United States · United States Congress · 1 June 1988
Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for such proceedings and the effect of such debarment. Requires grantees or contractors, within 90 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) terminate or suspend such employee's employment in accordance with applicable law and collective bargaining agreements; or (2) give such employee the opportunity to participate in an approved drug rehabilitation program. Provides for exceptions to the requirements of this Act in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this Act.
United States · United States Congress · 26 May 1988
Expresses the sense of the Congress that the President should establish a special commission on travel and tourism to: (1) study the developed and underdeveloped U.S. travel and tourism markets; and (2) make recommendations to the President and the Congress on ways to increase the U.S. market share of international tourism.
United States · United States Congress · 25 May 1988
Social Security Work Incentives Act of 1988 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to reduce monthly disability benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Limits the total amount by which an individual's OASDI disability benefits may be reduced if such individual is also eligible for benefits provided under title XVI (Supplemental Security Income) (SSI) of the Act to individuals who perform substantial gainful activity despite severe medical impairment. Prohibits deductions from disability-based child insurance benefits for the recovery of prior overpayments resulting from a failure to reduce such benefits on the basis of earnings. Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients. Continues an individual's entitlement to disability benefits while such individual is under disabled and working status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity, but would otherwise continue to satisfy eligibility requirements. Sets a four-year limit on the Medicare hospital insurance eligibility (under part A of title XVIII of the Act) of individuals who owe their eligibility to their disabled and working status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit. Amends title XIX (Medicaid) of the Act to cover Medicare cost-sharing amounts for individuals of disabled and working status who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 300 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 300 percent of the Federal poverty level. Extends to all recipients of disability-based child's insurance benefits the rule permitting continued entitlement to Medicaid benefits of individuals who would remain eligible for SSI benefits but for their receipt of such child's insurance benefits.
United States · United States Congress · 19 May 1988
Protests Soviet human rights violations, especially its restrictive emigration regulations. Calls upon: (1) the Soviet Union to release all prisoners of conscience; and (2) the President to stress at the upcoming summit meeting in Moscow the inherent link between respect for human rights and the achievement of lasting peace.
United States · United States Congress · 17 May 1988
Older Americans Child Care Employment Amendments of 1988 - Amends the Older Americans Community Service Employment Act to require the Secretary of Labor to enter into agreements with public or private nonprofit agencies or organizations for the conduct of no more than 100 experimental projects employing individuals who are age 55 or older in providing day care to children. Requires that such agencies or organizations: (1) receive one-third of their funding from non-Federal sources; (2) charge families a day care fee which is proportional to their financial resources; (3) provide day care in facilities other than private residences; and (4) be subject to the most comprehensive State licensing requirements or regulatory standards applicable to similar day care providers in the State. Prohibits the making of grants pursuant to this Act to more than two agencies or organizations in each State in any fiscal year. Authorizes appropriations for such projects.
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 · 4 May 1988
Designates specified land as the Manassas National Battlefield Addition. Directs the Secretary of the Interior to acquire land within the boundaries of the Addition and to administer such lands as part of the Manassas National Battlefield Park, Virginia. Authorizes appropriations.
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 · 28 April 1988
Protests Soviet human rights violations, especially the restrictive emigration regulations. Calls upon the President to use the upcoming summit meeting in Moscow to stress the inherent link between respect for human rights and the achievement of lasting peace.
United States · United States Congress · 26 April 1988
Recycling Information Clearinghouse Act of 1988 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency to establish a clearinghouse for information about the recycling of municipal solid waste, to be administered by the Office of Solid Waste. Requires that the information collected and disseminated to the public by such clearinghouse include: (1) an annual estimate of the volume and rate of recycling of materials from the municipal solid waste stream; (2) an annual estimate of the balance of trade in recycled materials and products; (3) economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream; (4) a catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream; (5) a list of all purchases of recycled materials or products by the Federal Government, organized by agency and the type of recycled materials or products purchased; (6) a register announcing all solicitations by Federal agencies for the purchase of recycled materials or products; and (7) information about state-of-the-art recycling methods, programs, or technologies. Requires that a toll-free telephone hotline be established and made available to those seeking information from the clearinghouse. Provides that, to the extent feasible, such information should be computerized to facilitate its analysis and retrieval. Authorizes appropriations for such clearinghouse.
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 · 18 April 1988
Expresses the sense of the Congress that: (1) the United States Trade Representative (USTR) is commended for initiating an unfair trade practice investigation with respect to the petition filed by the American Soybean Association for the enforcement of trade benefits under a trade agreement; (2) the USTR should pursue its investigation of the alleged unfair trade practices contained in such petition; and (3) the President should use his authority to enforce trade agreements under the Trade Act of 1974 to restore the benefits due the U.S. soybean industry as a result of the European Community agreement to provide duty-free treatment for U.S. soybean products.
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
Directs the Secretary of the Army, acting through the Chief of Engineers, in planning any water resources project to give consideration to the impact of the project to present and future recreational uses and commercial development in the area surrounding the project.
United States · United States Congress · 31 March 1988
Amends the Consolidated Farm and Rural Development Act to prohibit the Secretary of Agriculture from providing new or extending existing financial assistance to persons who have defaulted on loans made under such Act, or whose loans have been restructured and remain outstanding.
United States · United States Congress · 30 March 1988
Medical Testing Improvement Act of 1988 - Amends title III (General Powers and Duties) of the Public Health Service Act to remove references to interstate commerce from provisions prohibiting operating a laboratory without a license issued by the Secretary of Health and Human Services. Repeals provisions exempting from statutes regulating laboratories those laboratories operated by physicians, osteopaths, dentists, or podiatrists solely as an adjunct to the treatment of their own patients. Requires an annual inspection of laboratories to insure compliance with standards issued by the Secretary. Requires laboratories to qualify under a quarterly proficiency testing program established by the Secretary, including testing for each category of test which the laboratory is authorized to perform under its license. Requires the Secretary to maintain a technical and staff capacity to provide training and technical assistance to laboratories requesting such service and to laboratories which do not qualify under the proficiency testing program. Allows the proficiency testing to be performed by a private entity only if the entity meets standards established by the Centers for Disease Control. Requires the Secretary to maintain the capacity to conduct the testing. Makes laboratory licenses issued by the Secretary valid for one year instead of three years. Removes the cap on the fee for issuance or renewal of licenses. Directs the Secretary to make grants to a State which enacts laws providing for standards equal to or more stringent than under the provisions amended by this Act to assist the State in implementing the laws.
United States · United States Congress · 30 March 1988
Federal Law Enforcement Officers Death Penalty Act of 1988 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 29 March 1988
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that primary emphasis of development activities to restore the renewable natural resource base shall be on small-scale, affordable, low-risk local projects featuring close consultation with, and involvement of, local people at all stages of project design and implementation. Requires the President to submit the plan to the Congress by July 1, 1989. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1989, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1989, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
United States · United States Congress · 22 March 1988
Renewable Energy and Energy Conservation Commercialization and Development Act - Requires the Secretary of Energy to establish specific technical research and development performance goals for Department of Energy programs relating to: (1) photovoltaics; (2) wind; (3) solar thermal; (4) biofuels; (5) solar building and energy systems; (6) ocean energy systems; and (7) geothermal energy. Mandates that such goals be designed to promote significant further commercial applications by 1995. Requires the Secretary to report annually to the Congress with respect to biennial technical performance goal reviews and updates. Requires the Secretary to include in the FY 1990 budget request funding for at least three commercial demonstration projects involving renewable energy technologies. States that 50 percent of such project costs shall be funded by the United States and 50 percent shall be funded by the private sector. Cites circumstances under which the United States may fund up to 66 percent of such project costs. Authorizes appropriations for FY 1989 through 1991 for: (1) specified renewable energy programs; (2) energy conservation research and development programs; and (3) a Federal interagency working group (established under the Energy Policy and Conservation Act to make recommendations regarding the coordination of Federal programs affecting commerce in renewable energy products and related services). Requires that each annual submission of the National Energy Policy Plan be accompanied by a three-year strategic plan for energy technology research, including energy efficiency and renewable energy.
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
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
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 · 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 · 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.
United States · United States Congress · 24 February 1988
Child Care Services Improvement Act of 1988 - Title I: Child Care Block Grant - Amends the Public Health Service Act to establish a child care services block grant program. Authorizes appropriations for FY 1989 through 1991 for allotments to States to carry out specified child care services activities. Provides for State allotments on the basis of numbers of children under age 12 and numbers of such children living in households with an income not greater than 200 percent of the poverty level. Provides for additional allotments under specified circumstances. Requires States to use allotment payments to make grants to eligible entities for specified projects. Includes among eligible entities: (1) local government units, including school districts; (2) nonprofit organizations; (3) professional or employee associations; (4) consortia of small businesses; (5) higher education institutions; (6) hospitals or health care facilities; (7) family care providers; (8) parents, to use for employment- or education-related child care expenses; or (9) entities that the State considers able and appropriate to carry out a project under this title. Includes among such projects: (1) child care certificate programs or scholarships to enable low income families to obtain adequate child care; (2) community or neighborhood child care centers, including renovation of public buildings for such purpose; (3) after-school child care programs; (4) grants or loans for start-up costs of employer-sponsored child care programs; (5) training programs for child care providers; (6) temporary care of sick children unable to attend child care programs in which they are enrolled; (7) expansion of existing part-day child care programs into full-day child care programs; (8) child care programs for homeless children; (9) linking of child care programs with programs to assist the elderly; or (10) any project consistent with the purposes of this Act. Sets forth limitations on the use of such funds and waivers of such limitations. Directs the Secretary of Health and Human Services (HHS) to provide technical assistance to States in planning and operating activities under this title. Sets forth provisions for State administration of such funds. Requires States, in order to receive such funds, to certify that they will: (1) coordinate the provision of child care services with other available child care services; (2) agree that such funds will be used to supplement, not supplant, non-Federal funds; (3) establish an advisory council on child care; (4) adopt standards of accreditation or licensing for family-based and group child care providers, and methods of inspection and certification based on such standards; (5) require unaccredited or unlicensed family or home-based child care providers, in order to redeem child care certificates, to register and then to become fully licensed or accredited within two years; and (6) regularly evaluate the impact of its distribution of funds on the quality and availability of child care. Requires annual State reports to the Secretary on the use of such funds, including specified information on child care in the State. Directs the Secretary of HHS to submit to the Congress an annual summary of such reports, with an analysis of particularly innovative and effective programs and an analysis of efforts to regulate unlicensed child care providers. Sets forth grant application requirements for eligible entities. Requires assessment of proportional income-based fees, parental involvement, and the meeting of State quality standards. Requires grantees to fund between ten and 50 percent of the project cost with non-Federal funds. Requires States to give priority to projects that will continue to carry out the purposes of this Act without Federal funds. Requires the State Governor to establish an advisory council on child care. Directs the Secretary of HHS to conduct, and support by grant or contract: (1) research on the effectiveness of early childhood education and quality child care on child growth and development; and (2) demonstration programs to test the effectiveness of innovative child care arrangements and programs. Title II: Child Care Liability - Part A: Child Care Liability Reform - Applies the provisions of this part, with specified exceptions, to any civil action, in any State or Federal court, against any child care provider who is in compliance with the licensing or accreditation requirements of the State in which the provider is located. Makes this part inapplicable to civil actions for intentional torts. Provides that this part shall preempt and supersede Federal or State law only to the extent such law is inconsistent with this part. Sets forth certain defenses, rules, and rights which are not affected by this part. Makes joint and several liability inapplicable to any action subject to this title. Makes an exception for concerted actions. Provides for reduction of awards for damages in cases of collateral sources of compensation. Sets for the standards and procedures for the award of punitive or exemplary damages in civil actions under this part. Provides that nonprofit corporations or local educational agencies are not liable for damages in any civil action (to which this part applies) brought against a separate child care-providing corporation or business organization of which they are the parent or majority owners. Encourages States to establish expedited and simplified procedures under which nonprofit organizations and local educational agencies may inexpensively and quickly incorporate or otherwise organize such entities as separate child care providers. Part B: Child Care Liability Risk Retention Group - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards, and which otherwise satisfies specified criteria for risk retention groups). Sets forth State application requirements. Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or maintain a liability risk retention group for child care providers; and (5) specify how any such liability risk retention group will continue to be financed after FY 1991, including by contributions by the State or by members of such pool. Directs the Secretary of HHS to review and approve State plans and to monitor State compliance with requirements of this part. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1989 to carry out this part and to remain available for assistance to States for FY 1989 through 1991. Directs the Secretary of Commerce to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary of Commerce to allot the remainder to States on the basis of the number of children who have not attained the age of 12. Permits a portion of such allotments to be used for State administrative costs. Sets forth provisions relating to entitlement, method, and State spending of allotment payments. Title III: Revolving Loan Fund - Sets forth requirements for State applications for assistance under this title. Requires State plans to set forth procedures and requirements whereby persons desiring to make capital improvements to their principal residence in order to become a licensed or accredited family-based child care facility may obtain a loan from the State revolving loan fund. Requires such fund to be administered by the State and to provide loans to qualified applicants, pursuant to terms and conditions the State establishes. Limits the amount of any such loan to $1,500. Requires the State plan to provide that the State establish a revolving loan fund with certain procedures. Authorizes appropriations for FY 1989 to carry out this title and to remain available for assistance to States for FY 1989 through 1991. Directs the Secretary of HHS to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary of HHS to allot the remainder to States on the basis of number of children who have not attained the age of 12. Permits a portion of such allotments to be used for State administrative costs. Sets forth State application requirements. Title IV: Amendments to the Internal Revenue Code of 1986 - Child Care Facility Tax Incentive Act of 1988 - Amends the Internal Revenue Code to establish an income tax credit for employers for expenses paid or incurred to acquire, construct, maintain, or operate a qualified child care facility. Requires that such facility be operated by the employer. Requires that at least 30 percent of the facility's enrollees be dependents of employees of such employer. Requires that the facility be located at or near the employer's business premises. Requires that the facility be accredited or licensed under State and local laws. Sets forth special rules for allocation in the case of multiple employers or partnerships and for pass-through in the case of estates and trusts. Limits the amount of such credit. Makes an employer ineligible for such credit if the employer received a child care project grant under the Public Health Service Act during such taxable year. Entitles earnings from the provision of qualified family-based or in-home child care services to a lower rate of self-employment tax. Excludes such earnings from estimated taxes and wage withholding requirements. Requires cafeteria plans to provide a child care option. Provides for an additional double exemption for newborn and newly adopted children where the parent taxpayer (or one of the spouses in the case of a joint return) does not work during the period from the birth or adoption until the child is six months old. Limits such exemption to taxpayers whose adjusted gross income does not exceed 200 percent of the poverty level. Raises the limitation on the amount which may be contributed to individual retirement accounts for homemakers under provisions for income tax deductions. Provides that such deduction may be allowable even if the spouse is an active participant in a pension plan. Title V: Miscellaneous Federal Child Care Provisions - Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented in their businesses family-oriented personnel programs and policies responsive to the child care needs of working parents; or (2) made significant contributions to child care projects in their communities. Sets forth procedures for nomination, selection, and annual presentation of such awards. Directs the Secretary of Health and Human Services to coordinate all activities of the Department of Health and Human Services relating to child care, and coordinate such activities with similar activities of other Federal agencies.
United States · United States Congress · 16 February 1988
Amends the Internal Revenue Code to allow an individual taxpayer a refundable income tax credit, in an amount based on adjusted gross income (minimum credit of $150), for each dependent below the age of compulsory school attendance in the State where the taxpayer resides. Sets the maximum credit amount as the total employee tax withheld from the taxpayer's wages during the year under the Federal Insurance Contributions Act. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 15, unless the child is physically or mentally incapable of self-care.
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 Internal Revenue Code to exempt from the gasoline excise tax any sale of gasoline to a State or local government (or to a purchaser for resale to such government) for its exclusive use.
United States · United States Congress · 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
Commends the President, Secretary of State, and Administrator of the Agency for International Development for their response to the drought and food emergency in Ethiopia and other nations of sub-Saharan Africa, and urges them to continue efforts to preclude the onset of famine and to ensure the timely delivery of medical and other emergency relief supplies. Declares that: (1) the Government response to these food emergencies should include initiatives to prevent the dislocation of large numbers of persons across national borders and/or into relief camps; and (2) the plight of the refugees or displaced should be addressed by emphasizing the provision of basic human needs, such as food, water, and shelter.
United States · United States Congress · 25 January 1988
Farmer Fuel Tax Relief Act - Amends the Internal Revenue Code to prohibit imposition of the excise tax on the sale of diesel or aviation fuel to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.) Permits wholesale distributors of gasoline who have registered with the Secretary of the Treasury and posted the required bond to pay the gasoline tax (in lieu of the person otherwise liable for the tax.) Prohibits imposition of the gasoline tax on the sale or removal of gasoline by any person (or for resale to a second person) for use on a farm for farming purposes. Requires that the reduced gasoline tax rate (3.4 cents instead of 9.1 cents) be applied with respect to gasoline used to produce gasohol after the time of the relevant removal or sale.
United States · United States Congress · 17 December 1987
Deplores the Soviet Government's active persecution of religious believers in the Ukraine and its forcible liquidation of the Ukrainian Orthodox and Ukrainian Catholic Churches. Sends greetings to the Ukrainian people on the Millennium of Christianity in the Ukraine. Urges the President, the Secretary of State, the U.S. delegation to the United Nations, and the U.S. delegation to the Vienna Review Meeting of the Conference on Security and Cooperation in Europe to continue to speak out forcefully against violations of religious liberty everywhere and, specifically, in the Ukraine. Calls upon the Soviet Government to release all those imprisoned for their religious beliefs. Discourages U.S. officials from attending the commemoration of the Millennium in the Soviet Union so long as individuals remain imprisoned for their religious beliefs and the Ukrainian Catholic and Ukrainian Orthodox churches remain outlawed. Urges the U.S. Government to call on the Soviet Government to ban its prohibition of the Ukrainian Orthodox and Ukrainian Catholic Churches.
United States · United States Congress · 8 December 1987
Great Lakes Pollutant Discharge Inventory Act - Directs the Under Secretary for Oceans and Atmosphere, Department of Commerce, to inventory the categories and quantities of pollutants entering the Great Lakes during a two year period. Lists the categories of pollutants and sources of pollution that must be included in such inventory. Authorizes agreement with Canada to obtain pollutant information. Requires that such inventory be made public upon completion. Authorizes appropriations for FY 1988 and 1989.
United States · United States Congress · 8 December 1987
Expresses the sense of the Congress that, in celebration of the millennium of the Christianization of Kievan-Rus', the Soviet Union should: (1) comply with its international obligations and allow Christians to practice their faith without harassment; (2) grant a general amnesty for all Christians who have been imprisoned because of their religious beliefs; (3) allow religious believers to practice their faith freely; (4) permit unlimited publication, distribution, and importation of religious materials; and (5) allow closed churches to reopen, new churches to be built, and theological seminaries to open or expand.
United States · United States Congress · 18 November 1987
Dwight David Eisenhower Commemorative Coin Act of 1987 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of one dollar silver coins in commemoration of the 100th anniversary of the birth of Dwight David Eisenhower. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of the coins after December 31, 1990. Requires the Secretary to deposit in the Treasury all surcharges received from the sale of the coins, to be used to reduce the national debt.
United States · United States Congress · 18 November 1987
Antiterrorism and Arms Export Amendments Act of 1987 - Amends the Arms Export Control Act to prohibit the U.S. Government and U.S. persons from exporting or facilitating the export of any munitions item to any country which: (1) has repeatedly provided support for international terrorism; or (2) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism. Authorizes the President to waive such prohibition upon making specified certifications. Imposes criminal penalties for willful violations of such prohibition. Imposes civil penalties for violations of such prohibition and provides for enforcement of such civil penalties. Requires that the possibility of supporting international terrorism shall be a consideration in the issuance of arms export licenses or in arms sales. Amends the Export Administration Act of 1979 to provide that a validated license shall be required for the export of goods or technology to a country if the Secretary determines that: (1) such country grants sanctuary to or has repeatedly provided support for acts of international terrorism; and (2) such exports would contribute to the military potential of such country, would be destined to a military end-user or for military end use in such country, or would enhance the ability of such country to support acts of international terrorism. Amends the Foreign Assistance Act of 1961 to prohibit the provision of any assistance under such Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act to any country which the Secretary determines: (1) has repeatedly provided support for international terrorism; or (2) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism. Authorizes the President to waive such prohibition upon making specified certifications. Prohibits rescinding a determination that a country supports international terrorism, unless the Secretary of State, at least 90 days before the rescission would take effect, certifies to the Congress that: (1) the country has not provided support for international terrorism for the preceding six months; and (2) the country has made explicit assurances that it will not support international terrorism in the future. Amends the Arms Export Control Act and the Foreign Assistance Act of 1961 to require the President to notify the Congress of third country transfers of items: (1) sold under the Foreign Military Sales (FMS) program; (2) exported pursuant to a munitions license; or (3) provided under the Military Assistance Program (MAP). Directs the President to include in required quarterly reports to the Congress concerning military exports a listing of all defense articles or defense services transferred by the Department of Defense to other agencies of the U.S. Government. Prohibits the transfer of any munitions item by the U.S. Government to any foreign country, group, or person under the authority of a presidential determination that such a transfer is important to the national security of the United States as a significant anticipated intelligence activity, unless the President notifies certain congressional committees of such a transfer in accordance with the procedures set forth in the National Security Act of 1947 for the reporting of any intelligence activities. Revises requirements for reporting the use of foreign assistance funds where it is inadvisable to specify the nature of the use of such funds to require that such a report be transmitted to the Committee on Foreign Affairs of the House of Representatives rather than to the Speaker of the House. Amends the Hostage Act to specify that the President may not use any means otherwise prohibited by law in attempting to cause the release of U.S. citizens imprisoned by foreign governments. (Current law specifies that the President may not use any means amounting to acts of war.)
United States · United States Congress · 13 October 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury (Secretary) to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers receiving annual tax filing forms from the IRS. Requires the IRS, upon taxpayer request, to conduct any interview regarding the determination or collection of any tax at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interviewer to explain to the taxpayer the audit process, including the taxpayer's rights with respect to the process. Requires the Secretary to abate any penalty or interest imposed on any deficiency attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations with respect to Taxpayer Assistance Orders, including provisions to assure full, fair, and impartial due process for affected taxpayers. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury an Office of Inspector General. Transfers to such Office the existing audit and investigation units of the Department. Sets forth criteria with respect to: (1) the authority of the Inspector General to conduct an investigation; and (2) the authority of the Secretary in cases of audits or investigations requiring access to information of a sensitive or confidential nature. Allows the Secretary to prohibit investigations under specified circumstances. Restricts disclosure by the Inspector General of tax returns and return information. Prohibits records of tax enforcement results from being used to evaluate certain IRS personnel or to impose or suggest production quotas. Requires district directors to certify compliance with this mandate on a monthly basis. Requires the Secretary to certify that a rule proposed by the IRS is substantially the only alternative that meets the mandate of the relevant statute in order for the rule to be considered an interpretative rule (and thereby not subject to analyses under the Regulatory Flexibility Act). Amends the Regulatory Flexibility Act to require regulatory flexibility analyses to include consideration of both the direct and indirect beneficial and negative effects of a proposed or final rule. Amends the Internal Revenue Code to direct the Secretary, with limited exceptions, to send a preliminary letter of deficiency to a taxpayer prior to the mailing of a deficiency notice. Specifies required contents for tax due notices and deficiency notices, including the basis of the deficiency and a breakdown of the total amount into tax, interest, and penalty. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations requiring all IRS personnel to explain and support their position in assessing any penalties or additions to tax. Requires the Comptroller General to study IRS procedures with respect to such assessments and to present findings to specified congressional committees no later than December 31, 1988. Authorizes the Secretary to enter into a binding agreement with a taxpayer under which the taxpayer may pay tax liability in installments if the Secretary determines that such an agreement will facilitate collection of the liability. Permits the Secretary, after proper notice and a hearing, to modify or annul the agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Renders such an agreement nonbinding if the taxpayer fails to pay any installment or any other tax liability when due. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Permits the Secretary to demand surrender of bank accounts only after 21 days in escrow have passed since service of the notice of levy on the accounts. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Permits a taxpayer to bring a civil action against the United States in the Tax Court for judicial review of jeopardy levies and assessments. (Under current law an action for judicial review of jeopardy assessments may be filed only in district court.) Increases the time during which a taxpayer may petition for such review. Describes the jurisdictional requirements to be applied to such actions. Allows an administrative appeal of tax liens. Grants to the Tax Court exclusive jurisdiction to enjoin premature assessments if the taxpayer has filed a timely petition for review. Provides for review of such injunctive orders by the U.S. Court of Appeals. Grants to the Tax Court jurisdiction to enforce payment by the Secretary of refunds of overpayment and interest to taxpayers. Places on the Secretary the burden of proof of justifying any failure to refund, credit, or offset relevant amounts with respect to a taxpayer. Entitles a prevailing taxpayer to: (1) an interest rate of 120 percent of the overpayment rate with respect to refunds; and (2) reasonable litigation costs. Grants to the Tax Court jurisdiction to: (1) review jeopardy assessment sales of assets; and (2) redetermine interest under certain circumstances when a taxpayer claims an overpayment of the interest. Vests in the Tax Court original jurisdiction over any civil action against the Secretary for the recovery of any tax, additions to tax, and penalties with respect to income, estate, gift, and certain excise taxes. Authorizes an award of reasonable litigation costs to the prevailing party in proceedings by taxpayers before the Internal Revenue Service. Permits a taxpayer to bring a civil action in district court for actual damages resulting from the failure of any Federal officer or employee to release a tax lien on the taxpayer's property. Permits a civil cause of action in district court for damages resulting from the careless, reckless, or intentional disregard of internal revenue laws by any Federal officer or employee. Denies damage awards in cases of contributory negligence. Authorizes a damage award, to a $10,000 maximum, to the United States in cases of frivolous or groundless claims by a taxpayer. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation or surveillance authorized or conducted by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Establishes in the Internal Revenue Service the Office for Taxpayers Services, under the supervision of an Assistant Commissioner of Internal Revenue. Directs this Assistant Commissioner to: (1) be responsible for telephone, walk-in, and educational services, and for the design and production of tax and information forms; and (2) prepare annually, for presentation to specified congressional committees, a joint report (with the Chief Problem Resolution Officer for the IRS) on the quality of taxpayer services.
![Official portrait of Rep. Houghton, Amo [R-NY-31]](https://www.congress.gov/img/member/cd375c1d1b0b554995c377c2856cb497_200.jpg)