United States · United States Congress · 23 March 1988
Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty where: (1) as a result of a continuing criminal enterprise, a person intentionally, or with reckless indifference to human life, kills or participates in the killing of any individual; or (2) as a result of an organized ongoing drug crime, a person intentionally kills a law enforcement officer. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing 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 such 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 where 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. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors to be considered by the jury or the court: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; 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, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when 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.
United States · United States Congress · 23 March 1988
Amends the Revenue Act of 1987 to delay until October 1, 1988, the imposition of excise tax on wholesale sales of diesel and aviation fuels. (Under current law the tax applies to sales after March 31, 1988.)
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 · 17 March 1988
Civil Rights Protection Act of 1988 - Amends title IX (Prohibition of Sex Discrimination) of the Education Amendments of 1972 to define the phrase "program or activity" and the term "program" to mean all the operations of the following entities, any part of which is extended Federal financial assistance: (1) the part of a department, agency, special purpose district, or other instrumentality of a State or local government to which the assistance is extended; (2) the part of the entity of a State or local government which distributes such assistance; (3) a college, university, or other postsecondary institution, or public system of higher education; (4) a local educational agency, system of vocational education, or other school system; and (5) a corporation, partnership, or other private organization or sole proprietorship. States that such terms do not include any operation of an entity which is controlled by a religious organization. States that nothing in such Act shall be construed to: (1) require or prohibit any person or entity to provide or pay for an abortion; or (2) permit a penalty to be imposed upon any person who is seeking or has had a legal abortion. Amends the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to define the phrase "program or activity" to mean all of the activities of the aforementioned entities. States that nothing in this Act shall be construed to extend the application of such Acts to: (1) ultimate beneficiaries of Federal financial assistance excluded from coverage before the enactment of this Act; (2) any part of a church or synagogue, if such part does not receive Federal financial assistance; (3) any grocery store, supermarket, or other similar business entity based upon participation in the Federal Food Stamp Program; or (4) any farm, farmer, ranch, or rancher based upon participation in any Federal agricultural program. States that this Act does not require any individual or hospital, or other institution, program, or activity that receives Federal financial assistance to perform or pay for an abortion. Amends the Rehabilitation Act of 1973 to provide that the anti-discrimination provisions relating to employment shall not apply to individuals having a contagious disease or infection who, by reason of such disease or infection: (1) would constitute a direct threat to the health or safety of others; or (2) are unable to perform the duties of the job.
United States · United States Congress · 16 March 1988
Firearms Detection Act of 1988 - Amends the Federal criminal code to make it unlawful for any person to manufacture, assemble, import, sell, possess, receive, ship, or deliver any firearm which is not: (1) as detectable as the Minimum Standard Security Exemplar, after removal of grips, stocks, and magazines, by walk-through metal detectors commonly used at U.S. airports; or (2) impregnated with barium sulfate, or a similar compound, to facilitate detectability by cabinet x-ray systems. Defines the term "Minimum Security Standard Exemplar" to mean a firearm substitute used for testing that resembles a revolver, is made of stainless steel, and weighs four ounces. States that nothing in this Act shall require the Federal Aviation Administration (FAA) to utilize the Minimum Security Standard Exemplar as an FAA detection standard. Prohibits the Secretary of the Treasury from authorizing the importation of undetectable firearms. Directs the Administrator of the FAA to conduct research to improve the effectiveness of airport security metal detectors and airport security x-ray systems. Allows the Secretary, when appropriate because of changed technology, to submit proposed legislation to amend the definition of Minimum Security Standard Exemplar. Directs the Administrator of the FAA, the Director of the Secret Service, and the Director of the Marshals Service to conduct a study to identify available equipment capable of detecting the Minimum Security Standard Exemplar while distinguishing innocuous metal objects. Provides increased criminal penalties for using or carrying an undetectable firearm during the commission of a crime of violence or a drug trafficking crime.
United States · United States Congress · 16 March 1988
Motor Fuels Excise Tax Relief Act of 1988 - Amends the Internal Revenue Code to exempt from the gasoline excise tax any sale of gasoline to: (1) a State or local government (or to a purchaser for resale to such government) for its exclusive use; or (2) a nonprofit educational organization for its exclusive use. Permits wholesale distributors of gasoline who have registered with the Secretary of the Treasury and posted the required bond to pay the gasoline tax (in lieu of the person otherwise liable for the tax). Requires that the reduced gasoline tax rate (3.4 cents instead of 9.1 cents) be applied with respect to gasoline used to produce gasohol after the time of the relevant removal or sale. Prohibits the imposition of the excise tax on diesel and aviation fuels on the sale of these fuels to any purchaser (or purchaser for resale) for use in any off-highway business use. (Although fuel used for such purposes is generally tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on the nontaxable use of the fuel.) Directs the Secretary of the Treasury to study and report to specified congressional committees concerning motor fuels excise tax collection procedures, in the interest of determining methods that will provide the least onerous treatment of tax-exempt entities and at the same time raise necessary revenue.
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
Amends the Internal Revenue Code to prohibit the imposition of excise tax on the sale of diesel fuel to any purchaser (or purchaser for resale) for use by a fishery vessel.
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 · 26 February 1988
Air Travel Rights for Blind Individuals Act - Amends the Federal Aviation Act of 1958 to preclude an air carrier from establishing aircraft seating restrictions based upon a passenger's visual acuity or use of a white cane or dog guide or other such means of assistance.
United States · United States Congress · 19 February 1988
Condemns North Korea for its bombing of Korean Air Lines (KAL) flight 858 and its support for international terrorism. Commends the Government of South Korea for confronting North Korean terrorism and for efforts to ensure a safe International Olympic Games in Seoul this year. Expresses the sense of the Congress that: (1) those responsible for the KAL bombing should be brought to justice; (2) all nations should take appropriate measures against North Korea, including implementing trade and other sanctions; (3) international aviation groups, including the International Civilian Aviation Organization, should take steps against North Korea, including consideration of the suspension of air service; and (4) the Governments of Bahrain and Japan should be commended for their cooperation in the investigation of the KAL bombing.
United States · United States Congress · 17 February 1988
State and Local Government Exemption Reaffirmation Act of 1988 - Amends the Internal Revenue Code to exempt from the gasoline excise tax any sale of gasoline to a State or local government (or to a purchaser for resale to such government) for its exclusive use.
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 · 3 February 1988
Amends the Internal Revenue Code to increase from $45,000,000 to $60,000,000 the amount permissible in the Boat Safety Account in the Aquatic Resources Trust Fund without triggering a prohibition of transfers into the Account from the Highway Trust Fund for FY 1988 and thereafter. Extends from April 1, 1989, to October 1, 1999, the date before which expenditures may be made from the Boat Safety Account for recreational boating safety programs. Grants the Secretary of the department in which the Coast Guard is operating liquidating contract authority with respect to State recreational boating safety programs in an amount equal to one-half (currently two-thirds) of the amount of motorboat fuel taxes transferred to the Boat Safety Account in FY 1988 and thereafter. Increases from one-third to one-half the portion of such funds available for Coast Guard services in connection with recreational boating safety services. Prohibits fiscal year expenditures for Coast Guard expenses from exceeding those for State boating safety programs generally. Amends Federal law to permit a State to use contributions of funds, materials, lands, and services to carry out certain fish restoration and management projects in lieu of paying its share of the activity.
United States · United States Congress · 2 February 1988
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1988, as Baltic Freedom Day. Authorizes and requests the President to submit the issue of the Baltic Republics to the United Nations.
United States · United States Congress · 26 January 1988
Commends the President, Secretary of State, and Administrator of the Agency for International Development for their response to the drought and food emergency in Ethiopia and other nations of sub-Saharan Africa, and urges them to continue efforts to preclude the onset of famine and to ensure the timely delivery of medical and other emergency relief supplies. Declares that: (1) the Government response to these food emergencies should include initiatives to prevent the dislocation of large numbers of persons across national borders and/or into relief camps; and (2) the plight of the refugees or displaced should be addressed by emphasizing the provision of basic human needs, such as food, water, and shelter.
United States · United States Congress · 25 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Declares the tax inapplicable in connection with sales of these fuels for use on a farm for farming purposes. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)
United States · United States Congress · 22 December 1987
Thanks the Honorable John C. Stennis, President pro tempore, for the manner in which he presided over the Senate during the first session of the 100th Congress.
United States · United States Congress · 18 December 1987
Criminal Justice Reform Act of 1987 - Title I: Exclusionary Rule - Exclusionary Rule Reform Act of 1987 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded if the search or seizure undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution is admissible. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief. States that, except as provided by statute or a rule of procedure prescribed by the Supreme Court pursuant to statutory authority, evidence which is otherwise admissible shall not be excluded on the ground that it was obtained in violation of a law, rule, or regulation. Title II: Habeas Corpus - Reform of Federal Intervention in State Proceedings Act of 1987 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; (3) the factual basis of the claim could not have been discovered by reasonable diligence; or (4) the violation asserted probably resulted in an erroneous conviction, a sentence predicated on an erroneous conviction, or a sentence predicated on an erroneous factual determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Title III: Capital Punishment - Capital Punishment Procedures Act of 1987 - 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, stating that the death penalty is justified and setting forth 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 evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading 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. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. 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. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. 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 any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first degree murder); and (8) engaging in a criminal enterprise activity which results in death. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death.
United States · United States Congress · 17 December 1987
Deplores the Soviet Government's active persecution of religious believers in the Ukraine and its forcible liquidation of the Ukrainian Orthodox and Ukrainian Catholic Churches. Discourages official participation by the U.S. Government in ceremonies of the Millennium of Christianity in Kievan Rus' so long as: (1) individuals are harassed and imprisoned for their religious beliefs and denied access to religious literature and instruction; and (2) the Ukrainian Catholic and Orthodox Churches remain outlawed. Sends greetings to the Ukrainian people on the Millennium. Urges the President, the Secretary of State, the U.S. delegation to the United Nations, and the U.S. delegation to the Vienna Review Meeting of the Conference on Security and Cooperation in Europe to continue to speak out forcefully against violations of religious liberty throughout the Soviet Union and, specifically, in the Ukraine. Calls upon the Soviet Government to release all those imprisoned for their religious beliefs and legalize the Ukrainian Orthodox and Ukrainian Catholic Churches.
United States · United States Congress · 4 December 1987
Declares that, in celebration of Law Day U.S.A., special emphasis should be given by grateful people to all law enforcement personnel for their service in preserving domestic tranquility and guaranteeing rights under law.
United States · United States Congress · 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 · 23 October 1987
Education Savings Act of 1987 - Amends the Internal Revenue Code to permit an income tax exclusion to a taxpayer who transfers a qualified U.S. savings bond to an eligible institution of higher education or vocational school to pay the higher education expenses (tuition, fees, books, supplies, and equipment) of the taxpayer, spouse, or dependent. Excludes from gross income the lesser of: (1) the otherwise taxable amount involved in the transfer; or (2) the amount of the relevant higher education expenses. Phases out the permissible exclusion in the case of taxpayers having adjusted gross income of $75,000 or more, disallowing it entirely when income exceeds $150,000. Directs the Secretary of the Treasury to advise the general public of the program established by this Act. Amends Federal law to permit: (1) the type of transfer of U.S. savings bonds that would be necessary to effect the tax exclusions described in this Act; and (2) redemption of such bonds by recipient institutions.
United States · United States Congress · 15 October 1987
Authorizes the Smithsonian Institution to develop a master plan for expansion of the National Air and Space Museum at Washington Dulles International Airport that will not interfere with the operations of the airport. Authorizes appropriations for FY 1988 and 1989 for master planning activities.
United States · United States Congress · 15 October 1987
Organotin Antifouling Paint Control Act of 1987 - Prohibits the use on a vessel 25 meters or less in length of organotin-based antifouling paint, except as specified. Prohibits the sale of antifouling paint containing organotin or its application to a vessel unless the Administrator of the Environmental Protection Agency certifies that the release rate of such paint is below a specified level. Prohibits the sale of organotin paint additives. Permits the use of existing stockpiles for no more than 180 days following enactment. Sets forth certification procedures. Directs the Administrator to monitor and report annually for seven years to specified congressional officials on the concentrations of organotin in representative estuaries. Requires the Secretary of the Navy to periodically test and report to the Administrator and the State Governor on organotin contamination in waters and harbors serving as the home port for any Navy vessel. Imposes civil penalties for violations of this Act. Requires the Administrator to study and report to specified congressional officials on alternative antifouling chemicals and systems. Requires sale and use prohibitions to continue until a final decision on the release of organotin into the aquatic environment through such paints takes effect.
United States · United States Congress · 13 October 1987
Designates January 28, 1988, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 8 October 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury (Secretary) to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers receiving annual tax filing forms from the IRS. Requires the IRS, upon taxpayer request, to conduct any interview regarding the determination or collection of any tax at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interviewer to explain to the taxpayer the audit process, including the taxpayer's rights with respect to the process. Requires the Secretary to abate any penalty or interest imposed on any deficiency attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations with respect to Taxpayer Assistance Orders, including provisions to assure full, fair, and impartial due process for affected taxpayers. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury an Office of Inspector General. Transfers to such Office the existing audit and investigation units of the Department. Sets forth criteria with respect to: (1) the authority of the Inspector General to conduct an investigation; and (2) the authority of the Secretary in cases of audits or investigations requiring access to information of a sensitive or confidential nature. Allows the Secretary to prohibit investigations under specified circumstances. Restricts disclosure by the Inspector General of tax returns and return information. Prohibits records of tax enforcement results from being used to evaluate certain IRS personnel or to impose or suggest production quotas. Requires district directors to certify compliance with this mandate on a monthly basis. Requires the Secretary to certify that a rule proposed by the IRS is substantially the only alternative that meets the mandate of the relevant statute in order for the rule to be considered an interpretative rule (and thereby not subject to analyses under the Regulatory Flexibility Act). Amends the Regulatory Flexibility Act to require regulatory flexibility analyses to include consideration of both the direct and indirect beneficial and negative effects of a proposed or final rule. Amends the Internal Revenue Code to direct the Secretary, with limited exceptions, to send a preliminary letter of deficiency to a taxpayer prior to the mailing of a deficiency notice. Specifies required contents for tax due notices and deficiency notices, including the basis of the deficiency and a breakdown of the total amount into tax, interest, and penalty. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations requiring all IRS personnel to explain and support their position in assessing any penalties or additions to tax. Requires the Comptroller General to study IRS procedures with respect to such assessments and to present findings to specified congressional committees no later than December 31, 1988. Authorizes the Secretary to enter into a binding agreement with a taxpayer under which the taxpayer may pay tax liability in installments if the Secretary determines that such an agreement will facilitate collection of the liability. Permits the Secretary, after proper notice and a hearing, to modify or annul the agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Renders such an agreement nonbinding if the taxpayer fails to pay any installment or any other tax liability when due. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Permits the Secretary to demand surrender of bank accounts only after 21 days in escrow have passed since service of the notice of levy on the accounts. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Permits a taxpayer to bring a civil action against the United States in the Tax Court for judicial review of jeopardy levies and assessments. (Under current law an action for judicial review of jeopardy assessments may be filed only in district court.) Increases the time during which a taxpayer may petition for such review. Describes the jurisdictional requirements to be applied to such actions. Allows an administrative appeal of tax liens. Grants to the Tax Court exclusive jurisdiction to enjoin premature assessments if the taxpayer has filed a timely petition for review. Provides for review of such injunctive orders by the U.S. Court of Appeals. Grants to the Tax Court jurisdiction to enforce payment by the Secretary of refunds of overpayment and interest to taxpayers. Places on the Secretary the burden of proof of justifying any failure to refund, credit, or offset relevant amounts with respect to a taxpayer. Entitles a prevailing taxpayer to: (1) an interest rate of 120 percent of the overpayment rate with respect to refunds; and (2) reasonable litigation costs. Grants to the Tax Court jurisdiction to: (1) review jeopardy assessment sales of assets; and (2) redetermine interest under certain circumstances when a taxpayer claims an overpayment of the interest. Vests in the Tax Court original jurisdiction over any civil action against the Secretary for the recovery of any tax, additions to tax, and penalties with respect to income, estate, gift, and certain excise taxes. Authorizes an award of reasonable litigation costs to the prevailing party in proceedings by taxpayers before the Internal Revenue Service. Permits a taxpayer to bring a civil action in district court for actual damages resulting from the failure of any Federal officer or employee to release a tax lien on the taxpayer's property. Permits a civil cause of action in district court for damages resulting from the careless, reckless, or intentional disregard of internal revenue laws by any Federal officer or employee. Denies damage awards in cases of contributory negligence. Authorizes a damage award, to a $10,000 maximum, to the United States in cases of frivolous or groundless claims by a taxpayer. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation or surveillance authorized or conducted by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Establishes in the Internal Revenue Service the Office for Taxpayers Services, under the supervision of an Assistant Commissioner of Internal Revenue. Directs this Assistant Commissioner to: (1) be responsible for telephone, walk-in, and educational services, and for the design and production of tax and information forms; and (2) prepare annually, for presentation to specified congressional committees, a joint report (with the Chief Problem Resolution Officer for the IRS) on the quality of taxpayer services.
![Official portrait of Sen. Trible, Paul S., Jr. [R-VA]](https://www.congress.gov/img/member/t000367_200.jpg)