United States · United States Congress · 20 October 1988
Veterans Entrepreneurship Promotion Act of 1988 - Title I: Findings, Purposes, and Definitions - Sets forth congressional findings and purposes with respect to small businesses owned and controlled by veterans. Amends the Small Business Act to add veteran-related definitions used in this Act. Title II: Procurement Assistance - Amends the Small Business Act to include small business concerns owned and controlled by veterans as a discrete group with respect to which the head of each Federal agency must establish goals for participation in procurement contracts. Requires annual reports to the Congress on the extent of participation by such businesses in agency procurement contracts. Includes veteran-owned businesses as a targeted group for purposes of Government contracts and subcontracts. Directs Federal agencies, in their procurement activities, to engage in affirmative action to identify and solicit offers from small businesses owned and controlled by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities. Title III: National Veterans Business Council - Establishes the National Veterans' Business Council to review the status of veteran-owned businesses nationwide and to develop detailed multiyear plans in connection with both private and public sector actions to assist and promote such businesses. Requires annual reporting to both the President and the Congress. Title IV: Statistical Data - Directs: (1) the Bureau of Labor Statistics to include in its census reports on veterans businesses specified information on sole proprietorships, partnerships, and corporations; (2) the Bureau of the Census to include in its Business Census data the number of corporations that are 51 percent or more owned by veterans; (3) the Small Business Administration's Office of the Chief Counsel for Advocacy to report on the most cost-effective and accurate ways to gather and present the statistics required in these census reports; and (4) Federal agencies to report to the Office of Federal Procurement Policy the number of first-time contract recipients that are small businesses owned and controlled by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities. Requires the President's annual Report on Small Business and Competition to include in separate detail information relevant to small businesses owned and controlled by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities.
United States · United States Congress · 20 October 1988
Designates the Federal Building and United States Courthouse at 301 West Main Street, Benton, Illinois, as the Kenneth J. Gray Federal Building and United States Courthouse.
United States · United States Congress · 6 October 1988
Clinical laboratory Improvement Amendments of 1988 - Amends the Public Health Service Act to prohibit soliciting or accepting materials from the human body for laboratory procedures without a certificate issued by the Secretary of Health and Human Services. Makes certificates valid for a maximum of two years. Requires certain criteria to be met for issuance or renewal of a certificate, including that the laboratory makes agreements regarding: (1) inspections by the Secretary; and (2) treating proficiency testing samples in the same manner as other materials. Requires a laboratory which only performs simple examinations and procedures which have an insignificant risk of an erroneous result, and which complies with other requirements, to be issued a certificate of waiver which exempts it from complying with provisions of this Act relating to standards (including proficiency testing) and inspections. Authorizes a laboratory to be accredited for certification if it meets the standards of an approved accreditation body and if the laboratory authorizes that body to submit information to the Secretary as the Secretary requires. Allows the Secretary to approve an accreditation body if the body agrees to: (1) inspect the laboratories it accredits; (2) apply standards which are at least as stringent as the Secretary's (3) assure that the laboratory continues to meet standards; (4) notify the Secretary of any denial, suspension, withdrawal, or revocation of accreditation, or of changes in the body's standards, and (5) notify each laboratory if the body's approval is withdrawn by the Secretary. Provides for temporary continuation of a laboratory's license if the accreditation body's approval is withdrawn. Directs the Secretary to evaluate annually the performance of each accreditation body. Directs the Secretary to issue standards to assure consistent performance, including standards regarding: (1) quality assurance and quality control; (2) maintenance of records, equipment, and facilities; (3) qualifications of personnel; and (4) qualification under a proficiency testing program. Directs the Secretary to establish standards for the proficiency testing programs for certified laboratories to be conducted by the Secretary, an approved private nonprofit organization, or an approved accrediting body. Mandates that proficiency be tested for each examination and procedure quaterly, subject to exception. Directs the Secretary to establish a system to make proficiency testing program results available, on a reasonable basis, upon request of any person, with explanatory information. Directs the Secretary to establish national standards for quality assurance in cytology services. Authorizes the Secretary, on an announced or unannounced basis, to enter and inspect, during regular hours of operation, certified laboratories. Grants the Secretary access to all facilities, equipment, materials, records, and information. Directs the Secretary to conduct inspections of laboratories to determine their compliance with requirements and standards. Provides for intermediate sanctions, including directed plans for correction, civil money penalties, and payment for the costs of onsite monitoring. Allows the Secretary, after notice and opportunity for hearing, to suspend, revoke, or limit a certificate for specified causes. Allows suspension or limitation before a hearing in certain circumstances. Prohibits any person who has owned or operated a laboratory which has had its certificate revoked from owning or operating a certified laboratory within two years of revocation. Requires suspension of the certificate of a laboratory which has been excluded from participation under title XVIII (Medicare) of the Social Security Act because of actions relating to quality. Allows temporary and permanent injunctions under suit by the Secretary. Provides for: (1) judicial review of certificate suspensions, revocations, and limitations; and (2) sanctions, including criminal fines and imprisonment. Directs the Secretary to require payment of fees for issuance and renewal of certificates and, in certain circumstances, for inspections and proficiency testing. Requires fees to vary by group or classification of laboratory. Allows fees to be based on the dollar volume and scope of the testing being performed. Directs the Secretary, on April 1, 1990, and annually thereafter, to compile and make available to physicians and the public information which is useful in evaluating the performance of a laboratory, including information relating to: (1) convictions for fraud and abuse, false billings, or kickbacks; (2) certificate revocations, suspensions, or limitations; (3) sanctions or intermediate sanctions; (4) withdrawal or revocation of accreditation; (5) injunctions; and (6) exclusions from participation under title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act. Permits the Secretary, by agreement, to use and pay for the services or facilities of any Federal, State, or local public agency or nonprofit private organization. Allows the Secretary to exempt laboratories from compliance with these provisions where State laws are at least as stringent. Directs the Secretary, through the Public Health Service, to conduct studies on various aspects of validity, reliability, and accuracy of tests performed by clinical laboratories and to report the results to the Congress not later than May 1, 1990.
United States · United States Congress · 5 October 1988
Expresses the sense of the House of Representatives that: (1) the President should oppose any restrictions on European Community imports of nongrain feed ingredients, including corn gluten feed, and should support the current duty-free binding on such products; (2) the President should oppose any European Community proposals which would violate the intent of the existing duty-free binding in the General Agreements on Tariffs and Trade for corn gluten feed and corn byproducts; and (3) if unilateral action is taken by the European Community to inhibit the importation of corn gluten, the United States should restrict imports from the Community of at least the aggregate value of the reduced U.S. export products.
United States · United States Congress · 30 September 1988
Comprehensive Environmental Risk Management Act of 1988 - Expresses the U.S. policy regarding Federal environmental protection activities administered by the Environmental Protection Agency, including that such activities shall attain the greatest risk reduction possible with the resources available. Requires the Administrator of EPA to act to protect human health and the environment on the basis of careful assessment of risks and evaluation of control options for their management. Requires the development of risk assessment guidelines covering specified elements, including mutagenicity assessment, carcinogenicity assessment, exposure estimates, reproductive risks, and ecological effects. Requires guidelines to include hazard determinations, dose response assessments, exposure assessments, and risk characterizations. Requires a report to the Congress projecting the net risk reduction and costs that would result from control and abatement of environmental hazards in accordance with this Act. Requires inclusion of a list of human and environmental risks with which the EPA is concerned and the potency, exposure, and other information for each risk. Requires recurring reports every four years. Requires an annual report to the Congress projecting the net risk reduction and costs that would result from the implementation of each of the Agency's abatement and control programs. Requires a report on the status of risk assessment within the Federal Government, to include a review of risk assessment activities presently being carried out within Federal agencies with a mandate to protect the public health, specifying under which legislative authority they are and are not being carried out, and the limitations under such authorities which prevent the full utilization of risk assessment. Authorizes appropriations.
United States · United States Congress · 29 September 1988
Expresses the sense of the Congress that Medicare (title XVIII of the Social Security Act) hospital payments for FY 1990 should not be reduced below levels provided in current law for such fiscal year.
United States · United States Congress · 27 September 1988
Chemical Warfare Control Act - Amends the Export Administration Act of 1979 to set forth as U.S. policy the use of export controls to curtail transfers of material and technology used in producing chemical weapons. Requires the President to prepare a list of materials and technology which would assist a country's chemical warfare capability. Prohibits the export of such materials and technology to Iran, Iraq, Libya, or Syria or, at the President's discretion and upon notification to the Congress, to additional countries. Authorizes the President to waive such prohibition upon determining that an export will not assist a country's chemical warfare capability. Authorizes the exclusion of any country from such prohibition beginning 30 days after the President submits the name of such country to the Congress. Requires the President, no later than 90 days after enactment of this Act and every 180 days thereafter, to submit to specified House and Senate members and committees a report on: (1) the efforts by Iran, Libya, and Syria to acquire the materials to produce chemical weapons; and (2) the present and future capability of such countries to produce such weapons. Requires the report to: (1) assess whether Communist-bloc countries have aided such countries in acquiring such materials; (2) list companies in non-Communist countries which have exported items on the President's list to such countries; and (3) provide credible information that any non-Communist country has aided such countries. Directs the President to apply sanctions to any foreign person who exports any item on the list to any such country. Requires that such sanctions prohibit: (1) contracting with and procuring products and services from a sanctioned person by the U.S. Government; and (2) importing products produced by such person into the United States. Declares that the President shall not apply sanctions in the case of procurement of defense articles and services if: (1) the articles and services are under existing contracts; (2) the President determines that the person to whom sanctions would apply is the sole supplier of essential defense articles or services; or (3) the President determines that such articles or services are essential to national security. Prohibits the application of sanctions to: (1) contracts entered into before the President notifies the Congress of the intention to impose sanctions; (2) spare parts; (3) component parts; (4) routine servicing and maintenance of products; or (5) information and technology.
United States · United States Congress · 16 September 1988
Federal Crop Insurance Commission Act of 1988 - States that the purpose of this Act is to: (1) ensure the review of the Federal crop insurance program; and (2) recommend changes necessary to lessen or eliminate the need for additional disaster payment programs in order to reduce Federal costs and provide farmers with equitable and predictable natural disaster protection. Establishes the Commission for the Improvement of the Federal Crop Insurance Program. Sets forth membership and operating provisions. Directs the Commission to: (1) determine why crop insurance program participation is lower than anticipated; (2) identify States and commodities with low participation; and (3) recommend program improvements. Sets forth particular areas to be examined, including: (1) program insurance coverage; (2) use of crop field information; (3)related government subsidies; (4) sales commission rates; (5) claims adjustment services; (6) information collection; (7) compliance efforts; and (8) premium pools. Requires the Commission to submit: (1) an interim report to the appropriate congressional committees by April 1, 1989; (2) a final report to such committees by July 1, 1989; and (3) monthly reports to such committees from the period beginning July 1, 1989, through December 31, 1990. Terminates the Commission as of December 31, 1990, except that the Secretary of Agriculture may extend the Commission's life beyond such date. Directs the Federal Crop Insurance Corporation to make specified FY 1989 funds available to the Commission.
United States · United States Congress · 15 September 1988
Tax Fairness for Farmers Act of 1988 - Repeals specified provisions of the Tax Reform Act of 1986 that eliminated income averaging. Provides that the Internal Revenue Code (IRC) be applied and administered as if such provisions had not been enacted. Amends the IRC to restore income averaging for a person: (1) actively engaged in the trade or business of farming, including aquaculture; and (2) whose average annual gross income for the three preceding taxable years is at least 50 percent attributable to farming.
United States · United States Congress · 9 September 1988
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require applications of States and local governments for block and discretionary grants under such Act to include a certification that individuals who are convicted of first degree murder under the law of the State and sentenced under such law to imprisonment for life without possibility of parole are not granted any unescorted release from imprisonment.
United States · United States Congress · 8 September 1988
Temporary Emergency Wildfire Suppression Act - Authorizes the Secretary of Agriculture or the Secretary of the Interior to enter into reciprocal agreements with foreign fire organizations to provide wildfire protection resources for lands and other properties for which such Secretaries or organizations normally provide such protection. Requires that such agreements allow for termination of the agreement by any party thereto after reasonable notice. Authorizes the Secretary of Agriculture or the Secretary of the Interior, in the absence of such agreement, to furnish emergency wildfire protection resources to any foreign nation and to accept such assistance from any foreign fire organization when to do so is in the best interest of the United States. Authorizes the reimbursement of Canada or Canadian fire organizations for U.S. wildfire protection pursuant to a specified memorandum and arrangement with Canada. Requires the Secretary of Agriculture or the Secretary of the Interior to determine that no U.S. fire organization is reasonably available to provide such protection before spending funds for foreign wildfire protection.
United States · United States Congress · 11 August 1988
Constitutional Amendment - Requires each committee of the Congress to be appointed so that the voting strength of each political party on that committee reflects the relative voting strength of that political party in the relevant House.
United States · United States Congress · 4 August 1988
Declares that the Congress joins the city of Freeport, Illinois, in commemorating the 130th anniversary of the Lincoln-Douglas debate and the rededication of the debate site.
United States · United States Congress · 3 August 1988
Clinical Laboratory Improvement Amendments of 1988 - Title I: Clinical Laboratories Under the Public Health Service Act - Amends the Public Health Service Act to prohibit soliciting or accepting materials from the human body for laboratory procedures without a certificate issued by the Secretary of Health and Human Services. Makes certificates valid for a maximum of two years. Requires certain criteria to be met for issuance or renewal of a certificate, including that the laboratory makes agreements regarding: (1) inspections by the Secretary; (2) treating proficiency testing samples in the same manner as other materials; (3) billing patients directly; and (4) disclosure of a financial interest in the laboratory held by the referring physician, the referring group of physicians, or an immediate family member of the referring physician. Authorizes a laboratory to be accredited for certification if it meets the standards of an approved accreditation body and if the laboratory authorizes that body to submit information to the Secretary as the Secretary requires. Allows the Secretary to approve an accreditation body if certain criteria are met, including: (1) that the body's standards are at least as stringent as the Secretary's; (2) that the body agrees to collect from the laboratories it accredits and forward to the Secretary certain fees. Sets forth procedures relating to withdrawal of an accreditation body's approval. Directs the Secretary to evaluate annually the performance of each accreditation body by conducting inspections. Directs the Secretary to issue standards to assure consistent performance, including standards regarding: (1) quality assurance and quality control; (2) maintenance of records, equipment, and facilities; (3) qualifications of personnel; and (4) qualification under a proficiency testing program. Directs the Secretary to establish standards for the proficiency testing programs for certified laboratories to be conducted by the Secretary, an approved private nonprofit organization, or an approved accrediting body. Mandates that proficiency be tested to each examination and procedure quaterly, subject to exception. Directs the Secretary to establish a system to make proficiency testing program results available, upon request, to any person. Directs the Secretary to establish national standards for quality assurance in cytology services. Authorizes the Secretary, on an announced or unannounced basis, to enter and inspect certified laboratories. Grants the Secretary access to all facilities, equipment, materials, records, and information. Provides for intermediate sanctions, including civil monetary penalties. Allows the Secretary, after notice and opportunity for hearing, to suspend, revoke, or limit a certificate for specified causes. Allows suspension before a hearing in certain circumstances. Prohibits any person who has owned or operated a laboratory which has had its certificate revoked from owning or operating a certified laboratory within two years of revocation. Requires suspension of the certificate of a laboratory which has been excluded from participation under title XVIII (Medicare) of the Social Security Act because of actions relating to quality. Allows temporary and permanent injunctions under suit by the Secretary. Provides for: (1) judicial review of certificate suspensions, revocations, and limitations; and (2) sanctions, including criminal fines and imprisonment. Directs the Secretary to require payment of fees for issuance and renewal of certificates, with the amounts set by the Secretary based on the volume and scope of the testing being performed. Directs the Secretary to establish the fees at lower rates for laboratories which are accredited. Directs the Secretary to annually compile information which is useful in evaluating the performance of a laboratory, including information relating to: (1) convictions for fraud and abuse, false billings, or kickbacks; (2) certificate revocations; (3) sanctions or intermediate sanctions; (4) withdrawal or revocation of accreditation; (5) injunctions; and (6) exclusions from participation under title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act. Permits the Secretary, by agreement, to use and pay for the Services or facilities of any Federal, State, or local public agency or nonprofit private organization. Allows the Secretary to exempt laboratories from compliance with these provisions where State laws are at least as stringent. Title II: Studies - Directs the Secretary, through the Public Health Service, to conduct studies on various aspects of validity, reliability, and accuracy of tests performed by clinical laboratories and to report the results to the Congress.
United States · United States Congress · 3 August 1988
Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. Includes within such Act's coverage persons who are in the process of being transported to a facility for admission or who are involuntarily confined in a municipal detention facility for reasons other than a criminal conviction. Sets forth requirements for the responsibilities and composition of State governing boards. Makes State governing boards responsible for: (1) developing the annual priorities of the system established to protect and advocate the rights of the mentally ill; and (2) the planning, design, implementation, and functioning of the system. Includes among the responsibilities of the system advisory council, giving advice on ongoing policies and priorities and annual plans, priorities, and reports. Requires each system to include in its annual report to the Secretary of the Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system. Grants the system access to all records of any individual who has died or whose whereabouts are unknown. Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental heath services; and (2) family members of the mentally ill. Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems. Requires each eligible system to: (1) provide the public with a mechanism to comment on the priorities and activities of the system; and (2) establish a grievance procedure for clients and prospective clients of the system. Authorizes appropriations for FY 1989 through 1991 for allotments under such Act.
United States · United States Congress · 14 July 1988
Agricultural Research Act of 1988 - Title I: Alternative Agricultural Production Systems Research - Directs the Secretary of Agriculture to carry out through the Cooperative State Research Service a competitive grants research program to improve the diversity of production methods available to agricultural producers. Sets forth program criteria and grant priorities. Directs the Secretary to submit annual program reports to the appropriate congressional committees. Authorizes appropriations. Title II: National Institute For Alternative Agricultural Products - Alternative Agricultural Products Act of 1988 - Directs the Secretary to establish a National Institute for Alternative Agricultural Products as an independent entity within the Department of Agriculture under the general supervision of the National Alternative Agricultural Products Board. Authorizes the Institute to: (1) make grants and enter into cooperative agreements or contracts for research and demonstration projects; (2) provide technology transfer, information collection, and information dissemination; (3) research for new industrial materials that may be produced from agricultural commodities and for processes to produce such materials; and (4) administer the Alternative Agricultural Products Technology Revolving Fund (established by this Act). Directs the Secretary to establish the National Alternative Agricultural Products Board to: (1) supervise the Institute; (2) determine priority research areas; (3) review and approve the annual Institute report; and (4) review and approve Institute grants, contracts, and agreements. States that all projects shall have at least 50 percent matching funds. Reserves at least two-thirds of obligated funds for projects in which a U.S.-domiciled company: (1) provides at least 20 percent of the project's funds; and (2) engages in commercial production and sale of the project's products, technologies, or uses. Provides private companies and research institutions with an exception to certain information disclosure requirements. Directs the Institute to select those projects that will create or improve economically viable commercial products or technologies that involve the use of agricultural commodities. Sets forth the following funding restrictions: (1) not more than five percent for administrative expenses; (2) not more than five percent for information services and technology transfer; (3) not less than five percent for projects at the 1890 land-grant institutions, including Tuskegee University; (4) not less than 20 percent for projects at the 1862 land-grant colleges and institutions eligible for Federal funding under the Hatch Act of 1887; and (5) not less than 65 percent for project funding. States that uncommitted funds shall be credited to the Revolving Fund established by this Act. Establishes in the Treasury the Alternative Agricultural Products Technology Revolving Fund. Authorizes appropriations to carry out this title. Terminates the provisions of this title on September 30, 2000. Title III: Agricultural Commodity Production and Processing Research - Directs the Secretary to: (1) establish a research grant program through FY 1993 to establish a statistical framework to measure, identify, and control microbiological and chemical agents affecting agricultural products; (2) establish a committee to set research priorities; and (3) submit program reports to the appropriate congressional committees within one year of enactment of this Act and upon completion of all research projects. Authorizes FY 1989 through 1993 appropriations. Limits administrative expenses to not more than four percent of appropriations. Title IV: National Agricultural Library - Establishes the National Agricultural Library in the Department of Agriculture. (This makes its authorization statutory. The Library already exists in fact.) Authorizes the Library to: (1) acquire, manage, and make available information and services in all phases of agriculture and allied sciences; and (2) cooperate with and coordinate efforts among libraries and industry to develop an agricultural information network. Authorizes the making and selling of library products and services. Authorizes appropriations. Title V: Aquacultural Research - Amends the National Aquaculture Act of 1980 to authorize FY 1988 through 1990 appropriations to the Departments of Agriculture, Commerce, and Interior for acquaculture activities.
United States · United States Congress · 14 July 1988
Fastener Quality Assurance Act of 1988 - Defines "fastener" as a screw, nut, bolt, or stud having internal or external threads, or a washer commonly used to perform a load indicating or bearing stress distribution function, with a diameter of one-quarter inch or more and containing any steel. Prohibits the offering for sale or sale in interstate commerce of any fastener unless it bears a specified insignia and is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer or ordered by the purchaser; and (2) has been inspected, tested, and certified according to this Act. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Sets forth requirements governing sample size. Authorizes the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Sets forth requirements for such certificates, the form of which is to be prescribed by the Secretary of Commerce (the Secretary) within 180 days after enactment of this Act. Directs the Secretary, also within such 180-day period, to issue regulations to establish a program for approval of any system for the accreditation of laboratories engaged in such inspection and testing of fasteners, if such system demonstrates that it has adopted or otherwise adheres to the requirements of the American Society for Testing and Materials (ASTM) Standard. Directs the Secretary, if the responsible technical committee withdraws the ASTM Standard, to: (1) approve an alternative standard issued by the ASTM or another voluntary consensus standards organization; or (2) issue a standard which incorporates the ASTM Standard together with any necessary modifications. Directs the Secretary to approve or reapprove any system which demonstrates that it has adopted or otherwise adheres to such a new standard. Prohibits any manufacturer from selling any lot or portion of a lot of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by an original certificate from an accredited laboratory. Prohibits any person from selling any lot or portion of a lot of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by such a certificate. Allows such delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for the inspection and testing (for which purposes they shall be considered a manufacturer, except they must provide the laboratory with the manufacturer's written disclosure). Prohibits further sale or offer of sale unless delivery to the first subsequent purchaser is accompanied by an original certificate from an accredited laboratory. Requires that a copy of the original certificate be provided to subsequent purchasers who purchase at wholesale a lot or a portion from: (1) the purchaser of domestically manufactured fasteners; (2) the importer or end user who purchased foreign manufactured fasteners; (3) a private label distributor; or (4) any subsequent seller. Requires persons who make material physical alterations to a fastener subsequent to its manufacture to have such altered fastener inspected and tested before offering for sale or selling it. Requires manufacturers or private label distributors of fasteners offered for sale or sold in interstate commerce to: (1) be identified by a raised or depressed insignia on the surface or the fastener; and (2) comply with requirements of a program for recordation of such insignias. Directs the Secretary to establish such program, including regulations to ensure traceability, within 180 days after enactment of this Act. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Sets forth recordkeeping requirements for laboratories, manufacturers, importers private label distributors, and wholesalers. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except in so far as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of the National Bureau of Standards or any voluntary consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act. Applies this Act only to fasteners fabricated more than 240 days after its enactment.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 12 July 1988
Drought Assistance Act of 1988 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to add a new title VI which may be cited as the "Emergency Livestock Feed Assistance Act of 1988." Directs the Secretary of Agriculture to provide emergency feed assistance in any State, county, or area of a State where disease or other natural disaster has created a livestock emergency. States that the Governor of a State or a county committee may request the Secretary to make a livestock emergency determination and to provide assistance. Authorizes the Secretary to make such determination on his own initiative. Requires the Secretary to make such determination within 30 days of request and to notify the requesting party of any proposed action. States that producers in counties eligible for the emergency feed or emergency feed assistance programs in 1988 shall maintain such eligibility and be eligible for assistance under this title. Directs the Secretary to determine such counties' eligibility for assistance under this title. States that an eligible producer may receive assistance as follows: (1) assistance to offset inadequate feed stocks resulting from on-farm losses; and (2) assistance to maintain foundation herds if the producer does not have, and is unable to obtain through normal channels without undue cost, necessary feed stocks. Sets forth the following assistance programs available under this title: (1) Commodity Credit Corporation (CCC) feed donations and reduced price sales; (2) partial reimbursement of feed purchase expenses; and (3) partial reimbursement of transportation and handling costs for such CCC feed, for hay, and for transporting livestock to and from available grazing areas (not to exceed $24 a head). Permits the Secretary to: (1) make in-kind payments; and (2) provide assistance through feed dealers or manufacturers. Authorizes the Secretary to provide the following additional assistance if necessary: (1) CCC feed donations for stranded and unidentified livestock, including transportation costs; (2) water assistance; and (3) CCC catalog commodities in lots appropriate to family farmers. Limits total assistance under this title for each livestock disaster to any one person to $50,000. Subjects each person (including individual members of a cooperative producer association) to the overall payment limitation ($100,000) under this Act. Prohibits a person from receiving assistance under this title for lost feed production due to the 1988 drought to the extent that such person receives production disaster payments under this Act. Subjects persons who misuse such assistance to a civil penalty equal to the market value of the involved fee, and a fine of up to $1000 or imprisonment for up to one year, or both. Amends the Agricultural Act of 1949 to repeal the Secretary's authority to reduce 1989 milk price supports (50-cents per hundredweight). Title II: Disaster Payment - Provides that, for producers of the 1988 crops of wheat, feed grains, upland cotton, extra long staple cotton, or rice who participated in the production adjustment program under the Agricultural Act of 1949, the Secretary shall make disaster payments to those producers who have suffered at least 35 percent production losses due to the 1988 drought or related condition. States that such payments shall be made at a rate equal to 65 percent of the established price for deficiencies below 65 percent. Exempts such producers from advance deficiency repayments for up to 35 percent of crop losses. Permits eligible producers who had elected not to receive such payments prior to enactment of this Act to change their decision. Provides similar disaster payments to producers who did not participate in such production adjustment program. Bases payments on the basic county loan rate (or comparable price). Provides similar disaster payments to producers of the 1988 crops of peanuts, tobacco, sugar beets, and sugarcane. Bases payments for peanuts and tobacco on the basic county loan rate (or comparable price), and for sugar beets and sugarcane on 1988 price support levels. Provides for prevented planting credit. Sets forth special payment provisions for peanuts, including deficiency payments based on quota and additional peanuts. Provides similar disaster payments to producers of the 1988 soybean and nonprogram crops. Bases payments on a specified percentage of the average market price received in three of the last five years (excluding high and low years). Provides for prevented planting credit. Reduces payments to producers with Federal crop insurance under a specified crop-type determination. Authorizes the Secretary to transfer CCC funds during FY 1988 to the Agricultural Stabilization and Conservation Service to carry out the provisions of this title. Directs the Secretary, within 15 days after enactment of this Act, to announce the terms by which producers may prove their yield on crops harvested for silage or other forage uses. Directs the Secretary to make disaster payments under this title in the form of cash, commodities, or commodity certificates. Limits individuals to $100,000 in disaster payments. Limits a person to $100,000 of combined assistance for crop disaster assistance and livestock disaster assistance. Permits a person to elect which form of assistance to receive. Prohibits a person from receiving disaster payments attributable to 1988 drought-caused crop losses to the extent that such person receives livestock emergency benefits for such lost production under the Agricultural Act of 1949. Title III: General Provisions - Subtitle A: Commodity Stock Adjustment - Amends the Agricultural Act of 1949 to authorize the Secretary, if an acreage limitation program is in effect for 1989 and 1990, to permit producers to plant soybeans or sunflowers on between ten percent and 35 percent of permitted crop acreage. Expresses the sense of the Congress that the Secretary should provide export assistance for cottonseeds and sunflower seeds if such crop prices are adversely affected by soybean and sunflower plantings under this title. Directs the Secretary to permit producers to designate any portion of their 1989 or 1990 farm acreage base for oats if the feed grain acreage base for such years is less than 12.5 percent. Expresses the sense of the Congress that, with respect to the 1989 and 1990 feed grain crops, if such crops' acreage limitation percentage exceeds 12.5 percent the Secretary should establish the lowest possible oats acreage limitation if market imbalances for barley and oats exist. Provides that, effective for the 1988 marketing year for wheat and feed grains, producers may repay specified commodity loans without additional interest or other specified charges if the producer reserve program trigger level has been met. Provides that, if during the 1988 marketing year the Secretary permits producers to place wheat and feed grains into the producer reserve, no storage payments nor interest forgiveness shall be permitted on such stored commodities during the marketing year. Subtitle B: Disaster Credit and Forbearance - Directs the Secretary to ensure, to the maximum extent practicable, that Farmers Home Administration direct operating loans for 1989 crop production are made available to producers suffering major losses resulting from the 1988 drought or related condition. Directs the Secretary to make available in FY 1989 specified operating loan guarantees, in addition to existing purposes for such guarantees, to refinance and reamortize 1988 operating debt resulting from major farming or ranching losses resulting from the drought or related condition. Expresses the sense of the Congress that the Secretary should exercise forbearance in debt collection and encourage similar actions by commercial lenders and expedited loan restructuring with respect to producers suffering major drought losses. Subtitle C: Conservation and Water Assistance - Provides that with respect to a producer who harvested hay during the 1988 crop year on conservation reserve program acreage, such producer's rental payments shall not be reduced to the extent that he or she shares the cost of carrying out practices designed to enhance soil, water, and wildlife conservation on such land (or in the vicinity of such land) in accordance with a Soil Conservation Service approved plan. Authorizes the Secretary to: (1) undertake water-problem related projects, including research, grants, technical assistance, loans, and extension services; (2) cooperate with other Federal agencies, State or local units, or public or private entities; and (3) accept funds from non-Federal sources to carry out such activities. Authorizes appropriations. Subtitle D: Rural Businesses - Directs the Secretary to make rural industrialization loans or loan guarantees during FY 1989 to assist rural businesses (including cooperatives) adversely affected by the 1988 drought or related condition. Requires any such loan to meet applicable Consolidated Farm and Rural Development Act eligibility requirements. Directs the Secretary, within 90 days of enactment of this Act, to conduct a survey of agriculture-related rural businesses to determine the adverse effects of the 1988 drought and report to the appropriate congressional committees.
United States · United States Congress · 12 July 1988
President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.
United States · United States Congress · 12 July 1988
States that the U.S. Government should make no reparations to Iran or persons in Iran on account of the Iranian airline disaster of July 3, 1988, until all nine American hostages being held in Beirut, Lebanon, are freed.
United States · United States Congress · 7 July 1988
Health Professions Reauthorization Act of 1988 - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Public Health Service Act to set ceilings for FY 1989 through 1991 on the total principal amount of new loans made and installments paid to borrowers covered by Federal loan insurance. Extends from September 30, 1991, to September 30, 1994, the cutoff date for the making of new loans. Requires that the total principal amount of Federal loan insurance available be granted without regard to any apportionment or other similar limitation. Directs the Secretary of Health and Human Services, in providing loan insurance certificates, to give priority to lenders that agree to make loans at interest rates below the prevailing rates or otherwise under terms more favorable to the student than the terms generally available. Expands eligibility for the loans to include students in a postdoctoral program or residency of at least one year in certain fields. Places a limit on the total amount of the loans made to such a student in any academic year. Requires interest on federally insured student loans under title VII to be compounded not more frequently than semiannually. (Current law requires the interest to be compounded semiannually.) Prohibits provisions relating to the eligibility of student borrowers from being construed to limit the authority of any school to make allowances for students with special circumstances. Allows a lender to assign its insurance rights to a public entity in the business of purchasing student loans. Declares that lenders as well as holders are required to exercise reasonable care in the making of loans and substantial effort in collection. Requires a lender, subject to exception, to prosecute an action for default. Directs the Secretary to make or deny payment within 60 days of notification of entry of judgment. Declares that provisions dealing with standards regarding loan collection may not be construed to require schools to reimburse the student loan for loans that became uncollectable prior to 1983. Reduces the required interest rate on the loans from nine percent to five percent. Adds to the list of periods excluded from the ten-year repayment period any time during which the borrower is pursuing a full-time course of study at certain types of schools. Requires, if a school terminates a loan fund, a capital distribution. (Current law requires a capital distribution between September 30, 1991, and December 31, 1991.) Requires scholarships under provisions relating to first-year students in exceptional financial need to cover not less than 50 percent of tuition and educational expenses and 100 percent of the monthly stipend. Authorizes appropriations for FY 1989 through 1991. Authorizes appropriations for capitation grants for schools of public health for FY 1989 through 1991. Authorizes appropriations for project grants to establish, maintain, or improve departments of family medicine for FY 1989 through 1991. Reduces from six to four the number of individuals who must be enrolled in first-year positions in internship or medical residency training programs in area health education centers. Authorizes appropriations for FY 1989 through 1991 for area health education center programs. Directs the Secretary to enter into contracts for developing and operating health education and training centers to improve the supply, distribution, quality, and efficiency of personnel providing health services: (1) in the United States along the border with Mexico; and (2) to any population group having serious unmet health care needs. Directs the Secretary to designate the geographic area in which each health education and training center will operate. Mandates that each applicant agree to establish an advisory group, develop a plan for carrying out the center's purpose, and be responsible for the evaluation of the program. Directs the Secretary to make available 50 percent of the amounts appropriated for allocation to border centers. Authorizes appropriations for contracts for border and other health education and training centers for FY 1989 through 1991. Authorizes appropriations for FY 1989 through 1991 for: (1) programs for physician assistants; (2) grants for training, traineeships, and fellowships in general internal medicine and general pediatrics; (3) residency programs in the general practice of dentistry; and (4) training and education relating to family medicine. Allows grants and contracts for health professions educational assistance to individuals from disadvantaged backgrounds to be used for stipends for education at any public or private nonprofit health or educational entity. (Current law limits stipends to use for health professions education at a school of medicine, osteopathy, or dentistry.) Authorizes appropriations for educational assistance to individuals from disadvantaged backgrounds for FY 1989 through 1991. Authorizes appropriations for FY 1989 through 1991 for two-year schools of medicine, interdisciplinary training, and curriculum development. Requires that any grants approved, under provisions relating to the areas of family medicine, internal medicine, pediatrics, or dentistry, for a third or subsequent fiscal year be for at least 25 percent of the average grant to that grantee in the consecutively preceding fiscal years. Requires grant applications in such areas to be submitted to peer review groups. Directs the Secretary to establish peer review groups as necessary. Prohibits approval of an application unless a peer review group has recommended approval. Directs the Secretary to make available with respect to Hispanic individuals at least ten percent of amounts appropriated to carry out provisions relating to scholarships for first-year students of exceptional financial need, programs for physician assistants, educational assistance to individuals from disadvantaged backgrounds, and allied health personnel. Requires that studies mandated by current law of health professionals by specialty and geographic location include studies of the number, supply, and requirements for: (1) health professionals who are members of minority groups, including Hispanics; and (2) health professionals to serve minority groups, including Hispanics. Directs the Secretary to conduct a study and report to the Congress regarding Hispanics in medically underserved areas and: (1) health care provided by individuals unable to communicate in the most appropriate language and cultural context; and (2) reliance on allied health personnel as the primary source of health care. Reduces and makes equal for all programs, regardless of their level of minority enrollment, the number of students who must complete a graduate program in health administration during the year the grant is received in order for the program to be eligible for the grant. Authorizes appropriations for FY 1989 through 1991. Authorizes appropriations for FY 1989 through 1991 for: (1) traineeships for students in graduate programs in health administration, hospital administration, or health policy analysis and planning; (2) public health traineeships; and (3) training in preventive medicine. Replaces provisions relating to advanced financial distress assistance to health professions schools with provisions authorizing the Secretary to make grants to and enter into contracts with health professions schools with regard to health care needs, diagnosis, treatment, and prevention relating to acquired immune deficiency syndrome (AIDS). Authorizes appropriations for FY 1989 through 1991. Adds schools of podiatric medicine to the list of entities eligible for grants and contracts for geriatric medicine and geriatric dentistry projects. Directs the Secretary to identify and notify entities that would be appropriate applicants for grants under provisions relating to two-year schools of medicine. Prohibits any program of research under the Public Health Service Act which was carried out, or was appropriate to be carried out, by an agency other than the Health Resources and Services Administration in FY 1987 from being carried out by such Administration for each of the FY 1989 through 1991. Directs the Secretary to solicit applications for grants under provisions relating to family medicine, internal medicine, pediatrics, and dentistry at least twice a year, leaving time for applications not approved, or approved but not made because of lack of funds, to be resubmitted pursuant to the second solicitation. Requires a preliminary review of applications for technical sufficiency, with an opportunity to submit a timely second application. Directs the Secretary to establish and implement a program in which health professionals agree to conduct, at the National Institutes of Health, research with respect to acquired immune deficiency syndrome (AIDS) in return for payment by the Federal Government of at least 25 percent of their educational loans for each year of service. Makes provisions of the Public Health Service Act relating to the National Health Service Corps Loan Repayment Program, except as inconsistent, apply to the program. Authorizes appropriations for FY 1989 through 1991. Requires that certain funds appropriated for National Research Service Awards be made available to the Secretary, acting through the Administrator of the Health Resources and Services Administration. (Current law does not specify to whom the funds are to be made available.)
United States · United States Congress · 30 June 1988
Expresses the sense of the Congress that the Government of Nicaragua should: (1) fulfill its pledge in the Esquipulas II agreement to grant a general amnesty to all political prisoners; (2) cease inhumane torture and holding prisoners incommunicado; (3) end random arrests for purposes of political intimidation; (4) allow human rights observers in all parts of prison facilities; (5) compensate former political prisoners; and (6) cease human rights violations.
United States · United States Congress · 28 June 1988
Clinical Laboratory Improvement Amendments of 1988 - Title I: Clinical Laboratories Under the Public Health Service Act - Amends the Public Health Service Act to prohibit soliciting or accepting specimens for laboratory procedures without a license or an accreditation. Requires certain criteria to be met for issuance or renewal of a license, including that the laboratory agrees: (1) not to provide services under referrals from physicians or any entity which has a financial interest in or receives compensation from the laboratory; and (2) to bill patients directly. Makes licenses valid for a maximum of two years. Directs the Secretary of Health and Human Services to issue standards to assure consistent performance, including standards regarding: (1) quality assurance and quality control; (2) maintenance of records, equipment, and facilities; (3) qualifications of certain personnel; and (4) participation in a proficiency testing program. Directs the Secretary to establish: (1) national standards for quality assurance in cytology services; and (2) an external proficiency evaluation system for cytological services. Amends provisions authorizing the Secretary to require payment of fees for the issuance and renewal of licenses to remove the limit on the amount of the fees. Directs the Secretary to annually compile information which is useful in evaluating the performance of a laboratory, including information relating to: (1) convictions for fraud and abuse, false billings, or kickbacks; (2) license revocations; (3) intermediate sanctions; (4) injunctions; (5) performance characteristics; (6) the results of the proficiency testing; (7) inspection deficiencies; and (8) exclusions from participation under title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act. Declares that a laboratory which is accredited by an accreditation body approved by the Secretary is not required to be licensed. Allows the Secretary to approve an accreditation body if certain criteria are met, including that the body's standards must be at least as stringent as those for licensing. Sets forth procedures relating to: (1) withdrawal of an accreditation body's approval; and (2) accreditation of a laboratory. Authorizes the Secretary, on an announced or unannounced basis, to inspect a laboratory and all equipment, containers, records, and other materials. Allows the Secretary, after notice and opportunity for hearing, to revoke, suspend, or limit a license or accreditation for specified causes. Allows suspension before a hearing in certain circumstances. Requires a revocation to stay in effect for at least three years. Requires the suspension of the license of a laboratory which has been excluded from participation under title XVIII (Medicare) of the Social Security Act because of actions relating to quality. Allows temporary and permanent injunctions under suit by the Secretary. Provides for judicial review of license or accreditation revocation, suspension, or limitation. Provides for intermediate sanctions, including civil monetary penalties, and sanctions, including criminal fines and imprisonment. Permits the Secretary, by agreement, to use and pay for the services or facilities of any Federal, State, or local public agency or nonprofit private organization. Allows the Secretary to exempt laboratories from compliance where State laws are at least as stringent. Repeals provisions exempting from licensing requirements laboratories operated: (1) by certain health professionals solely as an adjunct to the treatment of their own patients; and (2) for any person engaged in the business of insurance solely for the purpose of making insurance decisions. Title II: Studies - Directs the Secretary, through the Public Health Service, to conduct studies on various aspects of validity, reliability, and accuracy of tests performed by clinical laboratories and to report the results to the Congress.
United States · United States Congress · 28 June 1988
Medicare and Medicaid Clinical Laboratory Improvement Amendments of 1988 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require that clinical diagnostic laboratories be licensed under the Public Health Service Act. Limits Medicare payments for clinical diagnostic laboratory tests to no more than the lowest amount which the laboratory charged others for such tests. Directs the Secretary of Health and Human Services to report to the Congress within 18 months of this Act's enactment on the changes and Medicare and Medicaid savings wrought by such payment policy. Requires that health maintenance organizations' quality assurance programs assure that outpatient clinical diagnostic laboratory tests are provided only in laboratories which meet this Act's licensing requirements. Allows direct Medicare payments to a laboratory which refers a test to another laboratory only if such other laboratory has no ownership or management relationship with the referring laboratory. Prohibits an entity from providing clinical diagnostic laboratory tests at a physician's direction if such physician has a financial interest in the entity that poses a substantial risk of program abuse. Imposes a civil money penalty and assessment against a person who improperly bills for laboratory services. Requires a physician who orders an unnecessary clinical diagnostic laboratory test to reimburse the laboratory for the performance of such test, unless such physician: (1) did not or could not reasonably be expected to know that such test was unnecessary; or (2) informed the individual to be tested that Medicare will not pay for such test and such individual agreed to pay for it.
United States · United States Congress · 28 June 1988
Long-Term Care Incentives Act of 1988 - Amends the Internal Revenue Code to permit a tax deduction of: (1) $10,000 to any taxpayer who maintains a household in which a chronically ill Medicare-eligible family member resides; and (2) 50 percent of premiums paid for qualified long-term care insurance covering at least 12 months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital.
United States · United States Congress · 23 June 1988
Revises provisions of the Public Health Service Act relating to grants concerning acquired immune deficiency syndrome and concerning sexually transmitted diseases. Authorizes appropriations for sexually transmitted disease projects and programs for FY 1989 through 1991.
United States · United States Congress · 23 June 1988
Title I: Municipal Incinerator Emissions - Amends the Clean Air Act to direct the Environmental Protection Agency (EPA) to promulgate performance standards to control emissions of particulate matter, sulfur dioxide, oxides of nitrogen, carbon monoxide, lead, cadmium, dioxins, dibenzofurans, hydrogen chloride, and mercury from municipal waste incineration units. Requires that such standards reflect the greatest degree of emission limitation achievable through application of the best available control technologies and practices. Deems specified practices and control technologies to be available. Requires that such standards be promulgated within one year of this Act's enactment, take effect within 18 months of enactment, and be reviewed and, if necessary, revised within three years of promulgation and every five years thereafter. Sets forth emission control standards which will be applicable should the EPA fail to promulgate standards. Requires the EPA to promulgate a timetable, within one year of this Act's enactment, for existing municipal waste incineration units to comply with emission control standards, taking into account the remaining useful life of the unit and the threat the unit poses to human health and the environment. Sets forth the maximum number of years which such timetable may allow for the compliance, providing more time as a unit's additional pollution control equipment costs represent a larger proportion of its capital costs. Requires owners or operators of municipal waste incineration units to monitor emissions at the point such emissions move into ambient air and at such other points as necessary to protect human health and the environment and to report the results of such monitoring. Sets monitoring standards, including ones for continuous and periodic monitoring. Sets a 20-year limit on unit permits. Provides for the termination of such a permit if: (1) the unit is not in compliance with permit terms and conditions; (2) compliance with additional conditions is necessary to protect human health and the environment, or will impose minimal costs on the unit owner or operator and reduce air emissions below levels specified in the permit; or (3) enforceable contracts for the treatment or disposal of the unit's ash for the succeeding five years do not exist. Requires that a permit be reviewed at least once every five years. Authorizes concurrent State enforcement of unit emission standards, provided such enforcement is equivalent to Federal enforcement under this Act. Requires that civil penalties imposed against municipalities pursuant to this Act be applied in support of public programs and activities that enhance the protection of the health and environment of their residents. Directs the EPA to establish a model State program, within 18 months of this Act's enactment, for the training and certification of municipal waste incinerator personnel. Requires that incinerator personnel be certified pursuant to a State or EPA training and certification program which is consistent with such program. Subjects any person engaged in the manufacture or sale of municipal waste incineration units or components who misrepresents the performance characteristics of incinerator technology or equipment to a civil monetary penalty plus costs and damages caused by such misrepresentation. Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day. (Currently, only incinerators charging more than 250 tons per day are included.) Title II: Solid Waste Disposal Act Amendment - Amends the Solid Waste Disposal Act to direct the EPA to promulgate regulations, within one year of this Act's enactment, for the safe management of municipal incinerator ash. Requires that landfills into which such ashes are disposed be monofills with groundwater monitoring, two synthetic liners, an additional lower liner, a leachate collection system above all liners, and a leak detection system between the two synthetic liners. Authorizes the disposal of ash in a landfill other than a monofill if requirements more stringent than those imposed on monofills apply. Authorizes the EPA to waive the applicability of this Act's landfill design requirements to solid waste management units receiving incinerator ash if an alternative design will provide at least as effective protection of human health and the environment as such requirements. Prohibits a State from issuing a permit to any new or modified municipal waste incineration unit after 18 months after this Act's enactment unless the State prepares a solid waste management plan which provides cost-effective maximization of resource conservation and the protection of human health and the environment through solid waste reduction, source separation or control, recycling, and other measures. Prohibits the issuance of a permit to a unit unless an ash management plan demonstrating compliance with this Act's requirements has been submitted for the ash from such unit. Requires that before a new or modified unit begins operations it have sufficient capacity to treat or dispose of its ash for the succeeding five years. Directs the EPA, in developing regulations for the management of municipal incinerator ash, to issue criteria and testing procedures for identifying the characteristics of such ash which may pose a hazard to human health or the environment. Authorizes the EPA to require the owner or operator of a municipal incinerator or any facility involved in ash management to test the ash in accordance with such criteria and testing procedures. Requires that any ash which is identified as posing a hazard to human health or the environment be: (1) disposed of pursuant to this Act's requirements; or (2) treated, in accordance with regulations to be promulgated by the EPA, so as to remove the hazards associated with such ash, including the migration of hazardous constituents. Subjects facilities receiving municipal incinerator ash to a permit or other prior approval program and conditions in accordance with a State's solid waste management program. Provides public notice and the opportunity or an informal public hearing prior to the issuance of a permit to an ash management facility. Authorizes the EPA to issue a corrective action order or commence a civil action against the offending facility when there has been a release of a hazardous ash constituent. Directs the EPA to publish guidelines, within one year of this Act's enactment, identifying items or materials that should be removed from municipal waste prior to incineration in order to reduce air emissions.
United States · United States Congress · 21 June 1988
Authorizes the Vietnam Women's Memorial Project, Inc., to construct a commemorative statue within the Vietnam Veterans Memorial to recognize and honor the women of the U.S. armed forces who served in the Vietnam war. Directs the Secretary of the Interior to select a site for the statue within the Memorial. Makes the design proposal subject to the approval of the Secretary, the National Planning Commission, and the Commission of Fine Arts. Prohibits the United States and the District of Columbia from paying any expense of constructing the statue. Expresses the sense of the Congress that: (1) it is fitting and appropriate that such a statue be constructed at the site of the Vietnam Memorial; (2) the Secretary and each of the Commissions should give consideration to the sense of Congress that such a statue should be constructed at that site; and (3) after the addition of such statue no further commemorative works should be added to the Memorial. Requires the Secretary and Administrator of General Services to prepare, transmit to the Congress, and update periodically a list and a description of those commemorative works which have been completed and are located in the District of Columbia and its environs. Prohibits any significant modification to any commemorative work located in the District of Columbia and its environs unless specifically authorized by the Congress.
United States · United States Congress · 16 June 1988
Comprehensive Anti-Drugs Act of 1988 - Title I: Demand Reduction and User Accountability - Subtitle A: User Accountability Act of 1988 - Makes any individual who is convicted of two or more drug or narcotic offenses, or any offense consisting of the distribution of a controlled substance, ineligible for Federal benefits for a specified period. Authorizes the Attorney General to assess a civil penalty on any person who violates the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act. Directs that the proceeds from any penalty be allocated equally to drug education, treatment, and State and local narcotics assistance as the Attorney General shall prescribe. Limits the amount of such penalty. Directs the Attorney General to study the feasibility of prosecuting Federal drug-related offenses in a manner alternative or supplemental to the current criminal justice system and to report the results of such study to the Congress. Provides for the withholding of Federal highway funds to States which do not have in effect and enforce a law which revokes or suspends for a period of not less than: (1) six months the driver's license of a person who is convicted after the date of the enactment of this Act of a violation of the CSA, or for any drug or narcotic offense chargeable under the law of such State or any other State; and (2) one year the driver's license of a person who, in a five-year period, is convicted of more than one of certain offenses. Provides for the apportionment of withheld funds after compliance and for the use of such funds for other projects in the event of noncompliance. Subtitle B: Drug-Free Schools and Businesses Act of 1988 - Requires, as a condition of receiving any Federal contract or assistance, that the recipient maintain a drug-free workplace or activity. Requires the Federal agency administering such contract or assistance to make the recipient aware of such requirement. Requires the agency to terminate the contract or assistance and not to enter into any further contract or assistance with the recipient until such recipient demonstrates effective compliance if the agency, after an opportunity for an agency hearing on the record, determines that a recipient has not complied with such requirement. Specifies that a good faith effort to maintain a drug-free workplace or activity is sufficient to satisfy the requirement. Subtitle C: Drug Testing in the Federal Criminal Justice System - Requires the Attorney General to provide for the mandatory drug testing and retesting of all arrestees for Federal drug-related offenses. Makes it a mandatory condition of release that the individual refrain from the illegal use of any controlled substance. Makes it a mandatory condition of parole that: (1) the parolee submit to regular drug tests administered under the authority of the person supervising the parolee; and (2) the parolee refrain from the use of any controlled substance without a prescription. Makes the latter requirement a mandatory condition of probation. Provides for the random testing of probationers by each probation officer. Subtitle D: Increased and Expanded Treatment of Drug Abuse - Amends the Public Health Service Act (PHSA) to provide for the reduction of the waiting period for drug abuse treatment. Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for the purpose of expanding the capacity of grantees to carry out drug abuse treatment programs. Prohibits the Secretary from making a grant to an applicant unless such applicant: (1) is experienced in the delivery of drug abuse treatment services; (2) is, on the date the application is submitted, carrying out a program for the delivery of such services; (3) as a result of the number of requests for admission into the program, is unable to admit any individual any earlier than one month after the date on which the individual makes a request for such admission; and (4) provides satisfactory assurances to the Secretary that, after funding is no longer available under this Act, the applicant will have access to financial resources sufficient to continue the program. Sets forth further conditions on the making of grants under this Act. Requires independent evaluations of federally-funded drug treatment programs and research into methods of such treatment. Requires the Secretary, in carrying out such evaluations, to: (1) assess the comparative effectiveness and costs of the various methods of treatment utilized for specific patient groups; (2) clarify research and treatment objectives and methodologies; and (3) determine whether entities carrying out such programs have organizational biases with respect to such treatment and the extent to which they are contributing to progress in the development of effective methods of treatment. Directs the Secretary to complete the required evaluation and submit a report of the findings to the Congress within one year. Requires the Director of the Office for Substance Abuse Prevention of the Public Health Service to make grants and enter into contracts to establish: (1) support groups for parents and families of individuals who abuse drugs; and (2) counseling and referral services for such parents and families. Authorizes appropriations. Authorizes appropriations for prevention, treatment, and rehabilitation model projects for high risk groups. Authorizes appropriations for a preventive health services block grant. Authorizes appropriations for emergency substance abuse treatment and preventive rehabilitation. Provides for increased State grants for demonstration projects for the provision to expectant mothers of outpatient residential treatment services. Amends the Rehabilitation Act of 1973 to exclude from the definition of the term "individual with handicaps" any individual who uses, or is addicted to, illegal drugs, with exceptions. Subtitle E: Drug Education Amendments - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations and require that local applications for grants under such Act describe: (1) the extent and nature of the current illegal drug and alcohol problem in each school of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor the effectiveness of its program. Requires an applicant to submit to the State educational agency a progress report on the first two fiscal years of its plan in order to receive the third year's funding. Prohibits such agency from awarding funds for the third year unless it determines that such report shows reasonable progress toward accomplishing the objectives of its plan and of this Act. Requires each State to submit an annual report containing specified information on State or local programs. Restricts the amount of funds allocated for use by a State for the administrative costs of the chief executive officer of such State. Allows a small number of individuals who are not high risk youth to participate in programs for high risk youth if their participation does not significantly diminish the amount or quality of services provided. Subtitle F: Drug-Free Public Housing Act of 1988 - Drug-Free Public Housing Act of 1988 - Directs the Secretary of the Department of Housing and Urban Development (HUD) to establish a clearinghouse to collect information regarding drug abuse in public housing projects in order to respond to public inquiries for assistance and provide referrals. Directs the Secretary to establish a regional program for the training of public housing officials to educate them to the widespread abuse of controlled substances in the communities in which they work. Requires that such program be conducted within 12 months after enactment of this Act by a national training unit established by the Secretary. Title II: Drug Law Enforcement - Subtitle A: Death Penalty for Drug Kingpins - Drug Kingpin Act of 1988 - Amends the CSA to subject to the death penalty any individual who intentionally engages in conduct during the course of a continuing criminal enterprise that results in the death of another individual and who is the principal organizer of the enterprise, if the violation involves a specified quantity of a controlled substance. Sets forth procedural safeguards, such as the right of the accused to reasonable notice that the Government will seek the death penalty. Requires the Government to set forth the aggravating factors which it will seek to prove as the basis for such sentence. Authorizes the court to permit the Government attorney to amend such notice upon a showing of good cause. Provides for a separate sentencing hearing to determine punishment in cases where the Government has filed such a notice and the defendant is found or pleads guilty to an offense which might subject him to the death penalty. Permits information to be presented at the sentencing hearing as to any matter relevant to the sentence or to mitigating or aggravating factors, regardless of its admissibility as evidence at criminal trials, unless its probative value is substantially outweighed by the danger of prejudice, confusion of the issues, or misleading the jury. Grants the Government and the defendant the opportunity to present and rebut information. Specifies the order and burden of proof. Establishes guidelines for the jury or court to follow in considering the information and returning its findings. Directs the court to sentence the defendant to death upon a finding that such a sentence is justified. Specifies mitigating and aggravating factors to be considered. Directs the judge to instruct the jury that it shall not consider the defendant's race, color, national origin, creed, or sex in reaching its decision. Authorizes the court to impose a sentence of life imprisonment without the possibility of parole. Sets forth procedures and standards of review for appeals of the death sentence. Subtitle B: Exclusionary Rule Reform - Amends the Federal criminal code to permit otherwise admissible evidence obtained as a result of a search or seizure to be admitted into evidence if such search or seizure was undertaken in an objective, reasonable, good faith belief that it was in conformity with the Fourth Amendment to the Constitution. Specifies that a showing that evidence was obtained pursuant to, and within the scope of, a warrant constitutes prima facie evidence of such good faith belief, unless obtained through intentional and material misrepresentation. Subtitle C: Authorization of Appropriations for Prisons and Prosecutors - Authorizes appropriations for FY 1989 and 1990 of such sums (and for such purposes) as are specified in the respective budgets transmitted by the President to the Congress for the Federal prison system and U.S. attorneys. Authorizes the Bureau of Prisons to lease prison facilities subject to approval in advance in appropriations Acts. Authorizes the Attorney General to issue debt instruments for purchase by the Secretary of the Treasury to finance the acquisition or construction of a facility to be used for penal or correctional purposes by the Bureau. Subtitle D: Elimination of Diversity Jurisdiction - Eliminates district court jurisdiction based on diversity of citizenship. Subtitle E: State and Local Narcotics Control Assistance - Amends the Omnibus Crime Control and Safe Streets Act to expand the purposes of the grant program to include: (1) introducing innovations in penalties for possession of a controlled substance, such as revocation or suspension of drivers' licenses, ineligibility for State grants, increased criminal and civil fines, and cost recovery of governmental expenses incurred in rehabilitation programs; (2) reducing delays in time between arrest, prosecution, adjudication, and detention of persons accused of violating State or local drug laws, including the development of an alternative or supplemental judicial system for drug-related offenses; and (3) increasing participation in multi-jurisdictional task forces for enforcing drug laws. Prohibits the use of any such grant to provide counsel to assist defendants accused of violations of the CSA or of State or local laws that establish offenses similar to those established in the CSA. Restricts expenditures of drug law enforcement grants to no more than 50% (currently, 75%) of the cost of the identified uses for which such grants are received. Authorizes appropriations. Subtitle F: Drug Enforcement Agency Personnel Support Act of 1988 - Authorizes the Attorney General to use Department of Justice (DOJ) appropriations to pay benefits to Drug Enforcement Agency (DEA) overseas personnel. Directs the Attorney General to report to the Congress within 120 days on the implementation of this subtitle. Subtitle G: Anti-Drug Manufacturing Act of 1988 - Establishes criminal penalties for: (1) polluting U.S. lands while manufacturing, distributing, or dispensing a controlled substance; and (2) creating a substantial risk of harm to human life while possessing or manufacturing a controlled substance. Subtitle H: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the CSA to establish recordkeeping and reporting requirements for the distribution, receipt, sale, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle I: Law Enforcement Officer Protection Act of 1988 - Provides a mandatory penalty (ten years imprisonment, to run concurrently with any other term, and/or a fine) for using a firearm in committing assaults on Federal officers. Establishes penalties for the possession of firearms or dangerous weapons in a Federal courthouse. Permits the court to consider pretrial detention for certain firearms and explosives offenses. Extends the possession of explosives offense to certain airports and increases penalties for possessing explosives in such airports and in Federal buildings. Increases penalties for using an explosive in the commission of a Federal felony. Makes it unlawful for any person to transfer a firearm to any business that does not maintain a place of business in the State in which the transferor resides. Deletes the requirement that stolen firearms and ammunition be in interstate commerce to be a Federal offense. Makes trafficking in firearms without serial numbers unlawful. Authorizes the Attorney General to: (1) make payments from DOJ appropriations for expenses necessary for hosting the General Assembly of INTERPOL's annual meeting and for the periodic sponsorship of INTERPOL conferences relating to international crime; and (2) solicit, accept, and make gifts in connection with certain INTERPOL activities, with specified restrictions. Requires the Attorney General to: (1) promulgate rules for such soliciting, accepting, and giving gifts to avoid creating a conflict of interest; and (2) report annually to the Congress regarding all such gifts. Authorizes electronic communications providers to disclose specified information to a governmental entity under certain circumstances. Subtitle J: Anti-Public Corruption Act of 1988 - Anti-Public Corruption Act of 1988 - Establishes the offense of public corruption and sets penalties for individuals who endeavor by scheme or artifice to deprive the inhabitants of a a State (or political subdivision thereof): (1) of the honest services of a State official or employee; or (2) of a fair and impartial election through fraud. Specifies that, in the case of a conviction under this subtitle for which the motive was to facilitate or further a violation of the CSA or CSIEA, if the maximum imprisonment otherwise provided is less than 20 years, such maximum imprisonment shall be 20 years. Adds public corruption as a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO) and as a basis for authorizing a wiretap. Subtitle K: Increased Penalties - Amends the CSA to provide increased penalties for crack violations. Amends the CSA and CSIEA to provide civil penalties for certain violations involving heroin or cocaine. Subtitle L: Amendments to the Money Laundering Control Act - Amends the Money Laundering Control Act to: (1) include electronic fund transfers in the definition of "monetary instruments"; and (2) encompass property that has been represented to be the proceeds of unlawful activity. Subtitle M: National Forest System Drug Control - Amends the National Forest System Drug Control Act to grant certain powers to special agents and law enforcement officers within and outside the boundaries of the National Forest System if in hot pursuit. Directs the U.S. Forest Service to: (1) oversee investigations and enforcement activities and prepare national and regional strategy plans in coordination with the 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 CSA as such activity relates to the manufacture, distribution, or dispensing of marijuana or other controlled substances within the National Forest System. Subtitle N: United States Postal Service Authority Expansion - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant: (1) the U.S. Postal Service authority to subject to forfeiture specified drugs and drug-related contraband articles; and (2) certain Postal Service officers and employees authority to perform enforcement functions performed by DEA officers or employees. Subtitle O: United States Marshals Service Act of 1988 - United States Marshals Service Act of 1988 - Establishes the United States Marshals Service as a bureau within the Department of Justice. Directs the President to appoint a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia. Sets forth procedures for filling vacancies in the office of a U.S. marshal. Specifies the powers and duties of the Service. Allows the Attorney General to exempt the procurement of contract services under the Department of Justice Assets Forfeiture Fund from certain procurement guidelines if necessary to maintain the security and confidentiality of related criminal investigations. Prescribes a schedule of fees that the Service may collect. Authorizes the Attorney General to use funds appropriated to the Service for the support of U.S. prisoners in non-Federal institutions. Subtitle P: Assimilative Crimes Act Amendments of 1988 - Amends the Federal criminal code to provide that the criminal penalty for operating a motor vehicle under the influence of a drug or alcohol in a special maritime or territorial jurisdiction of the United States shall be the punishment provided under the law of that State, territory, possession, or district. States that whoever operates a motor vehicle in such a jurisdiction consents to certain tests if arrested for driving under the influence of a drug or alcohol. States that any person refusing to submit to such tests shall be denied the privilege of operating a motor vehicle for one year. Subtitle Q: National Guard Drug Law Enforcement Assistance Act of 1988 - Provides that the consent of a Governor may not be withheld with regard to the provision of National Guard assistance to civilian law enforcement officials. Subtitle R: Drug Law Enforcement in Public Housing Projects - Authorizes the Secretary of HUD to establish a demonstration project providing grants to public housing agencies to permit such agencies to prevent drug-related crimes in public housing projects through: (1) the establishment and operation of public housing security and protective services for such projects; or (2) the reimbursement of local law enforcement agencies for additional security and protective services for such projects. Subtitle S: Study of Improvements to Monetary Rewards - Directs the Attorney General to study and report to the Congress concerning: (1) ways to increase cooperation and assistance for drug law enforcement from informants eligible for rewards from the Asset Forfeiture Fund; and (2) the feasibility of establishing a bounty system for alternative rewards. Subtitle T: Deportation of Aliens Amendment - Allows a court, on motion of the Government, to exempt from deportation provisions of the Immigration and Nationality Act an alien who has provided substantial assistance in the investigation or prosecution of a person who has committed a drug offense under the CSA. Subtitle U: Steroid Control Act - Amends the CSA to include methandrosterolone as a Schedule I substance (a drug or substance with a high potential for abuse, which has no currently accepted medical use in treatment in the United States, and which lacks any accepted safety use under medical supervision). Subtitle V: Task Force on Clandestine Drug Laboratories - Joint Federal Task Force on Clandestine Drug Laboratories Establishment Act of 1988 - Establishes the Joint Federal Task Force on Clandestine Drug Laboratories. Directs the Task Force to formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by clandestine drug laboratories. Provides for periodic reports by the Task Force to the President and to each House of the Congress. Subtitle W: Additional Penalties for Operation of a Locomotive or Common Carrier While Under the Influence of Alcohol or Drugs - Provides penalties for the operation of a locomotive common carrier while under the influence of alcohol or drugs. Subtitle X: Miscellaneous Technical Amendments - Sets a mandatory minimum penalty for trafficking in a specified quantity of methamphetamine. Prohibits and establishes penalties for conducting a financial transaction involving the proceeds of specified unlawful activity with the intent to violate the Internal Revenue Code. Title III: International Drug Control - Subtitle A: Multinational Anti-Drug Strike Force - Directs the President to develop a plan to establish a multinational strike force to combat illicit narcotics production and trafficking in the Americas and in Asia. Encourages the President to enter into negotiations with other nations to implement such strike forces. Requires the President to submit to the Congress a report describing such plan and detailing actions taken to implement such strike forces. Subtitle B: Amendments to the Foreign Assistance Act - Amends the Foreign Assistance Act of 1961 (FAA) to provide for exemptions from the prohibition on using international narcotics control assistance to procure weapons or train foreign police forces if the President determines that such assistance or training is necessary to combat illicit drug production or trafficking. Subtitle C: Sense of Congress on the Convening of a Summit of Western Hemisphere Nations Concerning Drug Abuse - Urges the President to convene a meeting of the heads of government of countries in the Western Hemisphere in which illicit drug production, transit, or use is a problem to reach agreement on enhancing international cooperation and information sharing. Subtitle D: Sense of Congress on Suppression of International Narcotics Trafficking - Expresses the sense of the Congress that the suppression of international narcotics trafficking is the most important national security objective within the Western Hemisphere. Subtitle E: Authorization of Appropriations for Assisting Law Enforcement Authorities in Certain Foreign Countries - Authorizes appropriations for FY 1989 for: (1) education and training of law enforcement authorities in certain foreign countries to enhance drug interdiction and eradication efforts; and (2) military assistance for such efforts, especially with respect to rapid deployment capabilities. Subtitle F: Extradition and Mutual Legal Assistance Treaties - Directs the Secretary of State to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Subtitle G: Export-Import Bank Financing for Defense Against Narco-Terrorists - Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with a credit sale of defense articles or services to a major illicit drug producing or drug-transit country if the President certifies to the Congress that such country needs such articles or services in combatting illicit drug production or trafficking. Subtitle H: Increased Intelligence Capabilities - Amends the National Security Act of 1947 to provide that a special activity directed at illicit international drug trafficking shall be deemed to be important to national security for purposes of requirements for presidential approval. Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the use of information concerning illicit drug trafficking obtained by electronic surveillance conducted for foreign intelligence purposes to combat such trafficking. Subtitle I: Mexico-United States Intergovernmental Commission - Amends the International Narcotics Control Act of 1986 to provide for the appointment of Members of Congress to and funding, reporting requirements, and the initial meeting of the Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control. Title IV: Interdiction Improvement - Subtitle A: Use of Armed Forces for Interdiction of Narcotics at United States Borders - Requires the President to use the U.S. armed forces to locate, pursue, and seize aircraft and vessels carrying narcotics, deploy radar and pursuit aircraft, and use the National Guard and Reserves to halt the unlawful penetration of U.S. borders within 45 days after the enactment of this Act. Directs the President to: (1) report to the Congress on the impact and costs of this Act and recommendations for changes in existing law; and (2) submit to the Congress a request for the amount of funds spent and the amount needed to continue the program through FY 1988 and 1989. Provides for a separate budget request, beginning with FY 1990, for funds for the drug interdiction program. Subtitle B: Department of Transportation Study of Establishing Flight Corridors - Directs the Secretary of Transportation to: (1) study the feasibility of establishing flight corridors across the sourthern borders of the United States, including the policy of interdicting aircraft which deviate from such corridors; and (2) report the results of such study to the Congress within 180 days. Subtitle C: Maritime Drug Law Enforcement and Enhancement Act of 1988 - Maritime Drug Law Enforcement and Enhancement Act of 1988 - Chapter 1: Drug Enforcement Budget Improvement - Requires: (1) the President to submit annual reports on Federal drug enforcement expenditures; and (2) each congressional committee to issue a report, by March 15 of each year, describing estimates of the budget required by each agency for the following fiscal year to effectively implement illegal drug enforcement programs within such committee's jurisdiction. Chapter 2: Coast Guard Drug Interdiction Enhancement - Expands the Coast Guard's maritime air surveillance and interdiction authority. Authorizes the Secretary of the department in which the Coast Guard is operating (currently, the Coast Guard) to make inquiries, examinations, inspections, searches, and seizures of aircraft subject to U.S. jurisdiction or law (current law applies only to vessels), order such aircraft to a landing area, and take any other lawful action. Amends the Tariff Act of 1930, as amended, to make moneys from the Customs Forfeiture Fund available to the Coast Guard. Authorizes the commanding officer of a Coast Guard vessel or aircraft, or of a surface naval vessel on which a Coast Guard member is assigned, to fire upon a vessel which does not stop upon being ordered to do so or on being chased. Provides for indemnification of: (1) all persons acting under such commanding officer from any penalties or actions for damages for firing upon such vessel; and (2) Coast Guard members and employees against any claim or judgment which arises out of an act committed within the scope of their official duties in carrying out drug enforcement activities. Authorizes appropriations for the Coast Guard. Directs the Secretary of Transportation to submit to the Congress a draft of legislation relating to special restrictions and inspections for vessels arriving from drug producing countries. Amends the CSA to prohibit the forfeiture of specified vessels under such Act unless it appears that the owner was a consenting party to a violation of such Act. Chapter 3: Great Lakes Drug Interdiction - Directs the Secretary of Transportation and the Commissioner of Customs to enter into an agreement to increase the effectiveness of maritime drug interdiction activities in the Great Lakes area. Provides for increased use of long-range surveillance aircraft in such area. Directs the Secretary of State to enter into negotiations with the Government of Canada to establish an agreement for increased cooperation and information sharing with respect to illegal drug interdiction efforts along the U.S.-Canadian border. Chapter 4: Vessel Identification - Defines "United States vessel" and "documented vessel." Requires the identification of the individual designated as the agent of the owner of the vessel on the certificate of documentation for such vessel. Directs the Secretary of Transportation to establish and maintain a central depository of information relating to the ownership of U.S. vessels. Chapter 5: Reorganization to Coordinate Maritime Law Enforcement Programs - Federal Maritime Administration Act - Establishes the Federal Maritime Administration (FMA) with the Department of Transportation, consisting of the Coast Guard and the National Maritime Service and headed by the Under Secretary for Maritime Affairs and Readiness. Specifies the duties of the Under Secretary. Provides for an Office of Drug Interdiction Coordination within the FMA. Renames the existing Maritime Administration. Transfers certain maritime functions of the National Ocean Service and National Weather Service. Redesignates the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration as the Commissioned Officer Corps of FMA. Provides for incidental transfers, terminations, and miscellaneous provisions. Establishes the Merchant Marine Reserve within the Coast Guard Reserve. Directs the Secretary of Transportation to: (1) issue final regulations to implement this chapter within one year; and (2) make recommendations to the Congress regarding the consolidation of budget authority. Subtitle D: Prohibition on Reissuance of Airman Certificates - Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman certificate to any person whose certificate has been revoked.
United States · United States Congress · 16 June 1988
Abandoned Infants Assistance Act of 1988 - Title I: Foster Care and Residential Care of Infants and Young Children Abandoned in Hospitals - Authorizes the Secretary of Health and Human Services (the Secretary) to make grants to public and nonprofit private entities for demonstration projects to: (1) prevent the abandonment of infants and young children; (2) identify and address the needs of abandoned infants and young children, particularly those with acquired immune deficiency syndrome (AIDS); (3) assist them, particularly those with AIDS, to reside with their natural families or in foster families, as appropriate; (4) recruit, train, and retain foster families; (5) carry out residential care programs; (6) carry out respite care programs for families and foster families of infants and children with AIDS; and (7) recruit and train health and social services personnel to work with such families and residential programs. Sets forth grant agreement and application requirements. Provides for technical assistance for grantees and applicants. Directs the Secretary, directly or through contracts, to provide for evaluations of such projects and dissemination of information developed as a result of such projects. Directs the Secretary to conduct a study to determine an estimate of: (1) the number of infants and young children abandoned in hospitals in the United States and the number of such infants who have AIDS; and (2) the annual costs incurred by Federal, State, and local governments in providing housing and care for such infants and young children. Directs the Secretary, within 12 months after enactment of this Act, to complete such study and report the findings to the Congress. Directs the Secretary to conduct a study to determine the most effective methods for responding to the needs of abandoned infants and young children. Directs the Secretary, by April 1, 1991, to complete such study and report the findings to the Congress. Authorizes appropriations for FY 1989 through 1991 for grants under this title. Prohibits making any such grant after September 30, 1991. Title II: Medical Costs of Treatment with Respect to Acquired Immune Deficiency Syndrome - Directs the Secretary to conduct a study to determine: (1) cost-effective methods for providing assistance to individuals for the medical costs of treatment of conditions arising from infection with the etiologic agent for AIDS, including a determination of the feasibility of risk-pool health insurance for individuals at risk of such infection; (2) the extent to which Federal Medicaid payments under title XIX (Medicaid) of the Social Security Act are being expended for such medical costs; and (3) an estimate of the extent to which such Federal payments will be expended for such medical costs during the five-year period beginning on the date of enactment of this Act. Directs the Secretary, within 12 months after such enactment date, to complete the study of such cost-effective methods and report the findings to specified congressional committees. Title III: General Provisions - Sets forth definitions for purposes of this Act.
United States · United States Congress · 15 June 1988
Nursing Shortage Reduction and Education Extension Act of 1988 - Title I: Initiatives to Reduce Nursing Shortages - Amends title VIII (Nursing Education) of the Public Health Service Act to create a new part on initiatives to reduce nursing shortages. Authorizes the Secretary of Health and Human Services to make grants for demonstrating innovative hospital nursing practice models which include restructuring the role of the nurse, testing innovative wage structures, and evaluating the effectiveness of various benefits. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary to provide, directly or through contracts, for evaluation of the models demonstrated and for dissemination of the information developed. Authorizes the Secretary to make grants to nurse training entities: (1) to demonstrate innovative nursing practice models for services in the home and long-term care facilities designed to increase recruitment and retention of nurses and improve nursing care; and (2) to develop projects to increase the exposure of nursing students to clinical practice in nursing home, home health, and gerontologic settings. Authorizes appropriations for FY 1989 through 1991. Authorizes the Secretary to make grants for the identification of specific community nursing needs and the development and establishment of programs of educational outreach and nurse recruitment. Authorizes appropriations for FY 1989 through 1991. Title II: Special Projects - Amends title VIII (Nurse Education) of the Public Health Service Act to replace provisions relating to nursing education opportunities for individuals from disadvantaged backgrounds with a new subpart on the same topic. Authorizes the Secretary to make grants and enter into contracts for special projects to increase nursing education opportunities for individuals from disadvantaged backgrounds. Prohibits the Secretary from approving or disapproving an application for a grant or contract until after consultation with the National Advisory Council on Nursing Training. Authorizes appropriations for FY 1989 through 1991. Removes provisions authorizing the Secretary to make grants and enter into contracts for special projects to: (1) provide retraining for nurses after periods of professional inactivity; (2) demonstrate clinical nurse education programs which combine educational curricula and clinical practice; and (3) demonstrate methods to encourage nursing graduates to practice in health manpower shortage areas. Replaces provisions authorizing grants and contracts for continuing education for nurses with provisions authorizing the Secretary to make grants and enter into contracts for special projects to demonstrate improved geriatric nursing training. Replaces provisions authorizing grants and contracts to increase the supply or improve the distribution of nurses with provisions authorizing the Secretary to make grants and enter into contracts for special projects to increase the supply of nurses, including bilingual nurses, to meet the needs of rural areas. Revises the description of nursing education special projects eligible for certain grants and contracts with regard to: (1) priorities in training and education to upgrade the skills of paraprofessional nursing personnel; (2) development of curricula for certain nursing baccalaureate and masters degree situations; (3) facilitation of the completion of advanced nurse education programs by certain specialists; and (4) provision of nursing education courses to rural areas through telecommunications via satellite. Authorizes the Secretary to make grants and enter into contracts for special projects to collect the names and addresses of health facilities and nursing students and nurses willing to enter into agreements under which the facilities would repay at least 25 percent of the educational loans for each year of nursing service of the individual in that facility. Authorizes the Secretary to make grants and enter into contracts for geriatric nursing training. Requires applications for grants and contracts to be subject to peer review. Prohibits the Secretary from approving or disapproving an application unless the Secretary has received recommendations from the peer review group and has consulted with the National Advisory Council on Nurse Training. Authorizes appropriations for grants and contracts for special projects in nurse education and for advanced nurse education for FY 1989 through 1991. Revises the guidelines for programs for the education of nurse practitioners and nurse midwives to require that they have not less than six full-time equivalent students. (Current law requires that they have eight students.) Allows service commitments by nurse practitioner or nurse midwife traineeship recipients to include service in an Indian Health Service health center, a Native Hawaiian health center, a migrant health center, or a community health center in addition to the currently-allowed service in a health manpower shortage area or a public health care facility. Authorizes appropriations for certain nurse practitioner and nurse midwife programs for FY 1989 through 1991. Title III: Assistance to Nursing Students - Authorizes the Secretary to make grants for traineeships for students enrolled at least half-time in nursing masters degree programs who agree to complete the degree requirements by the end of the academic year in which the student is to receive the traineeship. Authorizes appropriations for traineeships for advanced education of professional nurses for FY 1989 through 1991. Authorizes the Secretary to make grants for traineeships for licensed registered nurses to become nurse anesthetists and for projects to develop and operate programs for the education of nurse anesthetists. Authorizes appropriations for traineeships for nurse anesthetists for FY 1989 through 1991. Includes, as qualifying for loan repayment under specified provisions, nursing service in an Indian Health Service health center, a Native Hawaiian health center, a public hospital, a migrant health center, a community health center, a nonprofit nursing facility, or a health facility determined by the Secretary to have a critical shortage of nurses. Sets forth financial need and geographic priorities in entering into loan repayment agreements. Authorizes appropriations for FY 1989 through 1991. Amends title VIII (Nurse Education) of the Public Health Service Act to create a new subpart on scholarships. Authorizes the Secretary to make grants for scholarships for nursing students in financial need. Requires applicant schools to agree to: (1) give priority in providing scholarships to individuals from disadvantaged backgrounds; and (2) require student recipients of the scholarships to agree to serve as nurses at least two years in specified types of facilities. Authorizes appropriations for FY 1989 through 1991. Title IV: General Provisions of Title VIII - Changes the composition of the National Advisory Council on Nurse Training to increase the number of members and require representation by practicing professional nurses and from associate degree schools of nursing. Amends title VIII (Nurse Education) of the Public Health Service Act to direct the Secretary of Health and Human Services to provide, directly or through contract, for evaluations of projects carried out under this title and for dissemination of information developed as a result of the projects. Sets forth reporting requirements. Title V: Effective Date - Sets forth the effective dates of this Act.
United States · United States Congress · 15 June 1988
Food Security Act Amendments of 1988 - Amends the Agricultural Act of 1949, effective for the 1988 wheat and feed grain crops, to exempt farmers in counties designated as disaster areas (due to drought or other natural disasters) from repayment of excess deficiency payments.
United States · United States Congress · 14 June 1988
Amends Federal law relating to Interstate highway construction funds to provide that any State which voluntarily reduces the period of availability of apportioned funds for any fiscal year shall be ineligible to receive funds for the succeeding fiscal year.
United States · United States Congress · 2 June 1988
Urges the Government of Iran to uphold the human rights of all its nationals, including members of the Baha'i faith, and to restore fully the rights guaranteed by the Universal Declaration of Human Rights. Calls upon the President to: (1) monitor and report on developments affecting the Baha'i minority in Iran and in other countries; (2) cooperate with other governments in continuing to make appeals to Iran concerning the situation of the Baha'is; (3) initiate and support efforts in the United Nations and its agencies on behalf of the Baha'is; and (4) provide, and urge others to provide, for refugee and humanitarian assistance for those Baha'is fleeing their homelands to escape religious repression.
United States · United States Congress · 19 May 1988
Declares it to be the policy of the United States that employers should give reasonable advance notice to employees affected by major employment reductions. Directs the Secretary of Labor (the Secretary) to encourage: (1) employers to comply with such policy, both directly and by communications with trade associations and other employer organizations; and (2) employer organizations to develop codes of ethics or other mechanisms to publicize and promote such policy among their members. Directs the Secretary to: (1) collect data on the extent to which businesses give or do not give advance notice of major employment reductions, as well as on the circumstances surrounding such reductions; and (2) compile such data and, on request, make it available to the Congress. Authorizes the Secretary to: (1) investigate flagrant instances in which such reductions occur without advance notice; and (2) publicize the facts and circumstances surrounding such instances. Directs the Secretary to make recommendations to deter such occurrences. Requires each government contractor who is required to file a written affirmative action compliance program (pursuant to regulations issued under a specified Executive Order) to specify as an appendix to such program the minimum period of advance notice, and any exceptions thereto, that the contractor will give of major employment reductions. Provides that the substance of such appendix shall not be subject to review or approval by the Secretary or the contracting agency. Provides that nothing in this Act shall be considered to require any advance notice that would interfere with an employer's ability to raise financing necessary to prevent major employment reductions or otherwise impede the continuance of operations.
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
Earmarks a specified amount of funds made available to the Economic Support Fund for FY 1989 to be used for a grant to the National Endowment for Democracy to promote democracy in Nicaragua. Requires that such funds be used in a manner consistent with the Guatemala Peace Accords of August 7, 1987, and the Agreement between the Government of Nicaragua and the Nicaraguan Resistance of March 23, 1988. Specifies that such funds may be provided only to internal groups that have renounced violence and support a negotiated settlement to the conflict in Nicaragua.
United States · United States Congress · 11 May 1988
Debt for Development Act of 1988 - Amends the Foreign Assistance Act of 1961 to authorize the use of up to $75,000,000 in loan repayments from developing countries in FY 1989 for development activities in those countries.
United States · United States Congress · 10 May 1988
Expresses the sense of the Congress that: (1) the United States Trade Representative (USTR) should continue to pursue the U.S. complaint against Japan's obstructive citrus and beef import practices with the General Agreement on Tariffs and Trade (GATT) Council seeking a decision that Japan is in violation of the GATT; (2) the USTR is urged to initiate an investigation of the enforcement of U.S. trade rights or unfair trade practices in response to the petition filed by the Florida Citrus Mutual and others; (3) the USTR should pursue such investigation of the alleged unfair trade practices; (4) the President should use his authority under the Trade Act of 1974 to restore trade benefits due the U.S. citrus industry which arise from Japan's imposition of quantitative restrictions on U.S. oranges and orange juice; and (5) the President should take action to obtain the recommendation of the GATT Contracting Parties that Japan eliminate or bring into conformity with GATT its citrus and beef import practices with respect to U.S. imports.
![Official portrait of Rep. Madigan, Edward R. [R-IL-15]](https://www.congress.gov/img/member/m000041_200.jpg)