United States · United States Congress · 4 May 1988
Amends the Federal Unemployment Tax Act to exempt from State unemployment tax law coverage (providing for payments in lieu of unemployment fund contributions) any service performed in the employ of a tax-exempt private elementary or secondary school that is operated primarily for religious purposes. Applies this exemption retroactively to services performed after 1977.
United States · United States Congress · 26 April 1988
Drug-Free Workplace Act of 1988 - Prohibits any executive agency from making Federal financial assistance available to, or entering into a contract with, any entity (including any educational institution) that fails to maintain drug-free workplaces. Makes such prohibition inapplicable if the executive agency head determines that: (1) the entity in question implemented measures sufficient to maintain drug-free workplaces; or (2) withholding such assistance, or failing to enter into such a contract, would severely disrupt the entity's operation to the detriment of the Federal Government or the general public.
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
Toddler Tax Credit Act of 1988 - Amends the Internal Revenue Code to allow an individual a refundable income tax credit for each dependent child under the age of six. Establishes the credit percentage at: (1) 15 percent for a single qualified dependent; and (2) ten percent for each of three additional qualified dependents. Reduces the credit percentage for taxpayers whose earned income exceeds $8,000 (credit minimum is $750 per qualified dependent) and for taxpayers subject to alternative minimum tax. Directs the Secretary of the Treasury to prescribe tables for determining the credit amount. Applies phase-in amounts for tax years 1989 through 1991. Indexes post-1993 credit amounts. Provides for advance toddler tax credit payments by employers to employees who provide certification of eligibility. Requires taxpayers to file information returns to reflect such payments. Disallows: (1) the earned income tax credit to taxpayers eligible for the toddler tax credit; and (2) application of the dependent care credit in connection with a dependent child under the age of six.
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 · 19 April 1988
Ethics in Congress Act of 1988 - Prohibits a former Member of Congress, within two years after having been a Member, from representing any person by lobbying any employee of any standing committee upon which such Member served during the last term as a Member concerning any matter within the jurisdiction of such committee. Prohibits a former officer of Congress, within two years after such employment has ceased, from representing any person by lobbying any officer or employee of the House of Congress in which the officer was employed. Prohibits a former senior committee employee, within two years after such employment has ceased, from representing any person by lobbying any employee of such committee concerning any matter within the jurisdiction of such committee.
United States · United States Congress · 14 April 1988
Calls upon the President to initiate negotiations with the Republic of Panama to nullify the 1977 Panama Canal Treaties and produce a new treaty which would: (1) maintain U.S. control and operation of the canal operating area; and (2) permanently extend U.S. military base rights in Panama. Expresses the intention of the Congress to withhold funding for the Panama Canal Commission or take other appropriate action if the President does not enter into such negotiations within 90 days after the date of the adoption of this resolution by the Congress.
United States · United States Congress · 13 April 1988
Truth in Federal Spending Act of 1988 - Requires the Director of the Congressional Budget Office to prepare a financial impact statement to accompany each bill, amendment, resolution, or conference report of a public character reported by any committee of the House or Senate or considered on the floor of either House. Requires the statement to express the extent to which enactment of the legislation would result in increased costs to the private sector or to State and local governments. Requires the statement to include a detailed assessment of the annual impact of the legislation (projected annually over a five-year period from its effective date and expressed in monetary terms) on: (1) costs to consumers or business; (2) national employment; (3) the ability of U.S. industries to compete internationally; (4) the ability of affected State and local governments to comply with requirements of the legislation; and (5) outlays by the Federal Government as compared to outlays for the same activity in the current fiscal year. Provides that the financial impact statement may consist of a brief summary assessment if preliminary analysis indicates that the aggregate effect on the four above categories is less than $100,000,000. Requires each regulation or proposed regulation promulgated by an executive department or agency to be accompanied by a financial impact statement and to be published in the Federal Register with such regulation. Prohibits each House of Congress from considering any new spending legislation unless such legislation is voted on simultaneously with other legislation which would reduce outlays or increase receipts, or both, by equivalent amounts.
United States · United States Congress · 31 March 1988
Declares that all human beings, from the moment of conception and without regard to age, health, or condition of dependency, are persons entitled to the guarantees contained in the fifth, 13th, and 14th amendments to the Constitution. Prohibits abortion.
United States · United States Congress · 30 March 1988
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 29 March 1988
Requires the President to report to the Congress each month on the extent to which the Government of Nicaragua is undertaking the reforms which are necessary to promote democracy in compliance with the Guatemala Peace Accord of August 7, 1987. Specifies reforms to be discussed in such report including the extent to which that Government has: (1) undertaken efforts to ensure freedom of expression, association, movement, and religion; (2) reinstated due process and fair trials; (3) ended torture; (4) ended jailing of opposition party activists; and (5) ensured press, labor, campesino, and Indian and Creole rights.
United States · United States Congress · 24 March 1988
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 24 March 1988
Defines temporary or seasonal work, with respect to temporary agricultural worker classification under the H-2A program, to include both the production of agricultural commodities and the breeding and market preparation of livestock and poultry. Requires annual certification of workers whose employment demands their continuous presence in the United States for 12 months or more.
United States · United States Congress · 22 March 1988
Authorizes the Secretary of the Interior to construct, operate, test, and maintain the Lake Meredith Salinity Control Project, New Mexico and Texas, to improve the quality of water to the Canadian River downstream of Ute Reservoir, New Mexico, and entering Lake Meredith, Texas. Authorizes the Secretary to enter into a contract with the Canadian River Municipal Water Authority of Texas (Authority) for the design and construction management of project facilities by the Bureau of Reclamation and for the payment of construction costs by the Authority. Makes it the responsibility of the Authority to operate and maintain the facilities upon completion of construction and testing. Requires the Authority to advance all costs of construction of project facilities as the non-Federal contribution. Declares the Federal share to be all project costs for verification, design preparation, and construction management. Provides for transferring control of the project works to the Authority or to a bona fide entity agreeable to New Mexico and Texas upon completion of construction and testing, or upon termination of activities at the request of the Authority. Authorizes appropriations.
United States · United States Congress · 17 March 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels by a producer or importer for use by the purchaser in a nontaxable use (defined to include, among other uses, any off-highway business use, use as supplies for vessels or aircraft, State or local governmental use, and use by a nonprofit educational organization). Permits the exemption only if both the seller and purchaser have registered with the Secretary of the Treasury. Requires producers, importers, and purchasers taking part in reduced-tax sales to file with the Secretary information returns containing specified data. Requires producers and importers, in addition, to furnish corresponding statements to their purchasers. Establishes penalties for failure to file required returns.
United States · United States Congress · 16 March 1988
Amends Federal law to direct the President to annually proclaim the first Thursday in May as a National Day of Prayer. (Current law directs the President to set aside and proclaim a suitable day each year, other than a Sunday, for such purpose.)
United States · United States Congress · 9 March 1988
Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman's certificate to any person whose certificate has been revoked for activities relating to controlled substances. (Current law limits such prohibition to a five-year period beginning on the date of revocation.)
United States · United States Congress · 9 March 1988
Amends the Commercial Motor Vehicle Safety Act of 1986 to provide that its requirements do not apply to motor vehicles used solely for firefighting, emergency rescue, or medical purposes.
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
Amends the Federal Aviation Act of 1958 to prohibit the imposition or increase of any airport landing fee or comparable facilities use charge if the Governors of two or more States request review of the fee or charge, unless the Secretary of Transportation has approved such imposition. Prescribes such a review procedure. Applies this Act to any airport at which facility construction or maintenance has been implemented in whole or in part with funds provided under the Airport and Airway Improvement Act of 1982.
United States · United States Congress · 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 · 2 March 1988
Expresses the sense of the House of Representatives that: (1) the proposed loan by the International Bank for Reconstruction and Development for Mexico's steel industry is not in the best interests of the United States or in the best interests of Mexico's economic revitalization; and (2) the United States should use its best efforts to prevent approval of such loan.
United States · United States Congress · 1 March 1988
Calls upon the President to: (1) maintain U.S. military and humanitarian assistance to the Afghan resistance until the Soviet Union withdraws its forces from Afghanistan; and (2) ensure that any political solution to the war in Afghanistan guarantees the self-determination of the Afghan people.
United States · United States Congress · 25 February 1988
Amends Internal Revenue Code accounting provisions to revise the definition of "passive activity" to exclude the rental real estate activity of any individual: (1) whose work time is at least 50 percent devoted to real estate trade or business activities; and (2) whose average earned income for the three preceding taxable years is at least 50 percent attributable to such activities.
United States · United States Congress · 24 February 1988
Amends the Internal Revenue Code to exempt from the excise tax on diesel and aviation fuels any sales of fuel for exclusive State or local governmental use. (Under current law, the Secretary of the Treasury is authorized to issue regulations exempting such sales.) Prohibits the Secretary from requiring reporting or registration in connection with this tax exemption and exempt sales.
United States · United States Congress · 24 February 1988
Repeals specified provisions of the Tax Reform Act of 1986 that eliminated income averaging. Provides that the Internal Revenue Code (IRC) be applied and administered as if such provisions had not been enacted. Amends the IRC to restore income averaging for a person: (1) actively engaged in the trade or business of farming, including aquaculture; and (2) whose average annual gross income for the three preceding taxable years is at least 50 percent attributable to farming.
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.
United States · United States Congress · 3 February 1988
Amends the Internal Revenue Code to exempt from the required application of uniform inventory cost capitalization rules any animal produced in a farming business, regardless of the animal's preproductive period.
United States · United States Congress · 2 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 · 2 February 1988
Amends the Toxic Substances Control Act to change to November 1, 1989 (or February 1, 1990, if no regulations have been promulgated by the Administrator of the Environmental Protection Agency) the date by which a local educational agency (LEA) must submit an asbestos management plan developed pursuant to regulations under such Act to the Governor of the State. Changes to August 1, 1990, the date by which each LEA must begin the implementation of such plan. Changes to May 1, 1989, the date by which the LEA must inspect for asbestos-containing material in each school building under its authority. Changes to November 1, 1989, the date by which such LEAs must implement an operation and maintenance plan with respect to friable asbestos-containing material in school buildings. Changes to February 1, 1990, the date by which LEAs must develop an asbestos management plan for submission to the Governor of the State.
United States · United States Congress · 27 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes or for any other use not as a fuel in a diesel-powered highway vehicle or train. (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 · 25 January 1988
Removes the earmark of a specified amount of funds appropriated to the Department of State by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 for the construction of educational facilities for North African Jewish refugees in France.
United States · United States Congress · 22 December 1987
Nuclear Waste Transportation Act of 1987 - Amends the Hazardous Materials Transportation Act to add a new Subtitle B: Transportation of High Level Radioactive Waste and Spent Nuclear Fuel, to provide that a package design shall be selected by the Secretary of Transportation only after the Nuclear Regulatory Commission (NRC) has certified that physical tests on full scale models demonstrate the package design's compliance with the Commission's safety criteria. Requires the Secretary to report to the Congress within one year of the date of enactment of this Act on whether foreign package design safety standards should be adopted in the United States. Directs the NRC to conduct public hearings on the adequacy of the design standards and tests for packages used in radioactive waste transportation. Requires the Secretary to: (1) promulgate regulations that encourage the transportation of high level radioactive waste and spent nuclear fuel by rail and discourage the transportation of such materials by truck; and (2) establish a licensing program for all persons involved in radioactive waste transportation. Prescribes application procedures, including a requirement for an emergency response and mitigation plan outlining procedures for the unintended release of radioactive waste. Requires the Secretary to prepare an environmental assessment prior to issuing a radioactive waste transportation license. Prohibits the Secretary from approving a radioactive waste transportation route through an area designated by the Bureau of the Census as an urbanized area if local officials of the affected area recommend a significantly safer route. Authorizes the States and Indian tribes to impose regulations regarding radioactive waste transportation through their jurisdictions. Prescribes deadlines for the Secretary's prompt response to license applications. States that funding for activities under this Act shall be derived from the Nuclear Waste Fund.
![Official portrait of Rep. Boulter, Beau [R-TX-13]](https://www.congress.gov/img/member/b000666_200.jpg)