United States · United States Congress · 26 May 1988
Department of Justice Appropriation Authorization Act, Fiscal Years 1989 and 1990 - Title I: Authorization of Appropriations - Authorizes appropriations for FY 1989 and 1990 to the Department of Justice (DOJ) for: (1) general administration; (2) the U.S. Parole Commission; (3) general legal activities, including sums for the investigation and prosecution of denaturalization and deportation cases involving alleged Nazi war criminals; (4) the Antitrust Division; (5) the Foreign Claims Settlement Commission of the United States; (6) the U.S. Marshals Service; (7) the support of U.S. prisoners in non-Federal institutions; (8) fees and expenses of witnesses; (9) the Community Relations Service; (10) U.S. Attorneys; (11) the United States Trustee System Fund; (12) the Assets Forfeiture Fund; (13) the Federal Bureau of Investigation (FBI); (14) the Drug Enforcement Administration (DEA); (15) the Immigration and Naturalization Service (INS); and (16) the Federal Prison System. Allows the use of certain funds for official reception and representation expenses. Authorizes for FY 1989 and 1990 sums necessary for increases in salary, pay, employee benefits, and other nondiscretionary costs. Provides for requests for additional funds by the Attorney General for FY 1990. Title II: General Authority for Fiscal Years 1989 and 1990 - Authorizes the use of appropriated funds for: (1) travel expenses; (2) construction of law enforcement facilities and equipment; (3) the lease or purchase of motor vehicles; (4) the purchase of firearms and ammunition; (5) the lease of real estate for conducting surveillance or collecting foreign intelligence or counterintelligence; (6) the acquisition, maintenance, and operation of aircraft; (7) miscellaneous and emergency expenses; (8) official reception and representation expenses; (9) meetings; (10) training of foreign law enforcement personnel; (11) services of consultants and translators; (12) the payment of rewards; (13) insurance; (14) benefits for employees serving overseas; and (15) assistance with respect to Cuban and Haitian entrants. Provides guidelines for the use of appropriations by the Attorney General for: (1) the FBI; (2) the DEA; (3) the INS; (4) the Bureau of Prisons; and (5) the U.S. Marshals Service. Authorizes the Foreign Claims Settlement Commission to hire passenger motor vehicles, purchase insurance, and advance funds, employ aliens, and acquire living quarters abroad. Authorizes the United States Parole Commission and the Federal Prison Industries, Incorporated, to hire passenger motor vehicles, and authorizes the latter corporation to make certain expenditures and contracts. Requires the Attorney General to submit reports in FY 1989 and 1990 to certain congressional committees regarding all training of foreign law enforcement personnel conducted by the DOJ with funds authorized to be appropriated by this Act, specifying the number, by country, of such personnel, the agencies to which they were assigned in their home countries, the training locations, and the nature and extent of training. Specifies authorized uses of sums appropriated for FBI and DEA undercover investigative operations. Directs the FBI and DEA to conduct a detailed financial audit of each undercover investigative operation which is closed in FY 1989 or 1990, submit the audit results to the Attorney General, and submit a report to the Congress. Directs the FBI and the DEA to submit annual reports to the Congress providing specified information concerning the number, by programs, of undercover investigative operations pending, commenced, and closed over a one-year period, and the results of such operations. Requires periodic evaluations by the Attorney General of the overall efficiency and effectiveness of DOJ programs and annual specific program evaluations of selected subordinate organizations' programs, as determined by the priorities set either by the Congress or the Attorney General. Sets forth requirements for reprogramming of funds following written notification to the Congress. Requires a report to the Congress whenever, in FY 1989 or 1990, the Attorney General determines that the DOJ will contest, or refrain from defending, any provision of law enacted by the Congress in any proceeding because the position of the DOJ is that such provision is unconstitutional. Provides that in any proceeding in which the Attorney General (or any other DOJ officer on his authority) makes such a determination, any DOJ officer or employee makes such a decision, or the Attorney General determines that the DOJ will bring, or authorizes the bringing of, an action contesting the validity of any provision of law enacted by the Congress, the Attorney General shall not proceed in the name of the United States. Requires that such representation be in the name of the agency or department on whose behalf the Attorney General appears, or if he appears on behalf of the President, in the name of the President. Prohibits the use of funds appropriated under this Act to: (1) overturn or alter the per se prohibition against resale price maintenance in effect under Federal antitrust laws; (2) contract for the general management or overall operation of a penal or correctional institution; and (3) administer, or require that any individual take, a polygraph examination, unless administered in connection with an investigation of a specific incident involving a violation of law.
United States · United States Congress · 26 May 1988
Expresses the sense of the House of Representatives that the United States should not provide any agricultural commodities under the Food for Peace Act of 1966 or any other economic assistance to Vietnam until the Government of Vietnam fully accounts for all members of the U.S. armed forces of the Vietnam era still listed as missing.
United States · United States Congress · 25 May 1988
Plant-Opening and Jobs Creation Act of 1988 - Title I: General Tax Incentives - Amends the Internal Revenue Code to reduce the tax rate on capital gains realized by corporations from: (1) 34 percent to 15 percent in the case of the alternative tax; and (2) 20 percent to 15 percent in the case of the minimum tax. Restores the permitted exclusion from the gross income of an employee of up to $5,250 of educational assistance provided under an employer's educational assistance program. (Under current law the exclusion expired as of January 1, 1988.) Eliminates the increase in both employer and employee tax rates under the Federal Insurance Contributions Act (social security taxes) scheduled to go into effect in 1990 and thereafter. Reduces the unemployment tax rate from 6.2 percent to 6.0 percent as of 1989. (Under current law the reduction becomes effective in 1991). Title II: Enterprise Zones - Enterprise Zone Development and Employment Act of 1988 - Subtitle A: Designation of Enterprise Zones - Provides for the designation of enterprise zones by the Secretary of Housing and Urban Development (Secretary) for purposes of providing tax and regulatory relief and improving local services. Specifies that States and local governments shall nominate areas for designation. Limits to 100 the total number of areas that may be designated as enterprise zones. Limits the period during which: (1) the Secretary has authority to designate zones; and (2) the designations may remain in effect. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to residents of the area. Describes areas to which the Secretary must give preference in selecting nominated areas for designation as enterprise zones. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Subtitle B: Federal Income Tax Incentives - Part I: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the amount of such credit at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Part II: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits the credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, and be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during that period. Requires the recapture of such credit upon the early disposition of the property. Part III: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property if, within one year after such sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within such a zone). Part IV: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Requires that the gain from the disposition of the stock be treated as ordinary income. Includes recapture provisions. Part V: Rules Relating to Private Activity Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Modifies certain small issue volume limitations with respect to enterprise zone facilities. Part VI: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses that become worthless during the taxable year. Part VII: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Part VIII: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Part IX: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. Subtitle C: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and to consolidate all periodic reports required under such programs into one summary report. Subtitle D: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones. Title III: Trade Provisions - Subtitle A: Expanded Trade Negotiating Authority - Directs the President to begin negotiations with Mexico, the Caribbean Basin countries, and Canada to establish a North American free trade area. Requires any agreement reached through such negotiations to be reciprocal and to provide mutual reductions in trade barriers. Authorizes the President to enter into bilateral and multilateral trade agreements with foreign countries to establish expanded trade areas. Requires any agreement to ensure a mutual and reciprocal reduction of tariff and nontariff trade barriers. Authorizes the President to enter into trade agreements with any developing country for the purpose of establishing expanded trade areas and ultimately promoting a reciprocal reduction in trade barriers. Requires such agreements to provide for a gradual (within five years) reduction or elimination of tariff and nontariff trade barriers by the developing country. Authorizes the President to enter into such an agreement only if specified determinations are made. Requires termination or suspension of the agreement if the developing country fails to carry out its obligations under the agreement. Authorizes the President to enter into any multilateral trade agreement resulting from the Uruguay round of trade negotiations conducted under the General Agreement on Tariffs and Trade. Authorizes the President to exclude from any agreements negotiated under this title any article if such exclusion is necessary to achieve an agreement for an expanded trade area. Sets forth the requirements for implementation of trade agreements entered into under this title, including congressional oversight provisions. Subtitle B: Elimination of Unfair Trade Practices and Barriers to Trade - Requires the President, upon the determination that a foreign country consistently engages in unfair trade practices identified in a specified report, to: (1) suspend or terminate any negotiations with such country under Subtitle A if insufficient progress is being made in obtaining an agreement to expand trade; (2) initiate negotiations with any other country whose exports compete with the exports of such country in order to establish an expanded trade area with the other country; or (3) expedite any existing negotiations under Subtitle A with any other country whose exports compete with the exports of such country in order to establish an expanded trade area with the other country. Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to conduct an annual study concerning enumerated issues relating to both domestic and foreign trade barriers and their effect on U.S. commerce. Subtitle C: Anti-Protectionism and Trade Promotion - Requires the Director of the Congressional Budget Office to prepare for each bill or joint resolution reported by any congressional committee that may affect international trade an estimate of its costs and effects with respect to U.S. consumers. Requires these estimates to be submitted to the appropriate committees and to be included in their reports. Declares that it shall not be in order for either House of the Congress to consider any bill or joint resolution if the committee report does not contain such estimate. Requires the Secretary of the Treasury to submit annually to the USTR, a list, by country, of current loan disbursements and any loan applications that are likely to be brought before loan review committees of multilateral development banks during the calendar year. Requires the USTR to identify the foreign countries on that list that take actions or maintain policies that restrict the sale of U.S. products in their markets or provide an unfair economic advantage for their products over U.S. products. Requires the Secretary and the USTR jointly to develop recommendations of trade liberalization actions for these countries. Directs the Secretary to instruct the U.S. executive director of each multilateral development bank and of the International Monetary Fund to: (1) oppose loans to any country on the list that refuses to accept the trade liberalization recommendations; and (2) oppose any "drawing" of any approved loan by such a country if it has failed to carry out the trade liberalization recommendations developed as a condition of the loan. Subtitle D: Provisions Relating to Intellectual Property, Etc. - Part I: Countries that Deny Adequate and Effective Protection - Amends the Trade Act of 1974 to require the USTR to publish annually: (1) a list identifying foreign countries that deny adequate and effective protection of intellectual property rights or deny fair market access to U.S. persons who rely upon intellectual property protection; and (2) a list of the identified countries that the USTR determines to be countries that have the most onerous policies or practices in this regard and that are not entering into good faith negotiations or making significant progress to provide intellectual property protection. Provides for deletions and additions to the listing and for publication in the Federal Register of the identified countries. Part II: Protection under Tariff Act - Amends the Tariff Act of 1930 to include as unfair methods of competition and unfair import practices, but only in connection with products of already-established U.S. industries, the importation or sale of: (1) articles whose form or manufacturing process infringes a valid U.S. patent or trademark; or (2) a semiconductor chip product that infringes a U.S. registered mask work. Permits persons aggrieved by unfair import trade practices to petition the International Trade Commission to issue an order to exclude the article in question from entry into the United States during investigation. Increases civil monetary penalties for violations of Commission cease-and-desist orders. Provides for injunctions and for a general exclusion of an article from entry in cases when an alleged violator fails to answer a complaint or respond to an investigation. Permits the Commission, subject to notice and hearing requirements, to order the forfeiture of articles that violate proper import trade practices.
United States · United States Congress · 25 May 1988
Manassas National Battlefield Park Amendments of 1988 - Provides for the acquisition of additional lands for the Manassas National Battlefield Park in Virginia. Requires the Secretary of the Interior to cooperate with the Commonwealth of Virginia to promote the scenic preservation of views from within the park. Authorizes appropriations for the construction of a highway in the vicinity of the park. Limits to 50 percent the Federal share of the cost of construction of such highway.
United States · United States Congress · 24 May 1988
Amends the Internal Revenue Code to extend the low-income housing credit through 1990. (Under current law the credit is due to expire on December 31, 1989.)
United States · United States Congress · 12 May 1988
Postal Responsibility Act of 1988 - Permits claims to be brought against the United States Postal Service based on the loss, miscarriage, or negligent transmission of first class mail and express mail.
United States · United States Congress · 12 May 1988
Deems a named individual to be a U.S. citizen under the Immigration and Nationality Act for purposes of filing a petition for naturalization on behalf of her adopted daughter.
United States · United States Congress · 12 May 1988
Designates the period of July 25 through July 31, 1988, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1988, in honor of those Americans who died as a result of their service in Korea.
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
Amends the Immigration and Nationality Act to relieve labor recruiters and referrers from the requirements of the (alien) employment verification system.
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 · 27 April 1988
Amends the Internal Revenue Code to provide that the income tax rules requiring cost capitalization shall not apply in connection with the qualified artistic work expenses of freelance writers, artists, and photographers. Excludes from qualified expenses those related to printing, photographic plates, motion picture films, video tapes, and similar items. Applies the same exemption with respect to qualified indirect costs of certain film producers, not including any direct costs of a motion picture film or video tape.
United States · United States Congress · 27 April 1988
Directs the Attorney General, in coordination with the Secretary of State, to provide visa (H-1) extensions of at least one year for alien nurses whose visas expire between January 1, 1988, and September 30, 1989.
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 · 31 March 1988
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit any person from dumping sewage sludge into the ocean without having obtained from the Administrator of the Environmental Protection Agency a permit imposing a special disposal fee for each dry ton dumped. Requires permittees to: (1) deposit 75 percent of such fees in a trust account for subsequent use on projects to eliminate ocean dumping after 1992; (2) pay 15 percent of such fees to the Administrator for sludge disposal research, reporting, and permit activities; and (3) pay ten percent of such fees to the Department in which the Coast Guard is operating for use by the Coast Guard in enforcing sewage sludge ocean dumping laws. Authorizes the Administrator to waive the fee requirement for permittees who have entered into a compliance agreement with the Administrator which phases out and terminates ocean dumping of sewage sludge by 1993 and sets forth a schedule for the implementation of an alternate sludge disposal system. Directs the Administrator to report to the Congress at six-month intervals on land-based disposal options for sewage sludge and the progress made by permittees toward the cessation of ocean dumping of such sludge. Outlaws the ocean dumping of municipal sludge after 1992. Imposes a civil fine for each dry ton of sludge dumped in violation of this Act's requirements.
United States · United States Congress · 30 March 1988
Cable Subscriber Protection Act of 1988 - Amends Federal copyright laws to subject certain secondary transmissions by cable systems to compulsory licensing if: (1) such transmissions take place entirely within the local service area of the primary transmitter and the cable system complies with specified requirements of the Communications Act of 1934; or (2) such transmission takes place wholly or partially beyond the local service area of the primary transmitter. Requires in both instances that carriage of the signals be permissible under Federal Communications Commission rules. Amends the Communications Act of 1934 to define the must-carry requirements with which cable service providers must comply. Redefines "local service area of a primary transmitter."
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 · 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
Designates the Federal office building located at the corner of Locust Street and West Cumberland Avenue in Knoxville, Tennessee, as the John J. Duncan Federal Office Building.
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 · 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 · 15 March 1988
Truth in Government Spending Act - Amends the Internal Revenue Code to direct the Secretary of the Treasury to include on the first page of instruction booklets for individual income tax returns a graphic presentation, in a prescribed form, depicting the following fiscal year information on an individual taxpayer basis: (1) the previous balance of the public debt and resultant interest incurred; and (2) purchase and payments information with respect to specific categories, including defense, agricultural subsidies, foreign aid, criminal justice, welfare, social security, and Medicare.
United States · United States Congress · 14 March 1988
Expresses the sense of the House of Representatives that FY 1989 funding for Federal-aid highway and mass transit programs should be at levels established by the Surface Transportation and Uniform Relocation Assistance Act of 1987.
United States · United States Congress · 10 March 1988
Authorizes the Administrator of Veterans Affairs to establish a program for the discounted sale of real property, manufactured homes, and lots to which a manufactured home is affixed which have been acquired by foreclosure and held for an extended time by the Veterans Administration. Limits such sales to veterans who are eligible for housing loan benefits. Allows such property to be sold at: (1) not less than 80 percent of the regular price for property offered for sale for at least three months but less than seven months; (2) not less than 75 percent of the regular price of property offered for sale for at least seven months but less than a year; and (3) not less than 70 percent of the regular price for property offered for sale for at least one year.
United States · United States Congress · 10 March 1988
Expresses the sense of the Congress that the Secretary of Transportation (the Secretary) should: (1) investigate the management of Texas Air Corporation and Eastern Air Lines since the acquisition of Eastern by Texas Air to determine (according to prescribed guidelines) the effect of such management upon the public interest; (2) use the investigation findings as a basis for decisions in pending and future cases involving proposed changes in domestic and international operations of Eastern; (3) not authorize the operation of any entity as a subsidiary of Texas Air in performing any air transportation operations until completion of a review to determine whether such performance is consistent with the public interest; (4) not authorize any Texas Air subsidiary to engage in air transportation until the application for such certificate has been reviewed; (5) not authorize Orion Air to provide contract services with Eastern unless Orion establishes conclusively its capability of conducting such operations with the highest degree of safety; (6) not expedite consideration of Orion's request to operate under contract with Eastern by diverting employees of the Department of Transportation or the Federal Aviation Administration from their responsibilities of ensuring the safety of previously authorized operations; and (7) require, as a condition of any approval of Orion's request to operate under contract with Eastern, that purchasers of tickets for such service must be informed at the time of making reservations of the identity of the carrier having operational responsibility for such service.
United States · United States Congress · 9 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 · 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
Amends Federal law to authorize the Secretary of the Treasury, with the approval of the President, to issue educational savings bonds, a form of non-transferable savings bond that: (1) pays interest only if redeemed after 12 months of issuance; and (2) ceases to bear interest at the end of the 20th year after issuance. Amends the Internal Revenue Code to exclude from the gross income of an individual any interest on educational savings bonds redeemed within 300 months of issuance to the extent: (1) the aggregate face amount of the bonds is $2,000 or less; and (2) the interest is used to pay the higher education expenses (tuition, fees, books, supplies, meals, and lodging) of a dependent at either an institution of higher education or a vocational school.
United States · United States Congress · 25 February 1988
Repeals a provision of the Omnibus Budget Reconciliation Act of 1987 which includes employee tips within the wages on which employer social security taxes are based.
![Official portrait of Rep. Gingrich, Newt [R-GA-6]](https://www.congress.gov/img/member/g000225_200.jpg)