology, except for medicine and humanitarian assistance. Requires the President to notify the Government of Panama that he will order the revocation of the rights of any air carrier to provide service pursuant to any aviation agreement between the United States and Panama. Requires the President to direct the Secretary of Transportation to: (1) revoke such rights; (2) refuse to permit any U.S. air carrier to provide service between the United States and Panama; (3) prohibit the landing in the United States of any foreign air carrier owned by the Panamanian Government or any aircraft of a foreign air carrier that has taken off from Panama within the preceding 48 hours; and (4) prohibit the takeoff and landing in Panama of any aircraft of any air carrier owned or controlled by a U.S. national or corporation. Allows exceptions to such prohibitions in emergency situations. Prohibits any depository institution from transferring any funds to any financial institution located in, or organized under the laws of, Panama. Suspends the sanctions required by this Act for any period during which the President certifies to the Congress that progress toward genuine democracy has been achieved in Panama. Specifies that nothing in this Act shall be deemed to affect the status of the 1977 Panama Canal Treaty or related agreements, or the 1977 Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal.
United States · United States Congress · 3 March 1988
Expresses the sense of the Senate that the Sergeant at Arms, in exercising authority to compel the attendance of absent Senators pursuant to rule VI of the Standing Rules of the Senate, should comply with certain conditions in the execution of arrest warrants.
United States · United States Congress · 2 March 1988
Disapproves the President's certification for U.S. assistance to Mexico under provisions of the Foreign Assistance Act of 1961 relating to countries that fail to take adequate measures to prevent narcotic drugs and other controlled substances from being sold illegally within the jurisdiction of such country to U.S. Government personnel or from entering the United States unlawfully.
United States · United States Congress · 1 March 1988
Expresses the sense of the Senate that: (1) the proposed loan by the International Bank for Reconstruction and Development for Mexico's steel industry is not in the best interests of the United States or in the best interests of Mexico's economic revitalization; and (2) the United States should use its best efforts to prevent approval of such loan.
United States · United States Congress · 29 February 1988
Extends through FY 1992 the authority of the Veterans Administration to contract for drug and alcohol treatment and rehabilitation services in halfway houses and certain other community-based facilities.
United States · United States Congress · 26 February 1988
Expresses the opposition of the Senate to the continued control of the cathedral in Vilnius, Lithuania, by the Soviet Union. Calls upon the President, the Secretary of State, and Members of Congress visiting the Soviet Union to raise the issue of the cathedral's return to the Roman Catholic Church in meetings with Soviet officials. Urges U.S. representatives to speak out forcefully for such a return at international human rights forums. Voices the House of Representatives' support to the Lithuanian people in their efforts to secure basic religious freedoms and the return of the cathedral. Urges the Soviet Government to allow Roman Catholics to worship at the cathedral and to return it to Roman Catholic Church control before the end of 1988.
United States · United States Congress · 24 February 1988
Expresses the sense of the Senate that: (1) funding for Amtrak should be continued at a level that will enable it to continue to operate a national railway system and to continue to improve its financial performances and service levels; and (2) the Secretary of Transportation and the Administrator of the Federal Railroad Administration should work with Amtrak management to lower Amtrak's dependence on public funding and to assign the highest priority possible to safety.
United States · United States Congress · 19 February 1988
FBI Inspector General Act of 1988 - Amends the Inspector General Act of 1978 to provide for an Office of Inspector General in the Federal Bureau of Investigation under the authority, direction, and control of the Director of the Federal Bureau of Investigation.
United States · United States Congress · 4 February 1988
Child Protection and Obscenity Enforcement Act of 1988 - Title I: Child Pornography - Amends the Federal criminal code to make it illegal to use a computer to transport information in interstate or foreign commerce concerning the visual depiction of minors engaging in sexually explicit conduct (child pornography). Establishes criminal penalties for buying, selling, or transferring the custody of a minor: (1) knowing that, as a consequence of the sale or transfer, the minor will be used in child pornography; or (2) with the intent to promote child pornography. States that such sale or transfer must involve: (1) the minor or other actor traveling in interstate or foreign commerce; (2) communications in interstate or foreign commerce; or (3) conduct in a territory or possession of the United States. Requires any person who produces a book, magazine, periodical, film, videotape, or other matter which contains any visual depiction of sexually explicit conduct (which is shipped or intended for shipment in interstate or foreign commerce, or contains material shipped in interstate or foreign commerce) to maintain certain records regarding the performers portrayed in such conduct. Directs the Attorney General to issue regulations regarding the maintenance and availability of such records. Includes the sexual exploitation of children as a predicate offense to the Racketeer Influenced and Corrupt Organizations (RICO) statute. Title II: Obscenity - Makes it a Federal criminal offense to receive or possess, with the intent to distribute, obscene matter which has been transported in interstate or foreign commerce. Makes it a Federal criminal offense to knowingly use a facility or means of commerce to sell or distribute obscene matter in interstate or foreign commerce. Establishes a rebuttable presumption, with respect to Federal criminal offenses involving obscene matter, that obscene matter produced in one State (or outside the United States) which is subsequently located in another State (or in the United States) was transported, shipped, or carried in interstate (or foreign) commerce. Establishes criminal and civil forfeiture procedures with respect to Federal offenses involving obscene material and child pornography. Includes communications by means of cable or subscription television within the prohibition against broadcasting obscene language. Amends the Communications Act of 1934 to modify the penalty provisions of such Act with respect to obscene telephone communications. Amends the Federal criminal code to establish criminal penalties for the possession or sale of obscene matter on Federal property. Adds obscenity offenses to the list of crimes for which the Government may obtain wiretaps.
United States · United States Congress · 4 February 1988
Authorizes the Vietnam Women's Memorial Project, Inc., to construct a statue of a woman Vietnam veteran within the Vietnam Veterans Memorial site in Washington, D.C., to honor and recognize the women of the U.S. armed forces who served in the Vietnam conflict. Subjects the location and design of the statue to approval by the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Expresses the sense of the Congress that: (1) the addition of the statue is well within the intent of the law authorizing the establishment of the Memorial; and (2) after the addition of such statue, such Memorial will be complete and no further additions to the site should be authorized or undertaken.
United States · United States Congress · 4 February 1988
Expresses the sense of the Senate that the President should: (1) report to the Congress his intention to initiate negotiations on a new long-term agricultural trade agreement with the Soviet Union; (2) seek to include in the terms of such agreement specified provisions concerning the purchase of U.S. agricultural goods by the Soviet Union; (3) no later than May 30, 1988, report to the Congress on the impact of such agreement on U.S. economic growth and agriculture-related employment; and (4) take appropriate measures to assure the free movement of increased quantities of U.S. agricultural products to the Soviet Union.
United States · United States Congress · 2 February 1988
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1988, as Baltic Freedom Day. Authorizes and requests the President to submit the issue of the Baltic Republics to the United Nations.
United States · United States Congress · 1 February 1988
Amends the Solid Waste Disposal Act to regulate above ground petroleum storage tanks. Requires tank owners to notify State or local authorities of the existence of such tank, specifying the age, size, type, location, assembly history, and uses of the tank. Requires each State to inventory above ground petroleum storage tanks in such State, aggregate the data derived from tank owners, and submit such data to the Administrator of the Environmental Protection Agency within two years of this Act's enactment. Directs the Administrator to promulgate petroleum spill prevention, correction, and financial responsibility regulations applicable to tanks which are 30 or more years old, have been reassembled in whole or in part, or have been relocated from their original site. Includes within such regulations requirements for: (1) the granting of operating permits pursuant to periodic tank inspections; (2) immediate reporting of a release and corrective action taken in response to a release; and (3) maintaining evidence of financial responsibility. Requires the Administrator, in promulgating financial responsibility regulations, to conduct a study to determine the appropriate amounts of coverage for the costs and damages of a spill. Permits the assertion of claims against guarantors providing evidence of financial responsibility for claims against insolvent tank owners or operators. Allow the Administrator to waive financial responsibility requirements upon the owner's or operator's demonstration of a secondary containment adequate to hold any release. Permits corrective actions by the Administrator or States to protect human health or the environment, but makes tank owners or operators liable for costs. Authorizes a State to submit for the Administrator's review and approval a program under which such State would assume primary responsibility for the enforcement of regulations pertaining to above-ground storage tanks. Requires that the State program be at least as stringent as the Federal program. Sets forth authorized actions when a facility owner or operator has not complied with or cannot meet financial responsibility requirements. Requires owners or operators of tanks to furnish the relevant government employees with all necessary information, including submitting their facilities to inspection and monitoring. Provides for confidentiality of such information and criminal penalties for prohibited disclosure. Authorizes the use of compliance orders to enforce this Act, providing daily civil penalties for noncompliance. Includes tanks under Federal jurisdiction under this Act, permitting exemptions of up to one year upon the President's specific request. Requires that all exemptions be reported annually to the Congress Directs the Administrator to study above ground petroleum storage tanks and above ground tanks used for the storage of regulated substances and report to the Congress and the President on the results of such studies within one year of this Act's enactment. Requires the Administrator to conduct a study and report to the Congress on the cause and environmental effects of the petroleum spill into the Monongahela River on January 2, 1988. Authorizes appropriations for FY 1988 through 1992.
United States · United States Congress · 26 January 1988
Authorizes the Secretary of Health and Human Services to establish a National Voluntary Reunion Registry system to facilitate, on a voluntary mutual request basis, the reunion of biological parents and adoptees, biological siblings, or other biological relatives of adoptees through a centralized computer network. Authorizes the Secretary to establish such system by contract with public or private nonprofit agencies or organizations. Directs the Secretary to report annually to the Congress on activities under this Act. Sets forth provisions for participation in the Registry and initiation of the matching process. Directs the Secretary to establish procedures to protect the confidentiality and privacy rights and interests of all participants. Provides for the collection of reasonable fees for Registry services. Allows the Registry to include similar State systems under specified conditions. Allows the Registry to include referral to existing programs that provide counseling services. Authorizes appropriations to carry out this Act for FY 1988 through 1990.
United States · United States Congress · 26 January 1988
Veterans' Compensation Cost-of-Living Adjustment Act of 1988 - Directs the Administrator of Veterans Affairs to increase the rates of veterans' disability compensation and the rates of dependency and indemnity compensation paid to the survivors of disabled veterans by the Veterans Administration. Provides that certain payments that were increased under the Veterans' Compensation Cost-of-Living Adjustment Act of 1987 are to be further increased by the same percentage that benefit amounts payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act are increased as of a specified date (such percentage increase being determined by the cost-of-living increase as referenced by the Consumer Price Index). Requires the Administrator to publish such increases in the Federal Register at the same time that increases under title II of the Social Security Act are required to be published.
United States · United States Congress · 22 December 1987
Thanks the Honorable John C. Stennis, President pro tempore, for the manner in which he presided over the Senate during the first session of the 100th Congress.
United States · United States Congress · 8 December 1987
Expresses the sense of the Senate that, with respect to treaties submitted for its advice and consent (including the U.S.-Soviet treaty on eliminating intermediate range nuclear forces), the Senate should not request, review, or rely on those documents in the negotiating record that were not shown to the other party.
United States · United States Congress · 30 November 1987
Fraud Amendments Act of 1987 - Amends chapter 1 (Rules of Construction) of title 1 (General Provisions) of the United States Code to provide that the term "fraud" or "defraud" includes defrauding another: (1) of intangible rights; or (2) by using material private information wrongfully stolen, converted, or misappropriated in breach of any fiduciary relationship.
United States · United States Congress · 20 November 1987
Authorizes the Vietnam Women's Memorial Project, Inc., to construct a statue of a woman Vietnam veteran within the Vietnam Veterans Memorial site in Washington, D.C., to honor and recognize the women of the U.S. armed forces who served in the Vietnam conflict. Expresses the sense of the Congress that after the addition of such statue, no further additions to the site should be authorized or undertaken. Directs the Secretary of the Interior to select a site for the statue within the Memorial with the approval of the Commission of Fine Arts and the National Capital Planning Commission. Makes the design proposal subject to the approval of the Secretary and such Commissions. Prohibits the United States or the District of Columbia from paying any expense of constructing the statue. Requires that the construction of such statue be commenced within five years of the date of enactment of this Act, and that funds sufficient to insure completion are certified to be available by the Secretary prior to groundbreaking, or the authority provided by this Act shall lapse. Grants the Secretary the responsibility for the statue's maintenance and care.
United States · United States Congress · 17 November 1987
Sugar Supply Stabilization Act of 1987 - Amends the Food Security Act of 1985 and the Agricultural Act of 1949 with respect to price support levels for crops of sugar beets and sugarcane. Reduces the sugar support price progressively over crop years from 18 cents per pound in 1986 to 12 cents per pound in 1991 and thereafter. Increases the annual import quota applicable to sugars, syrups, and molasses derived from sugarcane or sugar beets by 500,000 tons per year for 1989 through 1992. Repeals provisions of the Food Security Act of 1985 that authorize the President to take certain actions to prevent sugar loan forfeitures. Directs the Secretary of Agriculture to conduct a study and report to specified congressional committees concerning means of reducing the difference between the loan rate and the market stabilization price by using alternative methods for determining transportation differentials, regional loan rates, and the market stabilization price of sugar.
United States · United States Congress · 17 November 1987
Pediatric Acquired Immunodeficiency Syndrome (AIDS) Resource Centers Act of 1987 - Amends part B (Federal-State Cooperation) of title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to require the Secretary of Health and Human Services to make grants to hospitals to support the development and establishment in hospitals of pediatric acquired immunodeficiency syndrome resource centers. Requires the centers to: (1) provide care and treatment for children infected with the human immunodeficiency virus and who have contracted the syndrome; and (2) conduct research relating to the provision of such care and treatment. Provides for priorities in making grants and states authorized uses for grant funds. Authorizes appropriations for FY 1988 through 1990.
United States · United States Congress · 17 November 1987
Minority Acquired Immunodeficiency Syndrome (AIDS) Awareness and Prevention Projects Act of 1987 - Amends the Public Health Service Act to create a new title on prevention and public awareness of acquired immunodeficiency syndrome (AIDS) among minority populations. Directs the Secretary of Health and Human Services, acting through the Director of the Office of Minority Health, to make grants to community-based organizations for projects for the development and implementation of activities among minority populations regarding information on and prevention of AIDS. Requires grant applicants to: (1) establish a community resource panel to assist in the development and implementation of the project; and (2) report to the community served for each year that the recipient receives a grant. Requires the Office of Minority Health to make grants to national minority organizations with local chapters or affiliates to provide coordination, technical assistance, and promotion. Specifies minimum and maximum limits for the grants. Authorizes appropriations for the grants to community-based organizations and for grants to national minority organizations for FY 1988 through 1990. Directs the Secretary, for each fiscal year, to prepare and transmit to the Congress a written strategy for education, counseling, prevention, training, treatment, research, and service delivery activities relating to AIDS that are specifically directed toward Blacks, Hispanics, and other minority populations. Directs the Secretary to establish a National Minority Acquired Immunodeficiency Syndrome Advisory Committee to monitor and advise the Secretary with respect to efforts by Federal agencies to combat the AIDS epidemic in minority communities. Directs the Secretary to establish a minority AIDS clearinghouse to provide, primarily to minority communities and individuals, access to information relating to specified aspects of AIDS. Amends title XVII (Health Information and Health Promotion) of the Public Health Service Act to direct the Secretary of Health and Human Services to establish, in the Office of the Assistant Secretary for Health, an Office of Minority Health. Sets forth the duties of the new office regarding AIDS and other minority health matters. Requires the Secretary to appoint a Director for the new office who is a member of the Public Health Service Corps. Authorizes appropriations for title XVII for FY 1988 through 1990. Revises provisions relating to the research, community, and information programs the Secretary is authorized to conduct and support to insert references to minorities and minority communities and to make other changes. Directs the Secretary to submit to the President for transmission to the Congress an annual report on the status of minority health care efforts.
United States · United States Congress · 17 November 1987
Welcomes Vladimir and Maria Slepak to the United States and salutes their courage and that of all Soviet activists fighting for human rights in the Soviet Union.
United States · United States Congress · 10 November 1987
Expresses the sense of the Senate that: (1) the Senate leadership should seek a budget resolution plan that contains savings in FY 1988 in excess of $23,000,000,000 and the plan should extend for at least two years; and (2) the House should consider adopting a similar approach and the President should become personally involved in the negotiations with leaders of Congress to ensure that a meaningful deficit reduction package will be enacted.
United States · United States Congress · 5 November 1987
Genocide Convention Implementation Act of 1987 - Amends the Federal criminal code to establish the criminal offense of genocide. Sets forth penalties to be imposed upon anyone who commits or attempts to commit any of the acts which constitute genocide (a fine of $1,000,000 and/or imprisonment for up to 20 years, and life imprisonment if group members are killed). Sets forth criminal penalties (a fine of $500,000 and/or imprisonment for up to five years) for directly and publicly inciting an act of genocide.
United States · United States Congress · 3 November 1987
Targeted Revenue Assistance to Fiscally Distressed Local Governments Act - Establishes a program to provide financial assistance to fiscally distressed units of local government. Authorizes appropriations to carry out this Act. Provides that a local government unit qualifies for an assistance payment for an entitlement period only after satisfying specified criteria, including that: (1) if at least 25 percent of the pay of a public employee is paid out of such payment, such individual will receive pay at least equal to the prevailing rate of pay for individuals employed in similar public employee occupations by the government; (2) if at least 25 percent of the costs of a construction project are paid out of such payment, laborers and mechanics employed by contractors or subcontractors on the project will receive pay at least equal to the prevailing rate of pay for similar construction in the locality; and (3) the government will use specified accounting, audit, and fiscal procedure guidelines. Imposes sanctions for noncompliance. Makes allocations of special entitlements for Indian tribes, Alaskan Native villages, and the District of Columbia, based on population to be determined by a specified formula. Allocates funds to States according to a specified formula, which takes into account the "need factor" (based on the number of unemployed individuals in the State during the 36-month period immediately preceding the entitlement period) and the "relative fiscal capacity" (based on the taxable resources of the State). Sets forth the method to be used to determine the entitlement allocations for units of general local government. Sets limits on payments to local governments. Provides for reallocation of any funds not paid out. Requires the Secretary to use the most recent available information provided by the Secretary of Commerce and the Secretary of Labor before the beginning of the entitlement period to determine an allocation under this Act. Requires the Secretary to determine population on the same basis that the Secretary of Commerce determines resident population for general statistical purposes. Sets additional limitations on the use of data for entitlement allocation purposes. Requires that each unit of general local government expending payments under this Act hold at least one public hearing on the proposed use of the payment in relation to its entire budget. Requires pre-hearing disclosure of information. Requires that following adoption of the budget, the government make available to the public a summary of the budget, including the proposed use of the payment. Allows the Secretary to waive a requirement under this Act under specified conditions. Requires the Secretary to prescribe regulations for applying the Act to local governments that do not adopt budgets. Prohibits discrimination by local governments receiving payments under this Act. States that such prohibitions shall not apply where the government shows that a payment received under this Act is not used to pay for any part of the program or activity with respect to which the allegation of discrimination is made. Directs the Secretary, in cooperation with the heads of Federal and State agencies, if possible, to investigate alleged violations of the non-discrimination provisions of this Act. Requires the Secretary, after making a finding of discrimination about a unit of general local government, to submit a notice of non-compliance to that unit of government. Establishes procedures for the informal presentation of evidence by that unit of government. Allows the Secretary to suspend payments to the government under this Act, unless the government: (1) makes a compliance agreement; or (2) requests an administrative review. Establishes procedures for the administrative review of the Secretary's determination. Sets forth conditions for the suspension and termination of payments in discrimination proceedings, for the lifting of such suspensions and terminations, and for resumption of payments upon attaining compliance (which may include restitution to the injured party). Delineates the types of compliance agreements and their contents. Requires the Secretary to submit a copy of the agreement to each person who filed a complaint. Authorizes the Attorney General to bring a civil action against local governments engaging in a pattern or practice in violation of this Act's anti-discrimination provisions. Specifies remedies that the court may grant. Provides for a private right of action, after the affected individual has exhausted specified administrative remedies. Allows the Attorney General to intervene in an action of general public importance. Allows a local governmental unit receiving notice from the Secretary about withholding, suspending, or terminating payments to apply for review by filing a petition with the U.S. court of appeals for the circuit in which the government is located. Allows review of that decision only by the U.S. Supreme Court. Establishes audit requirements for local governmental units which receive payments, with provisions for waiver under specified conditions. Provides for the public disclosure of the local audit. Directs the Secretary to maintain regulations providing reasonable and specific time limits for the Secretary to carry out an investigation, carry out audits and reviews, and advise a complainant of the status of such audit, investigation, or review. Directs the Comptroller General to carry out reviews as necessary for the Congress to evaluate compliance and operations under this Act. Sets forth reporting requirements by the Secretary to the Congress, and by units of general local government to the Secretary. Directs the Secretary, and the Secretary of Commerce, to undertake studies of targeted revenue payments. Authorizes appropriations.
United States · United States Congress · 30 October 1987
Individual Appropriations Act - Requires the committee of conference to report a separate conference report for each title of a bill or joint resolution making continuing appropriations for a period of 30 days or more, together with any amendments in disagreement for each title. Requires each title to be assigned a bill number and considered separately. Makes it out of order in the House of Representatives and the Senate: (1) to consider such bill or joint resolution unless each title corresponds to a regular appropriations bill; and (2) for any general provisions of such bill or joint resolution not to be contained in the appropriate title. Excludes any bill or joint resolution making supplemental appropriations from provisions of this Act. Makes such Act applicable to FY 1988, 1989, and 1990.
United States · United States Congress · 30 October 1987
Poultry Producers Financial Protection Act of 1987 - Amends the Packers and Stockyards Act, 1921 to remove live poultry handlers from marketing practices' regulation under such Act. Establishes a statutory trust for the benefit of unpaid cash sellers or poultry growers which consists of the assets of live poultry dealers with average annual live poultry sales, or average annual value of poultry obtained by purchase or growing arrangement, greater than $100,000. States that a dishonored payment instrument shall not be considered as payment. Provides that an unpaid cash seller or poultry grower shall lose such trust benefit if he or she fails to give written notice of nonpayment or dishonored payment within specified time periods to the poultry dealers. States that the trust is preserved by giving written notice to the dealer and filing such notice with the Secretary of Agriculture. Provides a cause of action for violations under such Act with respect to poultry sales, purchases, or growing arrangements. Eliminates poultry handler recordkeeping provisions. States that the Federal Trade Commission (FTC) shall have power and jurisdiction over all (marketing) transactions in commerce of poultry products. States that the Secretary may exercise jurisdiction over poultry products in prompt payment or trust proceedings (as established by this Act) in order to avoid impairment of the Secretary's jurisdiction. Requires the Secretary to: (1) notify the FTC of any intended action; and (2) not proceed further if notified within ten days that an FTC proceeding involving the same subject matter is pending. Authorizes the Secretary to seek injunctive relief for nonpayment of live poultry transactions, including growing arrangements. Requires poultry dealers to pay poultry producers within the following time limits: (1) for a cash sale, full payment by the close of business on the day after the sale; and (2) for a growing arrangement, full payment within 15 days after the week of slaughter. States that a payment delay or attempted delay shall be considered an "unfair practice" violation under such Act. Directs the Secretary, whenever he has reason to believe that a poultry dealer has violated the prompt payment or trust provisions created by this Act, to issue a written complaint and hold a hearing at least 30 days after service of the complaint. Authorizes the Secretary to issue a cease and desist order, and also to assess a civil penalty of up to $20,000 per violation, if he finds the dealer in violation of such provisions. Makes the Secretary's order final unless a poultry dealer files an appeal with the appropriate court of appeals within 30 days after service. Subjects a poultry dealer or his agents to fines of between $1,000 and $20,000 for failure to comply with the Secretary's order. Declares that this Act shall not be construed to limit or otherwise affect the power of the Federal Trade Commission under the Federal Trade Commission Act to prevent, with respect to poultry products, the use of unfair methods of competition, and unfair deceptive act or practices. Repeals title V of the Packers and Stockyards Act, 1921.
United States · United States Congress · 29 October 1987
Social Security Notch Adjustment Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish a new alternative formula for computing the primary insurance amount (used in calculating the amount of OASDI benefits to which an individual is entitled) of workers born after 1916 and before 1930. Makes the new formula effective beginning January 1987, but provides retroactive benefits of up to $1,000 for months prior to January 1987. Excludes the earnings an individual who was born before 1917 earns in or after the year he or she reaches age 70 from the calculation of benefits payable to such individual after 1985.
United States · United States Congress · 27 October 1987
National Security Reform Act of 1987 - 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. 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 or the officer next below in rank. Allows the Director to prohibit the Inspector General from conducting any audit 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 intelligence committees 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 both Houses of Congress in writing of the reasons for any such removal. Includes among the duties of the Inspector General: (1) to conduct 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 and the Congress informed concerning violations, abuses, deficiencies, and corrective actions. 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. Requires the Inspector General to report serious problems, violations of law or regulations, or serious deficiencies relating to the administration of CIA programs and operations, immediately. Requires the Director to transmit any such report to the intelligence committees within seven days.
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