United States · United States Congress · 27 July 1988
Congressional Equal Employment Opportunity Amendments of 1988 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative branch of the Government other than units having positions in the competitive service be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Authorizes an aggrieved individual to file a written charge with the Joint Commission on Congressional Employment. Establishes the Commission in the legislative branch. Provides that the Commission be composed of Members of the House of Representatives and the Senate appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate as requested by the majority and minority leaders of each body. Establishes procedures for the Commission to investigate, settle, hear, and determine the claims alleged. Requires the Commission, insofar as practicable, to make a determination not later than 180 days after receiving the charge. Provides that, if a violation is found, an order for relief may compel the defendant to: (1) employ or reinstate, with or without up to two years back pay, on terms and conditions as determined to be appropriate; (2) pay compensatory damages; or (3) cease and desist committing the violation. Makes the order final and not reviewable. Amends title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 to define "handicap" to have the meaning given it in the Rehabilitation Act of 1973.
United States · United States Congress · 27 July 1988
Amends the Employee Polygraph Protection Act of 1988 (P.L. 100-347) to direct specified congressional committees to establish rules and procedures to apply the principles of such Act with respect to employees of the House of Representatives and the Senate.
United States · United States Congress · 7 July 1988
Directs the Federal Communications Commission to establish and implement a telecommunications relay system to increase access to Federal departments and agencies for users of Telecommunications Devices for the Deaf (TDDs). Requires the system and its associated plans to include: (1) expansion of the existing relay system to a prescribed minimum service level; (2) accessibility of TDDs in Federal agencies; (3) publication of a TDD directory of Government access numbers; (4) adoption and display of logos identifying TDD stations; and (5) support for the development of cost-reducing technologies. Directs the FCC to complete its existing inquiry concerning an interstate relay system for TDD users. Requires that the Congress install TDDs and assure their accessibility in congressional offices as soon as practicable. Authorizes appropriations.
United States · United States Congress · 30 June 1988
Expresses the sense of the Congress that the Government of Nicaragua should: (1) fulfill its pledge in the Esquipulas II agreement to grant a general amnesty to all political prisoners; (2) cease inhumane torture and holding prisoners incommunicado; (3) end random arrests for purposes of political intimidation; (4) allow human rights observers in all parts of prison facilities; (5) compensate former political prisoners; and (6) cease human rights violations.
United States · United States Congress · 29 June 1988
Finds that recent events in Panama indicate a political environment in which the Government of Panama is becoming increasingly unstable and more hostile toward the United States. Expresses the sense of the Congress that the President should submit an unclassified report to the Congress addressing: (1) the stability of the Panamanian Government; (2) the likelihood of compliance by the Panamanian Government with the Neutrality Treaty and the Statement of Understanding guaranteeing transit of vessels, including U.S. war vessels, through the Panama Canal; (3) U.S. options regarding the transfer of the Canal; and (4) U.S. options, following transfer of the Canal to Panama, if the Canal is being used for illicit drug trafficking.
United States · United States Congress · 28 June 1988
Establishes the Amistad National Recreation Area, Texas. Directs the Secretary of the Interior to administer such area. Authorizes hunting, fishing, and trapping in such area except in designated zones. Authorizes the Secretary to enter into agreements with Texas for the provision of rescue, firefighting, and law enforcement services for such area. Sets forth provisions relating to specified treaties between the United States and Mexico.
United States · United States Congress · 23 June 1988
Technology-Related Assistance for Individuals With Disabilities Act of 1988 - Title I: Grants to States - Directs the Secretary of Education to make grants to States for consumer-responsive comprehensive statewide programs of technology-related assistance for individuals of all ages with disabilities. Lists functions and activities which may be included in the programs. Directs the Secretary to award to States three-year grants for statewide programs of technology-related assistance for individuals with disabilities. Provides for the number and amounts of the grants. Gives States receiving grants in one fiscal year priority in the availability of amounts appropriated in the next fiscal year. Directs the Secretary to award grants in a manner that is geographically equitable and that distributes them among States that have differing levels of development of programs of technology-related assistance. Sets forth information and assurances which must accompany an application. Authorizes the Secretary to award a two-year extension grant to any State that demonstrates significant progress of a statewide program of technology-related assistance under a grant provided for in this Act. Provides for the amounts of the extension grants and for priority for previously participating States. Specifies elements which must be included in an extension grant application. Requires each State that receives a grant under this title to submit an annual report to the Secretary. Sets forth specific requirements for reports with respect to extension grants. Directs the Secretary to establish a system to assess the extent to which States which receive grants under this title are making significant progress. Subjects any State which fails to comply with the requirements of this title to a corrective action plan. Declares that nothing in this title shall be construed to permit the State or any Federal agency to reduce medical or other assistance available or to alter eligibility under: (1) title II (Old Age, Survivors and Disability Insurance), title V (Maternal and Child Health), title XVI (Supplemental Security Income), title XVIII (Medicare), title XIX (Medicaid), or title XX (Block Grants for States for Social Services) of the Social Security Act; (2) the Education of the Handicapped Act; (3) the Rehabilitation Act; or (4) laws relating to veterans' benefits. Authorizes appropriations for FY 1989 through 1993. Directs the Secretary to reserve from amounts appropriated one percent for provision to States of information and technical assistance. Authorizes the Secretary to reserve sums as necessary to cover the cost of on-site visits. Directs the Secretary, directly or by contract, to: (1) conduct a national evaluation of the grant program authorized by this title; and (2) report to the Congress not later than October 1, 1992. Authorizes the Secretary to work with the States to consider and develop a uniform information system designed to report and compile a qualitative and quantitative description of the impact of the grant program. Title II: Programs of National Significance - Part A: Study on Financing of Assistive Technology Devices and Assistive Technology Services for Individuals with Disabilities - Requires the National Council on the Handicapped to: (1) conduct a study and make recommendations to the Congress and the President concerning financing and other aspects of technology-related assistance, devices, and services; and (2) appoint an advisory committee in accordance with the Rehabilitation Act of 1973 to assist the Council in carrying out the Council's duties under this part. Directs the heads of all Federal agencies, to the extent not prohibited by law, to cooperate with the Council. Authorizes the Council, with the consent of the agency involved, to use the resources of Federal, State, local, and private agencies, with or without reimbursement. Sets forth reporting requirements. Part B: National Information and Program Referral Network - Directs the Secretary to enter into any contract or cooperative agreement necessary in order to establish a national information and program referral network to assist States regarding such technology-related assistance, if the Secretary determines it appropriate to establish the network. Requires the contracts or agreements, if any, to be entered into before the end of 30 months after appropriations are enacted. Directs the Secretary to conduct a study of the feasibility and desirability of creating such a network. Authorizes the Secretary to enter into a contract or cooperative agreement necessary to conduct the study. Provides for the content and timetable of the study. Part C: Training and Public Awareness Projects - Directs the Secretary to enter into contracts or cooperative agreements concerning training with regard to the provision of technology-related assistance. Specifies eligible activities. Directs the Secretary to make grants to assist institutions of higher education to prepare personnel for careers relating to the provision of technology-related assistance. Sets forth priorities and specifies allowed uses of funds. Directs the Secretary to make grants or enter into contracts to carry out national projects that build awareness of the importance and efficacy of assistive technology devices and services for individuals of all ages with disabilities functioning in various settings of daily life. Sets forth allowed uses of the funds. Directs the Secretary to establish priorities for the grants and to publish the priorities, along with an explanation of how the priorities were determined, in the Federal Register. Part D: Demonstration and Innovation Projects - Directs the Secretary to make grants or enter into contracts or cooperative agreements to pay all or part of the cost of demonstration and innovation projects concerning technology-related assistance for individuals with disabilities. Sets forth allowed uses of the funds. Part E: Authorization of Appropriations - Authorizes appropriations for FY 1989 through 1993. Sets forth priorities depending on specified levels of appropriations.
United States · United States Congress · 21 June 1988
Congressional Budget Office Strengthening Act of 1988 - Amends the Congressional Budget Act of 1974 to include the minority leaders of the House of Representatives and the Senate in the process for selecting a Director of the Congressional Budget Office (CBO). (Currently the Speaker of the House and the President pro tempore of the Senate make such appointment.) Requires the Director to carry out duties in an objective and nonpartisan manner. Prohibits CBO from adding to, deleting, or altering any requested information already provided by such Office to any Member of Congress or congressional committee, except to correct factual errors. Provides that a change in any information so provided may only occur if CBO, the Member or committee making the request, and the majority and minority leaders of the House from which the request originated agree. Requires the Director to notify the House Committee on Standards of Official Conduct or the Senate Committee on Ethics of any attempt by any Member or congressional employee to unduly influence the contents of any information requested or the contents of any report by CBO. Requires the cost estimates submitted by CBO on congressional legislation to include all direct and indirect costs.
United States · United States Congress · 15 June 1988
Congressional Equal Employment Opportunity Amendments of 1988 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative branch of the Government other than units having positions in the competitive service be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Authorizes an aggrieved individual to file a written charge with the Joint Commission on Congressional Employment. Establishes the Commission in the legislative branch. Provides that the Commission be composed of Members of the House of Representatives and the Senate appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate as requested by the majority and minority leaders of each body. Establishes procedures for the Commission to investigate, settle, hear, and determine the claims alleged. Requires the Commission, insofar as practicable, to make a determination not later than 120 days after receiving the charge. Provides that, if a violation is found, an order for relief may compel the defendant to: (1) employ or reinstate, with or without up to two years back pay, on terms and conditions as determined to be appropriate; (2) pay compensatory damages; or (3) cease and desist committing the violation. Makes the order final and not reviewable. Amends title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 to define "handicap" to have the meaning given it in the Rehabilitation Act of 1973, except that the term does not include a contagious disease.
United States · United States Congress · 14 June 1988
Expresses the grave concern of the Congress regarding the apparent discriminatory treatment of Federal Express by the Government of Japan. Urges Japan to honor its obligations under the 1985 Memorandum of Understanding and allow Federal Express to compete in the U.S.-Japan market with maximum flexibility.
United States · United States Congress · 10 June 1988
College Savings Bond Act of 1988 - Authorizes the Secretary of the Treasury to issue college savings bonds in the interest of encouraging long-term savings for postsecondary education. Amends the Internal Revenue Code to exclude from the gross income of an individual any interest on college savings bonds to the extent these proceeds are used to pay the qualified educational expenses (tuition, fees, books, supplies, reasonable living expenses) of the taxpayer, spouse, child, or dependent at an institution of higher education, including a postsecondary vocational school. Decreases the permissible exclusion for taxpayers having adjusted gross income above $60,000, allowing no exclusion if income exceeds $80,000.
United States · United States Congress · 10 June 1988
National Competitiveness Policy Act of 1988 - Title I: National Competitiveness Policy - Subtitle A: Declaration of Policy - Sets forth the Congress' findings, purposes, and declaration of national competitiveness policy. Subtitle B: Responsibilities Under the Policy - Requires House of Representatives and Senate reports accompanying bills or joint resolutions to contain a statement prepared by the Director of the Congressional Budget Office detailing: (1) the favorable and adverse effects on the competitiveness of U.S. industries that will result if such legislation is enacted; and (2) any other adverse effects on such industries, other than on U.S. competitiveness, that will result if such legislation is enacted, including the displacement of U.S. workers. Declares that it shall not be in order in the House or the Senate to consider a bill or joint resolution if the accompanying report does not contain such statement. Sets forth provisions relating to executive agency responsibilities with respect to the competitiveness of U.S. industries. Requires such agencies to review their rules and policies for compliance with the requirements of this title. Provides that any specific responsibility of Federal agencies under this Act shall not affect their statutory obligations to comply with U.S. trade agreements. Requires the President to transmit annually to the Congress a National Competitiveness Report summarizing the competitiveness of U.S. industries. Subtitle C: The Council on Competitiveness - Establishes in the Executive Office of the President the Council on Competitiveness. Requires the Council to: (1) assist the President in the preparation of the National Competitiveness Report; and (2) gather, study, and review information regarding the competitiveness of U.S. industries. Title II: Limitation on Regulatory Costs - Provides that it shall not be in order in the House or the Senate to consider any bill or joint resolution (including any amendment) authorizing an executive agency to issue rules if: (1) the enactment of such measure imposes on U.S. industries requirements that adversely affect their production of goods and services of a type imported into or exported from the United States; and (2) substantially equivalent requirements do not adversely affect the production of such goods or services by industries located in major trading partners, and major trade competitors, of the United States. Specifies exceptions to this point of order. Deems certain laws enacted after the enactment of this Act to contain an authorization limiting to $5,000,000 annually the total costs that may be imposed on industries located in the United States by all the rules issued under the authority of such laws. Provides for adjustment of such cost limiting authorizations. Prohibits an executive agency from issuing a rule under such an authorization unless: (1) it submits to the Council on Competitiveness a final estimate of the costs that would be imposed annually on U.S. industries as a result of the rule, if issued; and (2) the Council notifies the executive agency that it accepts or rejects the final estimate; or (3) the period for review of such estimate by the Council expires. Requires the Council, within the 60-day period beginning on the date a final estimate is submitted to it, to notify the executive agency submitting such estimate of its decision to accept or reject such estimate. Requires an executive agency, whenever it issues, and publishes in the Federal Register, a rule with respect to authorizations limiting regulatory costs, to include in such publication: (1) its final regulatory cost estimates, if accepted by the Council; or (2) the calculation of regulatory cost estimates prepared by the Council, if it rejects such estimate. Prohibits an executive agency from issuing a final rule if such rule substantially deviates from the agency's proposed rule. Prohibits a court from having jurisdiction to review: (1) a final regulatory cost estimate accepted by the Council; or (2) a calculation of such estimate of regulatory costs prepared by the Council when it rejects the estimate. Prohibits an executive agency from issuing rules that violate authorizations limiting regulatory costs. Provides for the periodic review of regulatory cost estimates and any calculation of rejected cost estimates, or new calculation of cost estimations proved inaccurate. Requires the Council, with respect to each authorization that limits regulatory costs or is deemed to limit such costs, to: (1) calculate each day the total costs imposed on U.S. industries by each rule issued by an executive agency; and (2) maintain, and revise each day, a tabulation of such total costs for a one-year period. Sets forth the method for calculating such costs.
United States · United States Congress · 8 June 1988
Targeted Relief Disclosure Resolution of 1988 - Amends rule X of the Rules of the House of Representatives to require each report accompanying each bill or joint resolution of a public character reported by the Committee on Ways and Means to identify: (1) each provision which is intended to provide special benefits with respect to five or fewer taxpayers, transactions, events, items of property, projects, or issuances of bonds; (2) each beneficiary of such provision; (3) the Member of Congress who sponsored the inclusion of each such beneficiary; and (4) an estimate by the Joint Committee on Taxation of the loss in revenues resulting from such provision with respect to each such beneficiary for the fiscal year for which such loss in revenues first occurs and each of the five fiscal years thereafter.
United States · United States Congress · 1 June 1988
Requires the Secretary of Commerce to ensure that no member of the armed forces, civilian employee of the United States, or dependent of such member or employee is excluded from any decennial census based on such member or employee being assigned to a post outside the United States.
United States · United States Congress · 25 May 1988
Social Security Work Incentives Act of 1988 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to reduce monthly disability benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Limits the total amount by which an individual's OASDI disability benefits may be reduced if such individual is also eligible for benefits provided under title XVI (Supplemental Security Income) (SSI) of the Act to individuals who perform substantial gainful activity despite severe medical impairment. Prohibits deductions from disability-based child insurance benefits for the recovery of prior overpayments resulting from a failure to reduce such benefits on the basis of earnings. Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients. Continues an individual's entitlement to disability benefits while such individual is under disabled and working status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity, but would otherwise continue to satisfy eligibility requirements. Sets a four-year limit on the Medicare hospital insurance eligibility (under part A of title XVIII of the Act) of individuals who owe their eligibility to their disabled and working status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit. Amends title XIX (Medicaid) of the Act to cover Medicare cost-sharing amounts for individuals of disabled and working status who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 300 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 300 percent of the Federal poverty level. Extends to all recipients of disability-based child's insurance benefits the rule permitting continued entitlement to Medicaid benefits of individuals who would remain eligible for SSI benefits but for their receipt of such child's insurance benefits.
United States · United States Congress · 12 May 1988
Declares that the Congress recognizes the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan between December 8 and December 23, 1941.
United States · United States Congress · 11 May 1988
Congressional and Judicial Equal Employment Opportunity Act of 1988 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative and judicial branches of the Government be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Establishes within the judicial branch an Employment Review Board. Provides that members of the board be appointed from the retired judges of the Supreme Court and Courts of Appeals. Authorizes an aggrieved individual to file a written complaint with the Board. Establishes procedures for the Board to investigate, settle, hear, and determine the claims alleged. Provides that if a violation is found an order for relief may compel the defendant to: (1) employ or reinstate such individual on such terms and conditions as may be appropriate, except that the Board may not compel any committee or Member of Congress to employ or reinstate, or modify the terms and conditions of employment of, any individual; (2) pay compensatory damages; and (3) pay fees and allowances of witnesses and reasonable attorneys' fees. Authorizes the U.S. Court of Appeals for the District of Columbia Circuit to review, enjoin, set aside, suspend, modify, or enforce orders of the Board. Requires members of the Board to submit written reports to the Committee on Standards of Official Conduct of the House of Representatives and the Senate Select Committee on Ethics describing complaints during the reporting period involved.
United States · United States Congress · 5 May 1988
Sunshine Resolution of 1988 - Requires each standing committee of the House of Representatives with subject matter jurisdiction to report to the House on legislation to amend the following laws to make them applicable to the House: (1) the National Labor Relations Act; (2) the Fair Labor Standards Act of 1938; (3) the Occupational Safety and Health Act of 1970; (4) the Equal Pay Act of 1963; (5) the Age Discrimination in Employment Act of 1967; (6) the Freedom of Information Act; (7) the Privacy Act of 1974; (8) title VII of the Civil Rights Act of 1964, relating to equal employment opportunity; (9) the Rehabilitation Act of 1973, as it relates to employment of individuals with handicaps; (10) the section of the Federal criminal code that relates to post-employment conflict of interest; and (11) the chapter of Federal Judiciary and Judicial Procedure that relates to an independent counsel. Sets forth House procedure when such legislation is reported. Amends rule X of the Rules of the House of Representatives to require the ratio of the number of members of each committee (and of each subcommittee, task force, or subunit) to reflect the ratio of majority to minority party Members of the House at the beginning of each Congress. Requires the ratio of each select committee (and of each subcommittee, task force, or subunit) and of each conference committee to reflect the ratio of majority to minority party members at the time of its appointment. Amends rule XI to prohibit any committee from voting by proxy. Amends rule XV to require a roll call vote on any bill, joint resolution, or conference report making appropriations or providing revenue. Amends rule XXI to prohibit the consideration of any bill or resolution making appropriations under the jurisdiction of more than one subcommittee of the Committee on Appropriations if it applies to periods after November 30 of a fiscal year. Authorizes the waiver or suspension of such provision by a 60 percent majority vote of the House. Prohibits an appropriation from being reported in any joint resolution continuing appropriations, or from being an amendment to such resolution, for any expenditure not previously authorized by law, except to continue appropriations for public works and objects which are already in progress. Prohibits any provision changing existing law from being reported in any joint resolution continuing appropriations except germane provisions which retrench expenditures by the reduction of amounts of money covered by the bill. Prohibits any amendment to a joint resolution continuing appropriations if it changes existing law. Declares that no amendment shall be in order during consideration of a joint resolution continuing appropriations proposing a limitation not specifically contained or authorized in existing law for the period of the limitation. Sets forth House floor procedure after a joint resolution continuing appropriations has been read for amendment. Makes it out of order in the House to consider any joint resolution continuing appropriations, or any amendment thereto, which covers a period of more than 90 calendar days. Prohibits any item of appropriation set forth in any joint resolution continuing appropriations from exceeding the lesser of the amount set forth for such item in the House-passed or Senate-passed general appropriation bill for the fiscal year. Declares that the provisions of this Act concerning the use of continuing resolutions may only be waived by a vote of two-thirds of the Members present and voting, a quorum being present. Amends rule XXVII to direct the Clerk of the House to have printed in the Congressional Record the name of each Member who has signed, or withdrawn a signature to, a motion to discharge a committee from the consideration of a public bill or resolution, when 100 Members have signed the motion. Amends rule XXVIII to provide for the inclusion of dissenting views in conference reports. Establishes rule LI to require the Speaker of the House to cause notice of the legislative schedule for the floor of the House for each legislative day to be printed in the Congressional Record at least two legislative days in advance. Establishes rule LII to require that the Congressional Record for the House contain an accurate and verbatim account of remarks actually delivered on the floor together with permitted tables, statistics, and other supporting data. Requires extensions and revisions of remarks to be limited to the correction of grammatical and typographical errors. Requires the insertion of remarks not actually delivered on the floor to be so designated.
United States · United States Congress · 28 April 1988
Defense Savings Act - Directs the Secretary of Defense to: (1) close or realign military installations as recommended by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission; and (2) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines certain conditions to such closures or realignments, including timely notice to the Congress of the Secretary's decision to accept and implement all of the closures and realignments recommended by the Commission. Terminates the authority of the Secretary to carry out any closure or realignment as of October 1, 1995. Directs the Commission, no later than December 31, 1988, to transmit its report to the Secretary and to the appropriate congressional committees with a certification that it has identified all the military installations to be closed or realigned by reviewing all military installations inside the United States. Authorizes the Secretary to: (1) carry out appropriate action to implement any such closure or realignment; (2) provide appropriate economic adjustment and community planning assistance to communities affected by any such closure or realignment; (3) carry out appropriate activities for the purpose of environmental restoration; (4) sell or exchange any real property under the control of the Department of Defense and located at such an installation; and (5) deposit funds received from any such sale or exchange into the Department of Defense Base Closure Account. Outlines administrative procedures in connection with the sale or transfer of property in connection with a closure or realignment to a Federal, State, or local government entity. Requires the Secretary to include specified information concerning such closures or realignments as part of each annual request to the Congress for authorization of appropriations. Requires the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission and to report the findings and conclusions to the Commission and to the appropriate committees of the Congress no later than September 15, 1988. Requires the Secretary to notify the Congress in writing when a decision is made to carry out a construction project to facilitate a closure or realignment and the amount required for such project is greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account and authorizes appropriations to be transferred to such Account. Requires the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, to report to the appropriate congressional committees on the amount and nature of deposits into, and expenditures from, the Account during such fiscal year. Requires another report from the Secretary, no later than 60 days after the termination of the authority of the Secretary to carry out an alignment or closure under this Act, concerning funds used and remaining in such Account.
United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. 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 if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (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. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes 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) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed 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. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 20 April 1988
Expresses the sense of the Congress that the National Economic Commission should adopt the position that the only effective means to balance the Federal budget is to restrain the real rate of Federal spending to a level below the real rate of economic growth without increasing taxes above the current share of the gross national product, unless such revenue increases can be achieved with a reduction in tax rates.
United States · United States Congress · 30 March 1988
Federal Law Enforcement Officers Death Penalty Act of 1988 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. 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 death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. 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, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 30 March 1988
Requires the President to: (1) deploy armed forces equipment and personnel to halt aircraft and vessels carrying narcotics across U.S. borders; (2) deploy radar aircraft for continuous aerial radar coverage of the southern U.S. border during darkness; (3) deploy both rotor and fixed wing aircraft for pursuit and seizure purposes; and (4) use National Guard and Reserve members and U.S. Customs Service and Coast Guard personnel and equipment for purposes of these activities. Prohibits such military personnel from making arrests aboard any aircraft or vessel, unless they are in hot pursuit. Requires the President to withhold Federal funding from any National Guard unit whose State does not cooperate in this drug interdiction program. Requires all program expenses to be borne by the Department of Defense. Requires the President to substantially halt border crossings by narcotic-carrying aircraft and vessels within 45 days after enactment of this Act. Requires the President to: (1) report to the Congress within a specified time; (2) request funds from the Congress for FY 1988 and 1989 for purposes of the program; and (3) submit a request in the budget for the Department of Defense for such funds every year beginning in 1990.
United States · United States Congress · 16 March 1988
Requests the President to issue a proclamation commemorating the 50th anniversary of the Javits-Wagner-O'Day Act, which occurs on June 25, 1988. (The Javits-Wagner-O'Day Act, formerly known as the Wagner-O'Day Act, provides employment and ancillary support services to blind and handicapped individuals.)
United States · United States Congress · 9 March 1988
Job Enhancement for Families Act - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $7,143 the amount of earned income subject to the credit; and (2) increase the credit percentage incrementally from 14 percent to 35 percent, adjusted annually for inflation, as the number of the taxpayer's dependent children increases from one to four or more.
United States · United States Congress · 9 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
Designates the week of June 26 through July 2, 1988, as National Safety Belt Use Week. Authorizes and requests the President to: (1) urge the people to wear safety belts and use child safety seats; and (2) encourage State and local governments and concerned organizations and officials to promote greater use of these safety devices.
United States · United States Congress · 24 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.