United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 20 April 1988
Expresses the sense of the Congress that the National Economic Commission should adopt the position that the only effective means to balance the Federal budget is to restrain the real rate of Federal spending to a level below the real rate of economic growth without increasing taxes above the current share of the gross national product, unless such revenue increases can be achieved with a reduction in tax rates.
United States · United States Congress · 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 · 24 March 1988
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 24 March 1988
Amends the National Housing Act to exempt the single family home mortgage insurance program administered by the Secretary of Housing and Urban Development and the guarantee authority of the Government National Mortgage Association from sequestration or reduction under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 22 March 1988
Section 457 Clarification Act of 1988 - Amends Internal Revenue Code accounting rules governing the year of inclusion of compensation deferred under qualified plans of State and local governments and of private tax-exempt organizations. Declares the rules to be inapplicable to both nonelective deferred compensation and basic employee benefits, including bona fide vacation plans, sick leave plans, sabbatical leave, and similar benefits.
United States · United States Congress · 17 March 1988
Civil Rights Protection Act of 1988 - Amends title IX (Prohibition of Sex Discrimination) of the Education Amendments of 1972 to define the phrase "program or activity" and the term "program" to mean all the operations of the following entities, any part of which is extended Federal financial assistance: (1) the part of a department, agency, special purpose district, or other instrumentality of a State or local government to which the assistance is extended; (2) the part of the entity of a State or local government which distributes such assistance; (3) a college, university, or other postsecondary institution, or public system of higher education; (4) a local educational agency, system of vocational education, or other school system; and (5) a corporation, partnership, or other private organization or sole proprietorship. States that such terms do not include any operation of an entity which is controlled by a religious organization. States that nothing in such Act shall be construed to: (1) require or prohibit any person or entity to provide or pay for an abortion; or (2) permit a penalty to be imposed upon any person who is seeking or has had a legal abortion. Amends the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to define the phrase "program or activity" to mean all of the activities of the aforementioned entities. States that nothing in this Act shall be construed to extend the application of such Acts to: (1) ultimate beneficiaries of Federal financial assistance excluded from coverage before the enactment of this Act; (2) any part of a church or synagogue, if such part does not receive Federal financial assistance; (3) any grocery store, supermarket, or other similar business entity based upon participation in the Federal Food Stamp Program; or (4) any farm, farmer, ranch, or rancher based upon participation in any Federal agricultural program. States that this Act does not require any individual or hospital, or other institution, program, or activity that receives Federal financial assistance to perform or pay for an abortion. Amends the Rehabilitation Act of 1973 to provide that the anti-discrimination provisions relating to employment shall not apply to individuals having a contagious disease or infection who, by reason of such disease or infection: (1) would constitute a direct threat to the health or safety of others; or (2) are unable to perform the duties of the job.
United States · United States Congress · 15 March 1988
National Appliance Energy Conservation Amendments of 1988 - Amends the Energy Policy and Conservation Act to include fluorescent lamp ballasts within the list of products covered by the Act. Directs the Secretary of Energy to prescribe by July 1, 1989, test procedures for such ballasts manufactured on or after January 1, 1990. Directs the Federal Trade Commission to prescribe labeling rules for such ballasts according to specified guidelines. Sets forth energy efficiency standards for such ballasts. Preempts State energy conservation standards for such ballasts unless such standards were prescribed or enacted before the date of enactment of this Act.
United States · United States Congress · 10 March 1988
Nuclear Standardization and Safety Reform Act of 1988 - Title I: Establishment of Agency - Establishes the Nuclear Safety Agency as an independent regulatory agency to succeed the Nuclear Regulatory Commission. Sets forth the Agency's officers and administration (including a Director and Deputy Director to be appointed by the President with the advice and consent of the Senate). Abolishes the Nuclear Regulatory Commission. Transfers Commission functions, assets, and staff to the Nuclear Safety Agency. Sets forth transition procedures. Title II: Standardization and Licensing - Amends the Atomic Energy Act of 1954 to direct the Agency to establish procedures for the preapproval of a limited number of standardized facility designs for production or utilization facilities for a ten-year period. Authorizes the Agency to consider design approval requests for any major subsystem that represents discrete elements of a production or utilization facility. Requires the Agency to specify by regulation the criteria and requirements for any subsystem approval. States that a design approval shall be considered to be a license. Sets forth guidelines for the issuance of a design approval, including ten-year renewal terms. Authorizes the Director to issue a site approval permit for a ten-year period even if an application for a construction permit or operating license has not been filed. Outlines the site approval procedure and the procedures for facility construction permits and operating licenses. Title III: Conforming Amendments - Sets forth conforming amendments. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 9 March 1988
Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman's certificate to any person whose certificate has been revoked for activities relating to controlled substances. (Current law limits such prohibition to a five-year period beginning on the date of revocation.)
United States · United States Congress · 9 March 1988
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 · 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 · 1 March 1988
Calls upon the President to: (1) maintain U.S. military and humanitarian assistance to the Afghan resistance until the Soviet Union withdraws its forces from Afghanistan; and (2) ensure that any political solution to the war in Afghanistan guarantees the self-determination of the Afghan people.
United States · United States Congress · 16 February 1988
Amends the Internal Revenue Code to allow an individual taxpayer a refundable income tax credit, in an amount based on adjusted gross income (minimum credit of $150), for each dependent below the age of compulsory school attendance in the State where the taxpayer resides. Sets the maximum credit amount as the total employee tax withheld from the taxpayer's wages during the year under the Federal Insurance Contributions Act. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 15, unless the child is physically or mentally incapable of self-care.
United States · United States Congress · 3 February 1988
Long-Term Health Care Amendments of 1988 - Title I: Medicare Long-term Care Benefits - Amends title XVIII (Medicare) of the Social Security Act to add a new part C entitled "Long-Term Care Benefit Program." (Redesignates the current part C as part D.) Provides coverage for the home health services and nursing care required by individuals who are eligible for part A (Hospital Insurance) benefits. Sets forth the formula for determining the long-term care deductible for a calendar year, increasing the size of such deductible as an individual's income exceeds $10,000. Conditions payment of long-term care providers on: (1) such providers making written requests for payment within three years of furnishing service; and (2) a physician's certification that the beneficiary needs or needed nursing facility care or home health services, and that home health services are or were furnished while the individual is or was under a physician's care. Prohibits physicians who have a significant ownership interest in, or a significant financial or contractual relationship with, a home health agency from performing such a certification of the agency, unless it is a sole community home health agency. Pays providers the lesser of the reasonable cost or the customary charges for part C services. Prohibits part C payments: (1) to Federal providers; and (2) for services for which an individual is entitled to be paid under part A of the Medicare program. Amends the Internal Revenue Code to increase the hospital insurance tax rates and contribution and benefit base and reduce the old age, survivors and disability insurance tax rates for taxable years beginning with 1989. Includes nursing care furnished under the supervision of a registered or licensed professional nurse as well as care provided in a skilled nursing or intermediate care facility within the scope of nursing facility care. Requires the Board of Directors of the Federal Hospital Insurance Trust Fund to provide for a separate accounting of the additional taxes deposited into such fund by reason of this Act and the disbursements from such fund for part C benefits. Makes Medicare the primary payor where part C benefits are also covered under employment-related group health plans. Title II: Incentives for Individuals to Purchase Long-Term Care Insurance - Amends the Internal Revenue Code to allow individuals to deduct certain qualified long-term care insurance premiums they have paid on behalf of eligible beneficiaries. Defines a "qualified long-term care insurance policy" as a policy certified by the Secretary of Health and Human Services and providing coverage for diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services provided in a setting other than a hospital acute care unit. Excludes from gross income any distribution from an individual retirement plan if: (1) the payee has attained age 59 1/2 on or before the date of the distribution; and (2) the distribution is used to pay premiums for any qualified long-term care insurance policy for the payee or a spouse meeting the same 59 1/2 year age requirement. Excludes from the gross income of an individual otherwise taxable amounts derived from the whole or partial surrender, cancellation, or exchange of any life insurance policy if: (1) the individual is age 65 or older on the date of the transaction; and (2) the amounts in question are used to pay premiums for any qualified long-term care insurance policy for the individual or a spouse meeting the same 65-year age requirement. Title III: Incentives for Employers to Provide Group Long-Term Care - Amends the Internal Revenue Code to provide that a trust forming part of a pension plan shall not be treated as a nonqualified trust merely because such plan covers qualified long-term health care of employees or retired employees.
United States · United States Congress · 2 February 1988
Child Protection and Obscenity Enforcement Act of 1988 - Title I: Child Pornography - Amends the Federal criminal code to make it illegal to use a computer to transport information in interstate or foreign commerce concerning the visual depiction of minors engaging in sexually explicit conduct (child pornography). Establishes criminal penalties for buying, selling, or transferring the custody of a minor: (1) knowing that, as a consequence of the sale or transfer, the minor will be used in child pornography; or (2) with the intent to promote child pornography. States that such sale or transfer must involve: (1) the minor or other actor traveling in interstate or foreign commerce; (2) communications in interstate or foreign commerce; or (3) conduct in a territory or possession of the United States. Requires any person who produces a book, magazine, periodical, film, videotape, or other matter which contains any visual depiction of sexually explicit conduct (which is shipped or intended for shipment in interstate or foreign commerce, or contains material shipped in interstate or foreign commerce) to maintain certain records regarding the performers portrayed in such conduct. Directs the Attorney General to issue regulations regarding the maintenance and availability of such records. Includes the sexual exploitation of children as a predicate offense to the Racketeer Influenced and Corrupt Organizations (RICO) statute. Title II: Obscenity - Makes it a Federal criminal offense to receive or possess, with the intent to distribute, obscene matter which has been transported in interstate or foreign commerce. Makes it a Federal criminal offense to knowingly use a facility or means of commerce to sell or distribute obscene matter in interstate or foreign commerce. Establishes a rebuttable presumption, with respect to Federal criminal offenses involving obscene matter, that obscene matter produced in one State (or outside the United States) which is subsequently located in another State (or in the United States) was transported, shipped, or carried in interstate (or foreign) commerce. Establishes criminal and civil forfeiture procedures with respect to Federal offenses involving obscene material and child pornography. Includes communications by means of cable or subscription television within the prohibition against broadcasting obscene language. Amends the Communications Act of 1934 to modify the penalty provisions of such Act with respect to obscene telephone communications. Amends the Federal criminal code to establish criminal penalties for the possession or sale of obscene matter on Federal property. Adds obscenity offenses to the list of crimes for which the Government may obtain wiretaps.
United States · United States Congress · 2 February 1988
Amends the Toxic Substances Control Act to change to November 1, 1989 (or February 1, 1990, if no regulations have been promulgated by the Administrator of the Environmental Protection Agency) the date by which a local educational agency (LEA) must submit an asbestos management plan developed pursuant to regulations under such Act to the Governor of the State. Changes to August 1, 1990, the date by which each LEA must begin the implementation of such plan. Changes to May 1, 1989, the date by which the LEA must inspect for asbestos-containing material in each school building under its authority. Changes to November 1, 1989, the date by which such LEAs must implement an operation and maintenance plan with respect to friable asbestos-containing material in school buildings. Changes to February 1, 1990, the date by which LEAs must develop an asbestos management plan for submission to the Governor of the State.
United States · United States Congress · 27 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes or for any other use not as a fuel in a diesel-powered highway vehicle or train. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)
United States · United States Congress · 27 January 1988
Expresses the sense of the House of Representatives that the Congress should freeze the Federal budget for FY 1989. States that discretionary programs in the Federal budget for FY 1989 should be frozen at FY 1988 levels.
United States · United States Congress · 25 January 1988
Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988 with respect to funds appropriated to the Federal Communications Commission (FCC). Repeals a prohibition against using such funds to repeal, modify, review, or extend waivers in connection with FCC rules governing the common ownership of a daily newspaper and a television station whose primary field strength contour encompasses the same community.
United States · United States Congress · 18 December 1987
Requires the Secretary of Commerce to ensure that during any decennial census: (1) no member of the armed forces, civilian employee of the Department of Defense, or dependent of such member or employee, is excluded based on such member or employee being assigned to a post outside the United States; and (2) any alien not lawfully admitted for permanent residence is not included.
United States · United States Congress · 18 December 1987
Requires the Secretary of Commerce to ensure that no member of the armed forces, civilian employee of the Department of Defense, or dependent of such member or employee is excluded from any decennial census based on such member or employee being assigned to a post outside the United States.
United States · United States Congress · 18 December 1987
Expresses the sense of the Congress that Project Impact of the Combined Accident Reduction Effort should be supported by every State and should be recognized as a model project to educate the Nation's youth regarding the impact of drug and alcohol abuse upon driving safety.
United States · United States Congress · 16 December 1987
Congressional Salary Act of 1987 - Amends the Federal Salary Act of 1967 to make the recommendations of the President relating to congressional salaries of an advisory nature. Amends the Legislative Reorganization Act of 1946 to declare the rate of pay for Members of Congress to be that which is payable for such positions on the date of enactment of this Act. Requires any bill or resolution which would adjust the rate of pay of Members to take effect at the beginning of the next Congress and to deal with no other subject matter. Requires a recorded vote on such bill or resolution.
United States · United States Congress · 14 December 1987
Freedom Fighter Assistance Act of 1987 - Title I: Findings and Purpose - Finds that the actions of Communist governments have caused massive suffering and tens of millions of deaths, and that indigenous freedom fighter movements around the world are working to rid their countries of Communist governments. Declares that it is the purpose of this Act to establish as U.S. policy the provision of effective military and economic assistance to such movements. Title II: Aid to Freedom Fighters, and United States Relations with Certain Communist Governments - Authorizes the Secretary of Defense to provide military, humanitarian and other forms of assistance to such movements and to coordinate efforts among other nations to provide such assistance. Authorizes the Secretary of State to promote democratic electoral processes, democratic training programs and institution-building, and individual rights and freedoms in countries in which freedom fighter movements deserving of U.S. assistance exist, and to seek to coordinate such efforts among other nations. Bans assistance to any movement demonstrating a consistent pattern of proven gross violations of human rights, unless the assistance will directly benefit the needy people in the country in question. Permits the President to waive such prohibition if he finds that a significant improvement in the movement's human rights record has occurred. Urges the President to consider suspending diplomatic and trade relations with the governments of countries in which such movements exist. Requires that the Secretary of Defense annually transmit to the Congress: (1) a report on the degree to which freedom fighter movements receiving assistance under this Act respect and observe internationally recognized human rights; and (2) a report on the number of Soviet and Soviet-bloc personnel stationed in other countries, as well as the amount and type of Soviet assistance provided to those countries. Permits the Secretary to submit both a classified and nonclassified version. Authorizes appropriations. Leaves open the possibility of alternative means of assistance. Title III: Revising the Conditions for United States Assistance to Communist Governments - Amends the Foreign Assistance Act of 1961 to permit a waiver of the prohibition against the provision of U.S. assistance to a Communist country if the President finds and reports to the Congress that the government of the recipient country is making substantial progress toward: (1) holding free and fair elections; (2) ceasing maintenance of a centrally planned economy based on principles of Marxism-Leninism; (3) respecting human rights; (4) granting religious freedom; (5) eliminating forced labor; and (6) removing all foreign troops and advisors. Allows each presidential waiver to be applicable for not more than 12 months at a time. Adds the following Communist countries to the list of nations classified as countries under such Act: Guyana; Afghanistan; Laos, Ethiopia; South Yemen; Angola; Benin; Cambodia; Congo; Mozambique; Nicaragua; and Suriname. Amends the Export-Import Bank Act of 1945 to require that the conditions listed above for a waiver of the prohibition on U.S. assistance to Communist countries also apply with respect to Export-Import Bank assistance. Title IV: Definitions - Defines "freedom fighter movement" as an organization or organizations composed primarily of persons indigenous to a Communist country seeking to overthrow the government of that country, or to make a significant alteration in the policies or structure of such government, and which meets specified conditions. Defines "Communist country."
United States · United States Congress · 10 December 1987
Designates January 28, 1988, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 9 December 1987
Expresses the sense of the Congress that railroad retirement benefits are exempt from reduction under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and that supplemental annuities payable under the Railroad Retirement Act of 1974 and sequestered under a specified presidential order should be restored.
United States · United States Congress · 3 December 1987
Strategic Petroleum Reserve Enhancement Act - Authorizes appropriations for Strategic Petroleum Reserve operating expenses for FY 1988 through 1993. Amends the Energy Policy and Conservation Act to terminate authorities relating to the International Energy Program on September 30, 1993.
United States · United States Congress · 18 November 1987
Dwight David Eisenhower Commemorative Coin Act of 1987 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of one dollar silver coins in commemoration of the 100th anniversary of the birth of Dwight David Eisenhower. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of the coins after December 31, 1990. Requires the Secretary to deposit in the Treasury all surcharges received from the sale of the coins, to be used to reduce the national debt.
United States · United States Congress · 10 November 1987
Directs the Secretary of Commerce to adjust census figures as necessary so that illegal aliens shall not be counted for purposes of the apportionment of Representatives in the Congress.
United States · United States Congress · 4 November 1987
Commends the people and Government of Turkey for their determination to return to full democracy. Expresses the hope that the November 29 election will proceed freely and fairly.
United States · United States Congress · 28 October 1987
Goose, Gander, and Sauce Act of 1987 - Declares that the pay of any person employed by the United States is subject to garnishment, execution, levy, attachment, and other legal process in the same manner as persons not employed by the United States.
United States · United States Congress · 20 October 1987
Cocaine and Crack Dealers' Graduated Penalties Act of 1987 - Amends the Controlled Substances Act to establish increased penalties for certain offenses involving the possession of cocaine base.
United States · United States Congress · 20 October 1987
Amends the Tax Reform Act of 1986 to delay for one year, from 1987 until 1988, implementation of the increase from 80 percent to 90 percent in the current year liability test for estimated tax payments by individuals.
United States · United States Congress · 20 October 1987
States that funds made available to carry out the Anti-Drug Abuse Act of 1986 may not be used to provide counsel who assist defendants accused of violations of the Controlled Substances Act or similar State or local laws.
United States · United States Congress · 20 October 1987
Declares congressional support for the President's policy of protecting freedom of navigation in the Persian Gulf and restoring the peace and security of the region through continued diplomatic initiatives, cooperation with U.S. allies in the region, and appropriate military actions. Expresses the sense of the Congress that: (1) U.S. armed forces in the Gulf should continue to have the authorization to respond expeditiously in a defensive manner to military actions which immediately threaten the safety of U.S. personnel, shipping under the U.S. flag, and other U.S. interests; and (2) the President should continue to consult the leadership of the Congress to the maximum extent practicable before authorizing military responses to attacks in the Gulf and should report to the Congress in a timely manner on incidents involving U.S. forces in the Gulf.
United States · United States Congress · 14 October 1987
Requires the Clerk of the House of Representatives and the Secretary of the Senate, jointly and every 30 days, to determine the aggregate amount of expenditures made by the Congress which are attributable to the House Select Committee to Investigate Covert Arms Transactions with Iran and the Senate Select Committee on Secret Military Assistance to Iran. Requires the Clerk and Secretary, in making such determination, to include: (1) all expenditures made by the Select Committees; (2) all expenditures in support of the activities of the Select Committees which have been made by the Architect of the Capitol, the Capitol Police, the Clerk of the House, the Secretary of the Senate, the Congressional Research Service, or any other congressional support entity; (3) the pro rata personnel costs attributable to the time which congressional staff devoted to Select Committee activities; and (4) any other expenditures made by the Congress which are attributable to Select Committee activities. Requires each determination to be made available to the public. Makes this resolution effective until the Clerk and the Secretary report to their respective Houses that no further costs will be incurred which are attributable to the Select Committees.
United States · United States Congress · 13 October 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury (Secretary) to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers receiving annual tax filing forms from the IRS. Requires the IRS, upon taxpayer request, to conduct any interview regarding the determination or collection of any tax at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interviewer to explain to the taxpayer the audit process, including the taxpayer's rights with respect to the process. Requires the Secretary to abate any penalty or interest imposed on any deficiency attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations with respect to Taxpayer Assistance Orders, including provisions to assure full, fair, and impartial due process for affected taxpayers. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury an Office of Inspector General. Transfers to such Office the existing audit and investigation units of the Department. Sets forth criteria with respect to: (1) the authority of the Inspector General to conduct an investigation; and (2) the authority of the Secretary in cases of audits or investigations requiring access to information of a sensitive or confidential nature. Allows the Secretary to prohibit investigations under specified circumstances. Restricts disclosure by the Inspector General of tax returns and return information. Prohibits records of tax enforcement results from being used to evaluate certain IRS personnel or to impose or suggest production quotas. Requires district directors to certify compliance with this mandate on a monthly basis. Requires the Secretary to certify that a rule proposed by the IRS is substantially the only alternative that meets the mandate of the relevant statute in order for the rule to be considered an interpretative rule (and thereby not subject to analyses under the Regulatory Flexibility Act). Amends the Regulatory Flexibility Act to require regulatory flexibility analyses to include consideration of both the direct and indirect beneficial and negative effects of a proposed or final rule. Amends the Internal Revenue Code to direct the Secretary, with limited exceptions, to send a preliminary letter of deficiency to a taxpayer prior to the mailing of a deficiency notice. Specifies required contents for tax due notices and deficiency notices, including the basis of the deficiency and a breakdown of the total amount into tax, interest, and penalty. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations requiring all IRS personnel to explain and support their position in assessing any penalties or additions to tax. Requires the Comptroller General to study IRS procedures with respect to such assessments and to present findings to specified congressional committees no later than December 31, 1988. Authorizes the Secretary to enter into a binding agreement with a taxpayer under which the taxpayer may pay tax liability in installments if the Secretary determines that such an agreement will facilitate collection of the liability. Permits the Secretary, after proper notice and a hearing, to modify or annul the agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Renders such an agreement nonbinding if the taxpayer fails to pay any installment or any other tax liability when due. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Permits the Secretary to demand surrender of bank accounts only after 21 days in escrow have passed since service of the notice of levy on the accounts. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Permits a taxpayer to bring a civil action against the United States in the Tax Court for judicial review of jeopardy levies and assessments. (Under current law an action for judicial review of jeopardy assessments may be filed only in district court.) Increases the time during which a taxpayer may petition for such review. Describes the jurisdictional requirements to be applied to such actions. Allows an administrative appeal of tax liens. Grants to the Tax Court exclusive jurisdiction to enjoin premature assessments if the taxpayer has filed a timely petition for review. Provides for review of such injunctive orders by the U.S. Court of Appeals. Grants to the Tax Court jurisdiction to enforce payment by the Secretary of refunds of overpayment and interest to taxpayers. Places on the Secretary the burden of proof of justifying any failure to refund, credit, or offset relevant amounts with respect to a taxpayer. Entitles a prevailing taxpayer to: (1) an interest rate of 120 percent of the overpayment rate with respect to refunds; and (2) reasonable litigation costs. Grants to the Tax Court jurisdiction to: (1) review jeopardy assessment sales of assets; and (2) redetermine interest under certain circumstances when a taxpayer claims an overpayment of the interest. Vests in the Tax Court original jurisdiction over any civil action against the Secretary for the recovery of any tax, additions to tax, and penalties with respect to income, estate, gift, and certain excise taxes. Authorizes an award of reasonable litigation costs to the prevailing party in proceedings by taxpayers before the Internal Revenue Service. Permits a taxpayer to bring a civil action in district court for actual damages resulting from the failure of any Federal officer or employee to release a tax lien on the taxpayer's property. Permits a civil cause of action in district court for damages resulting from the careless, reckless, or intentional disregard of internal revenue laws by any Federal officer or employee. Denies damage awards in cases of contributory negligence. Authorizes a damage award, to a $10,000 maximum, to the United States in cases of frivolous or groundless claims by a taxpayer. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation or surveillance authorized or conducted by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Establishes in the Internal Revenue Service the Office for Taxpayers Services, under the supervision of an Assistant Commissioner of Internal Revenue. Directs this Assistant Commissioner to: (1) be responsible for telephone, walk-in, and educational services, and for the design and production of tax and information forms; and (2) prepare annually, for presentation to specified congressional committees, a joint report (with the Chief Problem Resolution Officer for the IRS) on the quality of taxpayer services.
![Official portrait of Rep. Oxley, Michael G. [R-OH-4]](https://www.congress.gov/img/member/o000163_200.jpg)