United States · United States Congress · 5 May 1988
Amends the Internal Revenue Code to permit cooperatives (farmers' cooperatives, cooperative banks, mutual insurance companies, and rural electric and telephone cooperatives) to: (1) elect to treat as ordinary income or loss any gain or loss from the sale or other disposition of any asset used by the organization to facilitate the conduct of business done with or for patrons; and (2) include such gain or loss in net earnings of the organization from business done with or for patrons.
United States · United States Congress · 4 May 1988
Amends the Federal Unemployment Tax Act to exempt from State unemployment tax law coverage (providing for payments in lieu of unemployment fund contributions) any service performed in the employ of a tax-exempt private elementary or secondary school that is operated primarily for religious purposes. Applies this exemption retroactively to services performed after 1977.
United States · United States Congress · 28 April 1988
Protests Soviet human rights violations, especially the restrictive emigration regulations. Calls upon the President to use the upcoming summit meeting in Moscow to stress the inherent link between respect for human rights and the achievement of lasting peace.
United States · United States Congress · 27 April 1988
Amends the Internal Revenue Code to provide that the income tax rules requiring cost capitalization shall not apply in connection with the qualified artistic work expenses of freelance writers, artists, and photographers. Excludes from qualified expenses those related to printing, photographic plates, motion picture films, video tapes, and similar items. Applies the same exemption with respect to qualified indirect costs of certain film producers, not including any direct costs of a motion picture film or video tape.
United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 18 April 1988
Expresses the sense of the Congress that: (1) the United States Trade Representative (USTR) is commended for initiating an unfair trade practice investigation with respect to the petition filed by the American Soybean Association for the enforcement of trade benefits under a trade agreement; (2) the USTR should pursue its investigation of the alleged unfair trade practices contained in such petition; and (3) the President should use his authority to enforce trade agreements under the Trade Act of 1974 to restore the benefits due the U.S. soybean industry as a result of the European Community agreement to provide duty-free treatment for U.S. soybean products.
United States · United States Congress · 31 March 1988
United States Grain Standards Act Amendments of 1988 - Amends the United States Grain Standards Act to extend authority through FY 1993 for: (1) grain inspection and weighing fees; and (2) authorization of appropriations. Limits annual inspection and weighing administrative and supervisory costs during such period to not more than 40 percent of total administrative and supervisory costs incurred annually by the Federal Grain Inspection Service. Extends authority for appointment of grain advisory committee members to up to 30 days after enactment of this Act.
United States · United States Congress · 31 March 1988
State Grain Fund Protection Act of 1988 - Amends the United States Warehouse Act to permit States to require federally licensed grain warehouses to participate in State grain indemnity funds or to require collateral security.
United States · United States Congress · 30 March 1988
Medical Testing Improvement Act of 1988 - Amends title III (General Powers and Duties) of the Public Health Service Act to remove references to interstate commerce from provisions prohibiting operating a laboratory without a license issued by the Secretary of Health and Human Services. Repeals provisions exempting from statutes regulating laboratories those laboratories operated by physicians, osteopaths, dentists, or podiatrists solely as an adjunct to the treatment of their own patients. Requires an annual inspection of laboratories to insure compliance with standards issued by the Secretary. Requires laboratories to qualify under a quarterly proficiency testing program established by the Secretary, including testing for each category of test which the laboratory is authorized to perform under its license. Requires the Secretary to maintain a technical and staff capacity to provide training and technical assistance to laboratories requesting such service and to laboratories which do not qualify under the proficiency testing program. Allows the proficiency testing to be performed by a private entity only if the entity meets standards established by the Centers for Disease Control. Requires the Secretary to maintain the capacity to conduct the testing. Makes laboratory licenses issued by the Secretary valid for one year instead of three years. Removes the cap on the fee for issuance or renewal of licenses. Directs the Secretary to make grants to a State which enacts laws providing for standards equal to or more stringent than under the provisions amended by this Act to assist the State in implementing the laws.
United States · United States Congress · 30 March 1988
National Agricultural Product Technology Development Act of 1988 - States that the purpose of this Act is to assist applied agricultural research and development through a matching grant program in order to: (1) increase production of new commercial products from agricultural commodities; and (2) decrease agricultural production and processing costs in order to increase U.S. competitiveness and market shares. Directs the Secretary of Agriculture to provide for the establishment of a National Agricultural Product Technology Institute as an independent entity within the Department of Agriculture. Creates the National Agricultural Product Technology Board to head the Institute. Sets forth related operating and administrative provisions. Establishes in the Treasury the Agricultural Product Technology Fund to carry out Institute programs. Establishes an agricultural product technology research and development program to: (1) provide three-year matching grants to private or public research or educational organizations, government agencies, and commercial entities, or any combination of such groups, for new product or cost reduction projects; and (2) establish and maintain programs of information collection and dissemination. Requires entities receiving new product funds to agree to engage in commercial production and sale of any project-developed products. Sets forth project funding limitations. Authorizes appropriations. Terminates project authority under this Act on June 30, 2000.
United States · United States Congress · 30 March 1988
Federal Law Enforcement Officers Death Penalty Act of 1988 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 29 March 1988
Designates the Federal office building located at the corner of Locust Street and West Cumberland Avenue in Knoxville, Tennessee, as the John J. Duncan Federal Office Building.
United States · United States Congress · 29 March 1988
Amends the Revenue Act of 1987 to delay until October 1, 1988, the imposition of excise tax on wholesale sales of diesel and aviation fuels. (Under current law the tax applies to sales after March 31, 1988.)
United States · United States Congress · 29 March 1988
Amends the Internal Revenue Code to allow an income tax credit for farmers' or ranchers' charitable contributions of certain agricultural products. Sets the amount of the credit at ten percent of the taxpayer's choice of either the wholesale market price or the most recent sale price of the product. Describes products eligible for the credit. Disallows the credit with respect to amounts permitted as tax deductions.
United States · United States Congress · 24 March 1988
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 22 March 1988
Montgomery GI Bill Amendments of 1988 - Directs the Administrator of Veterans Affairs to make payments to veterans who are entitled to veterans' educational assistance but who have become so physically or mentally handicapped that such individuals are unable to utilize such educational assistance. Directs the Administrator to make such payments to a qualifying veteran's survivors in the event of a veteran's death while on active duty or within six years of such individual's discharge, according to a certain order of priority. Deducts the amount of educational assistance received by the veteran before enactment of this Act from the amount to be paid under this Act. Authorizes entitlement to basic educational assistance for veterans who are discharged or released from active duty for a disability that existed before becoming or entering into active duty as a member of the armed forces. (Currently, such entitlement is limited to those discharged or released for either a service-connected disability or for hardship.) Authorizes the same entitlement for members discharged or released from the Selected Reserve. Authorizes the Administrator to approve the pursuit of flight training by an individual entitled to basic educational assistance if such training meets conditions specified in this Act. Specifies the amount of flight assistance to be provided. Directs the Administrator to pay educational assistance for refresher courses in the individual's area of education, deficiency courses, or other preparatory or special educational assistance necessary to enable the individual to pursue an approved program of education. Limits the length of such payments for refresher courses. Allows an individual currently on active duty who originally chose not to receive basic educational assistance to enroll in such program within 60 days after the enactment of this Act. Outlines provisions relating to the implementation of such enrollment, including "catch-up" payments or deductions from pay in order to receive such educational assistance. Requires a certain minimum payment or pay deduction before an individual becomes so qualified. Directs the Secretary of each military department to inform individuals of the opportunity to enroll for such assistance under this Act. Prohibits the payment of any basic educational assistance to members of the Selected Reserve until such members have completed their initial periods of active duty for training required by the military department concerned. (Currently, such members must complete such training plus serve in the reserves for at least 180 days before being eligible.) Authorizes the Administrator to approve the pursuit of flight training by a member of the Selected Reserve who is entitled to basic educational assistance, if such training meets conditions specified in this Act. Specifies the amount of flight assistance to be provided. Provides that educational assistance may only be provided for an approved program of education for purposes of the All-Volunteer Force Educational Assistance Program. (Currently, such assistance may be provided for a program of education at an institution of higher learning and may not be provided for post-graduate study.) Limits the amount of monthly educational assistance to be provided to an individual pursuing a full-time program of apprenticeship or other on-the-job training. Reduces the amount of assistance provided in any month in which such individual fails to complete at least 120 hours of training. Provides a limited educational assistance payment as determined by the Administrator for individuals participating in a less-than-half-time pursuit of a program of education. Provides that an individual serving in the Selected Reserve may not receive credit for such service under both veterans' educational assistance provisions and the All-Volunteer Force Educational Assistance Program, but shall instead elect the program to which such service is to be credited. Revises provisions concerning the time limitation applicable for the use of basic educational assistance by a member of the Selected Reserve who is separated from such service because of a disability incurred on or after the date on which such person became entitled to educational assistance. Directs the Secretary of Defense, at the request of the Administrator, to transmit a notice of entitlement for each such person becoming eligible for educational assistance to the Administrator.
United States · United States Congress · 17 March 1988
Amends title IV (National Research Institutes) of the Public Health Service Act to require the Director of the National Center for Nursing Research to acquire, construct, improve, or repair laboratories and other research facilities to increase the capacity of institutions of higher education to conduct nursing research. Authorizes the Secretary of Health and Human Services to make grants and enter into contracts for such purposes. Requires the Director, from amounts appropriated under this Act, to reserve 15 percent to carry out such purposes through grants to, and contracts with, institutions that received less than an aggregate of a specified amount in Federal financial assistance for research and development in the preceding two fiscal years. Requires matching funds, in cash or in kind, from non-Federal sources. Directs the Secretary to require technical and scientific peer review of applications for grants and contracts. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 17 March 1988
Calls for the reestablishment of the National Bipartisan Commission on Central America to study the nature of U.S. interests in the region and the threats now posed to those interests. Directs the Commission to provide advice to the President, the Secretary of State, and the Congress on a long-term U.S. policy and on a means of building a national consensus on a comprehensive U.S. policy for the region.
United States · United States Congress · 16 March 1988
Amends Federal law to direct the President to annually proclaim the first Thursday in May as a National Day of Prayer. (Current law directs the President to set aside and proclaim a suitable day each year, other than a Sunday, for such purpose.)
United States · United States Congress · 16 March 1988
Requests the President to issue a proclamation commemorating the 50th anniversary of the Javits-Wagner-O'Day Act, which occurs on June 25, 1988. (The Javits-Wagner-O'Day Act, formerly known as the Wagner-O'Day Act, provides employment and ancillary support services to blind and handicapped individuals.)
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
United States · United States Congress · 14 March 1988
Expresses the sense of the House of Representatives that FY 1989 funding for Federal-aid highway and mass transit programs should be at levels established by the Surface Transportation and Uniform Relocation Assistance Act of 1987.
United States · United States Congress · 10 March 1988
Defense Industrial Base Preservation Act of 1988 - States various congressional findings regarding the importance of a strong industrial base for the United States. Directs the Under Secretary of Defense for Acquisition (the Under Secretary) to: (1) provide overall policy guidance and direction to the military departments and defense agencies on matters relating to the maintenance, expansion, and readiness of the U.S. industrial base; (2) analyze, on a continuing basis, the capabilities of the U.S. industrial base to meet national security requirements in time of peace, war, or national emergency; and (3) develop plans and programs that promote the ability of the U.S. industrial base to meet such requirements. Directs the Under Secretary to ensure that the program management and acquisition plan for each major defense acquisition program and for any other such program as designated by the Under Secretary for the Department of Defense (DOD) provides for a continuing analysis of all factors that affect the capability of the defense industrial base to manufacture the system required under such program, as well as to maintain such system during its service life. Requires the Under Secretary to be responsible for compiling and analyzing all data obtained in order to ensure that the U.S. industrial defense base capabilities for such major defense acquisition programs have been assessed by the military department or defense agency involved and by the Office of the Secretary of Defense. Directs the Secretary of each military department and the head of each defense agency to identify items of supply that are suitable substitutes for standard military supply items and that are readily available commercially, and to plan for the procurement of such substitute supply items. Directs the Under Secretary to monitor any such action taken by either the Secretary of the military department involved or the head of the defense agency involved. Directs the Secretary of the military department involved or the head of each defense agency to prepare and maintain inventory records of all Government-owned industrial plant equipment furnished to a contractor by such military department or defense agency. Directs such Secretary or the head of such agency, in furnishing equipment to contractors, to give preference to each manufacturer or producer who has entered into an agreement with such Secretary or defense agency head to expand production of supplies and equipment in the event of war or other national emergency. Directs the Secretary of each military department and the head of each defense agency to restrict to domestic firms the competition for all or a portion of a contract opportunity to fulfill such department's or agency's requirements for material, components, or supply items that are products of an emerging technology as listed under this Act. Directs the Under Secretary, in consultation with the above officials, to ensure that the procurement authority exercised above is only in connection with a coordinated program that provides for the support and development of emerging technologies by domestic firms. Directs the Under Secretary to publish in a specified Federal publication a list of the emerging technologies that, upon development, will substantially enhance the capabilities of the U.S. industrial base to meet national security requirements. Authorizes the Secretary of each military department and the head of each defense agency to: (1) restrict to domestic firms the competition for contract opportunities to fulfill such department's or agency's requirements for the procurement of critical supply items, under a specified condition; (2) award a contract in any fiscal year for the procurement of a critical supply item to a contractor that manufactures or produces such item in the United States, under a specified condition; and (3) award more than one contract for the procurement of a critical supply item if doing so is necessary to ensure that at least some percentage of the items to be supplied is manufactured in the United States. Outlines specifications to be included in each solicitation issued by a military department or defense agency for the procurement of a weapon system or other item of equipment pursuant to a major defense acquisition program, with regard to critical supply items needed in connection with such program, requiring a minimum percentage, stated on the basis of cost, of such items to be furnished by one or more domestic firms as opposed to awarding the entire contract to a foreign firm. Requires any foreign firm receiving a major defense or weapon system contract to follow provisions in such contract requiring a specified percentage of the supply items to be used in such contract to be produced in the United States. Directs the Under Secretary, for purposes of these provisions, to determine what items of supply are critical items and to publish a list of such items in a specified DOD publication. Authorizes the Secretary of each military department and the head of each defense agency to provide a preference to each domestic firm which is designated by such Secretary or agency head as a planned source of item procurement in time of war or other national emergency, within a specified limitation. Directs the Secretary of each military department and the head of each defense agency, with respect to each major defense acquisition program conducted by such agency or department, and any other acquisition program designated to such department or agency by the Secretary of Defense, to ensure that, to the maximum extent practicable, the acquisition plan provides for contract solicitations to include provisions which encourage competing offerors to acquire, for utilization in the performance of the contract, modern production equipment that increases the productivity of the offerors. Outlines information to be contained in contract solicitation provisions regarding such acquisition plans. Directs the Secretary of Defense, with the prior approval of the Attorney General, to approve any joint program agreement entered into by two or more domestic firms for the purpose of carrying out a research and development program utilizing emerging technologies or advanced manufacturing technology in ways that enhance the defense industrial base. Directs the Under Secretary to ensure that such program is coordinated with other defense industrial base programs. Expresses the findings of the Congress that certain acts (unfair trade practices, violations of certain export agreements, or false certifications concerning the foreign content of a supply item), whether committed by a domestic or foreign firm, will indicate a lack of business honesty or integrity on the part of such firm, and will allow for the authorization of trade suspension or debarment procedures, as specified under this Act, against a contractor. Authorizes the Secretary of a military department or the head of a defense agency, in cases of the interests of vital U.S. defense, to waive such provision and award a contract to a subcontractor or contractor who has been suspended or debarred. Directs the Secretary to provide for clauses in licensing agreements between a domestic and a foreign firm relating to the assurance of contract performance, and for the payment of liquidated damages for any breach of the licensing agreement by such foreign firms. Provides for the deposit of liquidated damages paid to the United States. Provides that funds appropriated for procurement for the military departments and defense agencies for FY 1989 through 1991 shall be available to the Secretary to carry out the DOD Manufacturing Technology program during such fiscal years, in specified amounts, and to carry out the DOD Industrial Modernization Incentives program for such fiscal years, in specified amounts. Prohibits the head of a defense agency from procuring machine tools manufactured in whole or in part outside the United States, with specified exceptions (relating to the ease of acquiring or producing such items within the United States).
United States · United States Congress · 10 March 1988
Expresses the sense of the Congress that the Secretary of Transportation (the Secretary) should: (1) investigate the management of Texas Air Corporation and Eastern Air Lines since the acquisition of Eastern by Texas Air to determine (according to prescribed guidelines) the effect of such management upon the public interest; (2) use the investigation findings as a basis for decisions in pending and future cases involving proposed changes in domestic and international operations of Eastern; (3) not authorize the operation of any entity as a subsidiary of Texas Air in performing any air transportation operations until completion of a review to determine whether such performance is consistent with the public interest; (4) not authorize any Texas Air subsidiary to engage in air transportation until the application for such certificate has been reviewed; (5) not authorize Orion Air to provide contract services with Eastern unless Orion establishes conclusively its capability of conducting such operations with the highest degree of safety; (6) not expedite consideration of Orion's request to operate under contract with Eastern by diverting employees of the Department of Transportation or the Federal Aviation Administration from their responsibilities of ensuring the safety of previously authorized operations; and (7) require, as a condition of any approval of Orion's request to operate under contract with Eastern, that purchasers of tickets for such service must be informed at the time of making reservations of the identity of the carrier having operational responsibility for such service.
United States · United States Congress · 9 March 1988
American Heritage Trust Act of 1988 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used to provide for the preservation of the Nation's recreational areas. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments. Repeals a specified section concerning publicity and signing provisions. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact.
United States · United States Congress · 9 March 1988
Declares that the President should: (1) posthumously award the Presidential Medal of Freedom to Charles E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their efforts to document the Afghan struggle for freedom; and (2) present the award to those individuals' families on March 21, 1988, the start of the new year in Afghanistan.
United States · United States Congress · 7 March 1988
Supports U.S. assistance to the Afghan resistance. Declares that any settlement in Afghanistan must: (1) provide for Afghan self-determination; (2) outline a definite timetable of less than ten months for the complete withdrawal of Soviet troops; and (3) provide for the safe return of refugees. Supports Pakistan's efforts to achieve a settlement agreement in current negotiations in Geneva with Pakistan. Urges the President to support a solution acceptable to the Afghan resistance, insist on the withdrawal of Soviet advisers with the troops, require the Soviets to terminate all forms of military assistance to the Kabul regime, and ensure continued international assistance to the Afghan refugees until all Soviet bloc forces have been withdrawn. Expresses the House of Representatives': (1) support for increased U.S. humanitarian assistance to the Afghan people during and following a Soviet withdrawal; (2) support for an international observer force to monitor Soviet compliance with a withdrawal agreement; (3) belief that the U.S. Government should not restrict assistance to the Afghan resistance until the President has determined that the Soviets have ended their occupation and that the mujahadeen can maintain its integrity during the transition period leading to new elections; and (4) sense that U.S. obligations are contingent on Soviet compliance with any withdrawal agreement.
United States · United States Congress · 3 March 1988
Designates the week of June 26 through July 2, 1988, as National Safety Belt Use Week. Authorizes and requests the President to: (1) urge the people to wear safety belts and use child safety seats; and (2) encourage State and local governments and concerned organizations and officials to promote greater use of these safety devices.
United States · United States Congress · 1 March 1988
Women in Development Act of 1988 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 24 February 1988
Amends the Internal Revenue Code to prohibit imposition of the excise tax on the sale of diesel or aviation fuel to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.) Prohibits imposition of the gasoline tax on the sale or removal of gasoline by any person (or for resale to a second person) for use on a farm for farming purposes.
United States · United States Congress · 24 February 1988
Amends the Internal Revenue Code to exempt from the required application of uniform inventory cost capitalization rules any plant or animal produced by a taxpayer in a farming business, regardless of the product's preproductive period.
United States · United States Congress · 24 February 1988
Repeals specified provisions of the Tax Reform Act of 1986 that eliminated income averaging. Provides that the Internal Revenue Code (IRC) be applied and administered as if such provisions had not been enacted. Amends the IRC to restore income averaging for a person: (1) actively engaged in the trade or business of farming, including aquaculture; and (2) whose average annual gross income for the three preceding taxable years is at least 50 percent attributable to farming.
United States · United States Congress · 16 February 1988
Amends the Internal Revenue Code to allow an individual taxpayer a refundable income tax credit, in an amount based on adjusted gross income (minimum credit of $150), for each dependent below the age of compulsory school attendance in the State where the taxpayer resides. Sets the maximum credit amount as the total employee tax withheld from the taxpayer's wages during the year under the Federal Insurance Contributions Act. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 15, unless the child is physically or mentally incapable of self-care.
United States · United States Congress · 8 February 1988
Amends the Internal Revenue Code with respect to the Boat Safety Account in the Aquatic Resources Trust Fund to: (1) authorize transfers into the account of motorboat fuel taxes received before October 1, 1999 (current law provides authorization until October 1, 1988); (2) increase from $45,000,000 to $60,000,000 the amount permissible in the Account without triggering a prohibition of Highway Trust Fund transfers into the Account for FY 1988 and thereafter; and (3) extend from April 1, 1989, to October 1, 1999, the date before which expenditures may be made from the Account for recreational boating safety programs. Grants the Secretary of the department in which the Coast Guard is operating liquidating contract authority with respect to State recreational boating safety programs in an amount equal to one-half (currently two-thirds) of the amount of motorboat fuel taxes transferred to the Account in FY 1988 and thereafter. Increases from one-third to one-half the portion of such funds available for Coast Guard services in connection with recreational boating safety services. Prohibits fiscal year expenditures for Coast Guard expenses from exceeding those for State boating safety programs generally. Amends Federal law to permit a State to use contributions of funds, materials, lands, and services to carry out certain fish restoration and management projects in lieu of paying its share of the activity.
![Official portrait of Rep. Madigan, Edward R. [R-IL-15]](https://www.congress.gov/img/member/m000041_200.jpg)