United States · United States Congress · 3 January 1989
Tech-Prep Education Act - Amends the Carl D. Perkins Vocational Education Act to establish a program of grants to consortia of local educational agencies and community colleges to provide tech-prep education programs. Defines "tech-prep education program" as a combined secondary and postsecondary program which: (1) leads to an associate degree or two-year certificate; (2) provides technical preparation in at least one field of engineering technology, applied science, or mechanical, industrial, or practical art or trade; (3) provides competence in mathematics, science, and communications (including through applied academics); and (4) leads to placement in employment. Directs the Secretary of Education to make grants to pay the Federal share of the cost of activities carried out under this Act to consortia of: (1) local educational agencies or area vocational schools serving secondary school students; and (2) community colleges or postsecondary vocational technical schools. Sets forth the Federal share. Requires each grant recipient to use the grant funds to develop and operate a four-year technical preparation education program with specified curricula. Sets forth application and reporting requirements. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
Universal Voter Registration Act of 1989 - Entitles any eligible individual to register for any Federal election by mail, in person, or at the appropriate polling place on the day of an election. Declares that such individual may register in person at: (1) a designated place for such individual's current address; (2) any Federal, State, county, or municipal agency that serves the public directly; or (3) any private agency that voluntarily agrees to register voters. Provides that if a State maintains a system of voter registration, such State shall allow an individual to register to vote for elections held on the date of Federal elections, in the manner provided by an approved State plan. Requires such plan to include: (1) the voter registration form to be used for mail registration; (2) provisions for distribution of such forms; (3) election day voter registration; (4) voter registration in agencies which serve the public directly and at private agencies that voluntarily agree to register voters; (5) provisions for prompt notification of registration acceptance; (6) provisions to inform registrants about voting places and times; (7) registration confirmation to insure accurate, inclusive, and uniform voter registration lists; (8) provisions with respect to registration challenges; and (9) a description of State efforts to actively increase voter registration. Requires each State to submit to the Federal Election Commission for approval a voter registration form which allows registration in person or by mail. Allows the form to be similar or identical to postcard application forms under the Uniformed and Overseas Citizens Absentee Voting Act. Specifies requirements for such form, including that it provide for postage paid return delivery to the appropriate State or local official. Requires agencies subject to this Act to provide for year-round registration services. Requires State and local election officials to provide for the availability of sufficient quantities of registration forms. Requires the chief election official of any State to establish a program to confirm voter registration. Sets forth requirements for such program, including: (1) notification systems concerning deaths and changes of address; (2) non-removal from a voter registration list unless a voter has died, changed residence to another jurisdiction, been convicted of a criminal offense or institutionalized for mental incapacity, or requested removal; and (3) voter registration lists comprising eligible voters, voters whose registration cannot be confirmed and whose eligibility may be challenged on election day, and individuals who have been removed from such list not more than four years before the date of the election. Sets forth provisions for challenging election votes, including the use of an affidavit ballot for the challenged voter. Declares that voter registration requirements shall not apply to any State which: (1) provides for voter registration procedures which meet or exceed the standards for State plans; (2) does not require voter registration; or (3) adopts the Federal postcard application form. Requires individuals who register to vote on an election day to establish their identity, place of residence, and qualifications at the time of such registration. Requires each polling place to provide a means of processing such registrants separately from other voters. Authorizes the Federal Election Commission to administer this Act and to provide advice and technical assistance to States. Requires the Commission to report to the Congress every two years on: (1) the effectiveness of efforts to establish and maintain voter registration procedures; (2) the administration of voter registration programs; and (3) recommendations on national voter registration standards. Declares any order of the Commission under this Act to be reviewable by the appropriate U.S. court of appeals. Provides that the appellee shall not be liable for costs. Directs the Commission to make grants to the chief election official of any State which has an approved plan for establishing voter registration programs. Requires such grants to be made to enable and encourage States to computerize voter registration lists and to undertake alternative methods of voter registration. Authorizes the Commission to establish an advisory council of State and local election officials to advise States about voter registration systems. Requires the Commission to develop a formula for the allocation of funds to States and to allocate or reallocate such funds. Requires a State to submit a plan for voter registration to the Commission within two years of enactment of this Act. Requires the Commission to publish proposed regulations for an implementation plan, or portion thereof, for any State which fails to submit a plan or for any State plan determined not to meet the requirements under this Act. Establishes Federal enforcement procedures and penalties for violations of this Act.
United States · United States Congress · 3 January 1989
Hunger Emergency Assistance and Relief Trust Act of 1989 - Amends the Internal Revenue Code to allow individuals to designate on their income tax returns a contribution of all or part of their tax refunds to the Hunger Emergency Assistance and Relief Trust. Establishes in the Treasury the Hunger Emergency Assistance and Relief Trust (trust fund) to distribute hunger relief funds to qualified nonprofit hunger relief services organizations. Appropriates to the trust fund amounts equal to those designated on tax returns. Describes standards and procedures for the distribution of trust fund monies. Specifies a number of restrictions with respect to the activities of recipient organizations, including limitations on administrative expenses. Requires the Hunger Commission to submit to specified congressional committees an annual report detailing trust fund expenditures. Establishes a Hunger Commission to administer the distribution of funds to qualified hunger relief services organizations on a matching grant basis. Permits a maximum award of $100,000 to any single qualified organization in any fiscal year. Requires that: (1) at least 50 percent of amounts received into the trust fund in any year be paid to qualified organizations; and (2) monies in the trust fund be distributed within 180 days of their receipt there. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Independent Defense Department Inspector General Act - Establishes the Office of the Defense Inspector General (Office) as an independent establishment within the executive branch. Provides that such office shall be headed by an Inspector General appointed by the President by and with the advice and consent of the Senate. Specifies that the Inspector General shall not report to, or be subject to supervision by, the Secretary of Defense. Provides that the Inspector General shall appoint an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigations. Specifies the various duties and responsibilities of the Inspector General, including: (1) providing policy direction for, and conducting and supervising audits and investigations relating to, the programs and operations of the Department of Defense; and (2) being the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department of Defense. Requires the Inspector General, in carrying out the duties and responsibilities established under this Act, to: (1) give regard to the activities of the Comptroller General with a view toward avoiding duplication and insuring coordination and cooperation; (2) report to the Attorney General whenever reasonable grounds exist to believe there has been a violation of criminal law; and (3) carry out such duties and responsibilities in a manner that avoids compromising or endangering the national security. Requires the Inspector General to prepare semiannual reports concerning the activities of the Office and to furnish such reports to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives. Sets forth administrative provisions concerning: (1) the authorities of the Inspector General to have access to records and documents of the Department of Defense; (2) the obtaining of information and assistance from other Federal agencies; and (3) office space and equipment. Requires the Inspector General to report to the President, the Secretary of Defense, and the Armed Services Committees whenever any requested information or assistance is unreasonably refused. Authorizes the Inspector General to receive and investigate complaints or information from employees of the Department of Defense concerning violations of law, waste, mismanagement, or dangers to public health or safety. Prohibits the Inspector General from disclosing the identity of such an employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of an investigation. Prohibits taking or threatening to take any action against any such employee as a reprisal for making a complaint or disclosing information to the Inspector General. Prohibits any person from serving as Inspector General if he or she has served as an officer of the armed forces or has been employed by a defense contractor during the five-year period prior to nomination. Prohibits any person who has served as Inspector General from accepting compensation from a defense contractor for a period of five years after leaving office. Sets forth similar rules for employees of the Office for periods of three years before and after employment with the Office. Terminates the Office of the Inspector General of the Department of Defense. Transfers all personnel, records, property and assets of such office to the Office established by this Act.
United States · United States Congress · 3 January 1989
Social Security Reorganization Act of 1989 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) an Office of Hearings and Appeals, to be headed by a Chief Administrative Law Judge; (3) a Deputy Commissioner of Social Security; (4) a General Counsel; (5) a Chief Actuary; (6) an Office of Policy and Legislation, to be headed by a Director of Policy and Legislation; (7) an Inspector General; and (8) an Office of the Ombudsman, to be headed by a Social Security Ombudsman who shall represent the concerns of the public regarding the OASDI and SSI programs to the Commissioner, the Board, and the President, and conduct studies and surveys of the administrative effectiveness and program policy goals of the agency. Establishes a Citizens' Advisory Committee within the Office of the Ombudsman to prepare and transmit to the Congress a biennial report assessing the administration and objectives of the OASDI and SSI programs. Authorizes the Committee to request, and assist in the preparation of, ombudsman studies and surveys of the agency's administration of the OASDI and SSI programs. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Transfers to the Administration functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth a beneficiary bill of rights under which: (1) all individuals are required to be treated fairly by the Board, the Commissioner, and the Secretary; (2) the Board, the Commissioner, and the Secretary are prohibited from discriminating on the basis of age, sex, race, creed, color, handicap, national origin, or economic condition; (3) the Commissioner and the Secretary should maintain prompt, professional, and effective service which is accessible and responsive to the community; (4) benefit payments are to be timely and proper; (5) a personal conference with an official or employee of the agency or Department of Health and Human Services is to be accorded to a beneficiary adversely affected by a determination of the Commissioner or the Secretary; and (6) a beneficiary is to receive, with respect to appealable administrative matters, a full, fair, and impartial evidentiary hearing before an administrative law judge. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each trust fund. Title III: Management of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund and the Federal Hospital Insurance Trust Fund - Amends the OASDI and Medicare (title XVIII of the Act) programs to direct the Managing Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, and Federal Hospital Insurance Trust Fund (trust funds) to immediately invest that portion of the trust funds which is not required for current withdrawals. Requires the investment of amounts in the OASDI trust funds to be made in accordance with policies established by the Social Security Board. Prohibits the sale and redemption of trust fund assets or the expenditure of trust fund amounts for purposes other than those specified in titles II and XVIII of the Act.
United States · United States Congress · 3 January 1989
Family Education Assistance Act of 1989 - Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account.
United States · United States Congress · 3 January 1989
Establishes the Joint Committee on Intelligence. Declares that such committee has exclusive legislative jurisdiction with respect to any intelligence activity of the Federal Government and authorizations for appropriations for specified agencies and intelligence-related activities. Directs the joint committee to review and study on a continuing basis any intelligence or counterintelligence activity conducted by any Federal agency or department. Directs the joint committee to classify its information and records according to standards used generally by the executive branch. Directs the joint committee to establish and carry out rules and procedures necessary to prevent the unauthorized disclosure of information. Prohibits any Member of Congress from disclosing information received from the joint committee without proper authorization, except in a closed session of the House of Representatives or the Senate.
United States · United States Congress · 3 January 1989
Amends rule XXI of the Rules of the House of Representatives to prohibit consideration of bills or resolutions making appropriations under the jurisdiction of more than one subcommittee of the Appropriations Committee for periods after November 30 of a fiscal year, unless three-fifths of the House votes to waive or suspend this provision.
United States · United States Congress · 3 January 1989
Urges the President to negotiate with member countries of the North Atlantic Treaty Organization and Japan for the purpose of reducing the global defense burden of the United States relative to its allies.
United States · United States Congress · 3 January 1989
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition.
United States · United States Congress · 3 January 1989
Salvadoran Foreign Assistance Reform Resolution - Expresses the sense of the Congress that: (1) the U.S. foreign assistance program for El Salvador should be revised to promote a negotiated settlement and a reduction of human suffering; (2) the ratio of assistance should be reversed in FY 1990 so that the amount spent on the war effort is only one-third of the amount spent for reform and development activities; (3) such assistance should not be distributed in a manner which would promote the interests of any particular political party; (4) such assistance should be distributed through church-related and other nongovernmental organizations and international organizations selected by the Agency for International Development; and (5) the President should report quarterly to the Congress on the restructuring of such assistance, the economic results of such restructuring, and any reports of corruption in its distribution.
United States · United States Congress · 13 October 1988
Amends the Indian Gaming Regulatory Act to classify as Class II gaming electronic or electromechanical facsimiles of games of chance operated by Indian tribes in Minnesota on or before enactment of this Act.
United States · United States Congress · 6 October 1988
Truth in Legislating Resolution - Amends rule X of the Rules of the House of Representatives to require each report or joint explanatory statement accompanying each bill or joint resolution to contain: (1) an identification of each provision which benefits only ten or fewer beneficiaries; (2) the name of each beneficiary; (3) the name of the Member who sponsored such provision and an identification of each such provision requested by a Federal agency or Federal officer; and (4) an estimate by the Congressional Budget Office or the Joint Committee on Taxation of the costs or loss in revenues resulting from such provision.
United States · United States Congress · 5 October 1988
Expresses the sense of the House of Representatives that: (1) the President should oppose any restrictions on European Community imports of nongrain feed ingredients, including corn gluten feed, and should support the current duty-free binding on such products; (2) the President should oppose any European Community proposals which would violate the intent of the existing duty-free binding in the General Agreements on Tariffs and Trade for corn gluten feed and corn byproducts; and (3) if unilateral action is taken by the European Community to inhibit the importation of corn gluten, the United States should restrict imports from the Community of at least the aggregate value of the reduced U.S. export products.
United States · United States Congress · 28 September 1988
Amends the Small Business Act to apply the same interest rate ceilings in connection with disaster loans to both small business concerns and small agricultural cooperatives unable to obtain credit elsewhere (thus lowering the current interest rate on disaster loans to such cooperatives).
United States · United States Congress · 28 September 1988
Commends the initiative of the Ministers of Health of Central America and the Pan American Health Organization known as "Health: A Bridge for Peace." Encourages the President to fully support this initiative and the Pan American Health Organization.
United States · United States Congress · 26 September 1988
Expresses the sense of the House of Representatives that: (1) the provisions of the Omnibus Drug Initiative Act of 1988 amending the formula for allocating funds to State and local governments for drug control activities should not be enacted; and (2) the current allocation formula under the Omnibus Crime Control and Safe Streets Act of 1968 should be maintained.
United States · United States Congress · 22 September 1988
Defense Consultant Registration and Reform Act of 1988 - Prohibits defense agencies from awarding a contract for advisory and assistance services to any consultant unless: (1) such consultant complies with the registration requirements of this Act; and (2) the contracting officer has reviewed the registration information and determined that such consultant does not have a conflict of interest that could be prejudicial to the United States. Prohibits defense agencies from awarding a contract to any person submitting a bid to such agencies unless such person certifies that each consultant that has assisted in the preparation of such bid has complied with the registration requirements of this Act. Requires each consultant who has submitted a bid or who has been retained in connection with the preparation of a bid for a Department of Defense (DOD) contract to register with the DOD Office of Standards of Conduct. Requires such consultants to update the registered information upon submitting a bid or being retained for the preparation of a bid for another DOD contract. Sets forth the information to be included in the registration. Directs the DOD Inspector General to monitor the compliance of consultants with the registration requirements of this Act and to report annually to the House and Senate Committees on Armed Services on the extent of such compliance. Provides that any consultant who intentionally fails to comply with such registration requirements shall be subject to suspension and debarment proceedings. Provides that this Act shall not apply to contracts which, as determined by the Secretary of Defense, involve: (1) sensitive foreign intelligence or counterintelligence activities; (2) sensitive law enforcement investigations; or (3) special access programs.
United States · United States Congress · 16 September 1988
Federal Crop Insurance Commission Act of 1988 - States that the purpose of this Act is to: (1) ensure the review of the Federal crop insurance program; and (2) recommend changes necessary to lessen or eliminate the need for additional disaster payment programs in order to reduce Federal costs and provide farmers with equitable and predictable natural disaster protection. Establishes the Commission for the Improvement of the Federal Crop Insurance Program. Sets forth membership and operating provisions. Directs the Commission to: (1) determine why crop insurance program participation is lower than anticipated; (2) identify States and commodities with low participation; and (3) recommend program improvements. Sets forth particular areas to be examined, including: (1) program insurance coverage; (2) use of crop field information; (3)related government subsidies; (4) sales commission rates; (5) claims adjustment services; (6) information collection; (7) compliance efforts; and (8) premium pools. Requires the Commission to submit: (1) an interim report to the appropriate congressional committees by April 1, 1989; (2) a final report to such committees by July 1, 1989; and (3) monthly reports to such committees from the period beginning July 1, 1989, through December 31, 1990. Terminates the Commission as of December 31, 1990, except that the Secretary of Agriculture may extend the Commission's life beyond such date. Directs the Federal Crop Insurance Corporation to make specified FY 1989 funds available to the Commission.
United States · United States Congress · 15 September 1988
Egg Research and Consumer Information Act Amendments of 1988 - Amends the Egg Research and Consumer Information Act Amendments of 1988 to authorize the Secretary of Agriculture to limit fiscal year assessment collection and administrative cost incurred by the Egg Board. Eliminates egg producer assessment refunds subject to a two-year delay of any refund referendum.
United States · United States Congress · 14 September 1988
Veterans' Judicial Review Act - Directs the Attorney General, when requested by the Administrator of Veterans Affairs, to provide the Administrator with advice or opinions with regard to any question of law arising under the Constitution or under any law other than a law providing benefits for veterans and their survivors and dependents. Directs the Administrator to ensure that VA rulemaking and judicial review comply with relevant provisions of the Administrative Procedure Act. Provides for judicial review of VA decisions. Revises provisions relating to the payment by the Administrator of fees to attorneys handling veterans' benefits claims. Revises provisions relating to the establishment and jurisdiction of the Board of Veterans' Appeals. Renames such body the Court of Veterans Appeals. Provides the Court with exclusive jurisdiction to consider all questions involving benefits under laws administered by the VA. Outlines procedural provisions for the Court with respect to: (1) the fee for filing a petition; (2) representation of parties and fee agreements; (3) rules of practice, procedure, and evidence; (4) the administration of oaths and procurement of testimony; (5) the filing of notice of disagreement and appeal; (6) witness fees; (7) hearings; (8) decisions; (9) availability of proceedings; and (10) the publication of reports. Outlines further administrative provisions with respect to: (1) employees and expenditures of the Court; and (2) certain fees associated with proceedings brought before the Court. Outlines provisions for the determination of the date when a decision of the Court becomes final, with a different date determined if the decision of the Court: (1) is not appealed; (2) is appealed to a Federal court, but is affirmed or dismissed by such court; or (3) is modified or reversed by the Supreme Court, or a rehearing is ordered. Provides procedural guidelines for review of a decision of the Court by the United States Court of Appeals for the Federal Circuit involved, providing that such Federal court shall have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under these provisions and to interpret constitutional and statutory provisions. Provides that the judgment of such court shall be final, except that it may be subject to review by the Supreme Court upon certiorari. Prohibits the Court of Appeals from reviewing the facts of the appeal or the application of any law or regulation to those facts unless there is presented a constitutional issue. Provides general adjudicative authority of the VA with respect to claims made by veterans for benefits, including the following authority: (1) the right to reopen claims; (2) the right to obtain independent medical opinions; and (3) burden-of-proof standards. Authorizes the transfer of personnel and assets of the current Board of Veterans' Appeals to the Court of Veterans Appeals. Transfers any unexpended funds and any matters currently before the Board which have not been determined before the effective date of this Act. Provides for the appointment of the Chief Judge to the Court. Outlines provisions for the appointment of the remaining judges to such Court. Provides that persons who file a notice of disagreement with the VA with respect to a claims-benefit matter after the date of enactment of this Act are entitled to have the matter resolved subject to the provisions of the amendments made by this Act.
United States · United States Congress · 9 September 1988
Expresses the sense of the Congress that the Secretary of Labor, in cooperation with the ACTION Agency, should publicize and promote projects under the Retired Senior Volunteer Program and the Older American Community Service Employment Program that encourage and recruit older individuals to provide child care services in community-based child care centers.
United States · United States Congress · 8 September 1988
Commodity Exchange Option Reform Amendments of 1988 - Amends the Commodity Exchange Act to state that the Commodity Futures Trading Commission shall have exclusive jurisdiction to designate a board of trade for any put, call, or option. Repeals the provision regarding Commission submission of certain contract market designation applications for Securities and Exchange Commission review.
United States · United States Congress · 10 August 1988
Degradable Plastics Act of 1988 - Directs the Administrator of the Environmental Protection Agency to issue rules, within two years of this Act's enactment, requiring that plastic articles which are produced, distributed, or sold in a State be made of naturally degradable material which will begin reduction to environmentally benign subunits within a specified period of time after being discarded that is not to exceed 180 days and complete such reduction within a specified period of time that is not to exceed two years. Provides that this Act does not preclude States or localities from adopting more stringent rules. Imposes civil and criminal penalties against persons who violate such rules. Requires producers of plastic articles to make records regarding the development and production of such articles available to the Administrator for inspection and copying. Makes the rules issued pursuant to this Act inapplicable to any plastic article produced before the end of the five-year period beginning after the issuance of such rules.
United States · United States Congress · 10 August 1988
Expresses the sense of the Congress that: (1) South Korea, Japan, and the European Economic Community should reduce their trade surpluses with the United States; (2) the President should enter into bilateral trade negotiations with such countries to reduce such surpluses; (3) the President should set a specified minimum target for increases in U.S. agricultural exports when negotiating such reductions; and (4) in reaching the minimum target for such exports, the United States should increase by a specified amount beef and wheat exports to such countries.
United States · United States Congress · 26 July 1988
Amends rule XXIV and rule I of the Rules of the House of Representatives to require the rendering of the Pledge of Allegiance in the House at the start of each legislative day.
United States · United States Congress · 14 July 1988
Egg Producers' Financial Protection Act of 1988 - Amends the Packers and Stockyards Act, 1921 to establish a statutory trust for the benefit of unpaid egg producers or egg handlers from the inventories of, and proceeds from, such eggs or egg products held by egg purchasers with an average annual value of eggs (by purchase or production arrangement) greater than $50,000. States that a dishonored payment instrument shall not be considered as payment. Provides that an unpaid producer or handler shall lose such trust benefit if he or she fails to give written notice of nonpayment or dishonored payment to the purchaser within specified time periods and by filing such notice with the Secretary of Agriculture. Includes egg purchase and production activities under the enforcement provisions of such Act. Includes egg purchasers under the recordkeeping provisions of such Act. States that the Secretary may only exercise jurisdiction over egg producers in prompt payment or unreasonable or discriminatory practices proceedings in order to avoid impairment of the Secretary's jurisdiction. Authorizes the Secretary to seek injunctive relief in egg payment disputes. Provides administrative enforcement authority for egg trust and prompt payment provisions under such Act. Requires a purchaser to pay a producer or handler in full within 14 days of the transfer of possession of such eggs. States that a payment delay or attempted delay shall be considered an "unfair practice" violation under such Act. States that the amendments made by this Act shall not be construed to: (1) affect the Secretary's authority with respect to live poultry or poultry products; or (2) affect the Federal Trade Commission's authority to prevent unfair competition or practices in commerce.
United States · United States Congress · 14 July 1988
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians to receiving credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 12 July 1988
Drought Assistance Act of 1988 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to add a new title VI which may be cited as the "Emergency Livestock Feed Assistance Act of 1988." Directs the Secretary of Agriculture to provide emergency feed assistance in any State, county, or area of a State where disease or other natural disaster has created a livestock emergency. States that the Governor of a State or a county committee may request the Secretary to make a livestock emergency determination and to provide assistance. Authorizes the Secretary to make such determination on his own initiative. Requires the Secretary to make such determination within 30 days of request and to notify the requesting party of any proposed action. States that producers in counties eligible for the emergency feed or emergency feed assistance programs in 1988 shall maintain such eligibility and be eligible for assistance under this title. Directs the Secretary to determine such counties' eligibility for assistance under this title. States that an eligible producer may receive assistance as follows: (1) assistance to offset inadequate feed stocks resulting from on-farm losses; and (2) assistance to maintain foundation herds if the producer does not have, and is unable to obtain through normal channels without undue cost, necessary feed stocks. Sets forth the following assistance programs available under this title: (1) Commodity Credit Corporation (CCC) feed donations and reduced price sales; (2) partial reimbursement of feed purchase expenses; and (3) partial reimbursement of transportation and handling costs for such CCC feed, for hay, and for transporting livestock to and from available grazing areas (not to exceed $24 a head). Permits the Secretary to: (1) make in-kind payments; and (2) provide assistance through feed dealers or manufacturers. Authorizes the Secretary to provide the following additional assistance if necessary: (1) CCC feed donations for stranded and unidentified livestock, including transportation costs; (2) water assistance; and (3) CCC catalog commodities in lots appropriate to family farmers. Limits total assistance under this title for each livestock disaster to any one person to $50,000. Subjects each person (including individual members of a cooperative producer association) to the overall payment limitation ($100,000) under this Act. Prohibits a person from receiving assistance under this title for lost feed production due to the 1988 drought to the extent that such person receives production disaster payments under this Act. Subjects persons who misuse such assistance to a civil penalty equal to the market value of the involved fee, and a fine of up to $1000 or imprisonment for up to one year, or both. Amends the Agricultural Act of 1949 to repeal the Secretary's authority to reduce 1989 milk price supports (50-cents per hundredweight). Title II: Disaster Payment - Provides that, for producers of the 1988 crops of wheat, feed grains, upland cotton, extra long staple cotton, or rice who participated in the production adjustment program under the Agricultural Act of 1949, the Secretary shall make disaster payments to those producers who have suffered at least 35 percent production losses due to the 1988 drought or related condition. States that such payments shall be made at a rate equal to 65 percent of the established price for deficiencies below 65 percent. Exempts such producers from advance deficiency repayments for up to 35 percent of crop losses. Permits eligible producers who had elected not to receive such payments prior to enactment of this Act to change their decision. Provides similar disaster payments to producers who did not participate in such production adjustment program. Bases payments on the basic county loan rate (or comparable price). Provides similar disaster payments to producers of the 1988 crops of peanuts, tobacco, sugar beets, and sugarcane. Bases payments for peanuts and tobacco on the basic county loan rate (or comparable price), and for sugar beets and sugarcane on 1988 price support levels. Provides for prevented planting credit. Sets forth special payment provisions for peanuts, including deficiency payments based on quota and additional peanuts. Provides similar disaster payments to producers of the 1988 soybean and nonprogram crops. Bases payments on a specified percentage of the average market price received in three of the last five years (excluding high and low years). Provides for prevented planting credit. Reduces payments to producers with Federal crop insurance under a specified crop-type determination. Authorizes the Secretary to transfer CCC funds during FY 1988 to the Agricultural Stabilization and Conservation Service to carry out the provisions of this title. Directs the Secretary, within 15 days after enactment of this Act, to announce the terms by which producers may prove their yield on crops harvested for silage or other forage uses. Directs the Secretary to make disaster payments under this title in the form of cash, commodities, or commodity certificates. Limits individuals to $100,000 in disaster payments. Limits a person to $100,000 of combined assistance for crop disaster assistance and livestock disaster assistance. Permits a person to elect which form of assistance to receive. Prohibits a person from receiving disaster payments attributable to 1988 drought-caused crop losses to the extent that such person receives livestock emergency benefits for such lost production under the Agricultural Act of 1949. Title III: General Provisions - Subtitle A: Commodity Stock Adjustment - Amends the Agricultural Act of 1949 to authorize the Secretary, if an acreage limitation program is in effect for 1989 and 1990, to permit producers to plant soybeans or sunflowers on between ten percent and 35 percent of permitted crop acreage. Expresses the sense of the Congress that the Secretary should provide export assistance for cottonseeds and sunflower seeds if such crop prices are adversely affected by soybean and sunflower plantings under this title. Directs the Secretary to permit producers to designate any portion of their 1989 or 1990 farm acreage base for oats if the feed grain acreage base for such years is less than 12.5 percent. Expresses the sense of the Congress that, with respect to the 1989 and 1990 feed grain crops, if such crops' acreage limitation percentage exceeds 12.5 percent the Secretary should establish the lowest possible oats acreage limitation if market imbalances for barley and oats exist. Provides that, effective for the 1988 marketing year for wheat and feed grains, producers may repay specified commodity loans without additional interest or other specified charges if the producer reserve program trigger level has been met. Provides that, if during the 1988 marketing year the Secretary permits producers to place wheat and feed grains into the producer reserve, no storage payments nor interest forgiveness shall be permitted on such stored commodities during the marketing year. Subtitle B: Disaster Credit and Forbearance - Directs the Secretary to ensure, to the maximum extent practicable, that Farmers Home Administration direct operating loans for 1989 crop production are made available to producers suffering major losses resulting from the 1988 drought or related condition. Directs the Secretary to make available in FY 1989 specified operating loan guarantees, in addition to existing purposes for such guarantees, to refinance and reamortize 1988 operating debt resulting from major farming or ranching losses resulting from the drought or related condition. Expresses the sense of the Congress that the Secretary should exercise forbearance in debt collection and encourage similar actions by commercial lenders and expedited loan restructuring with respect to producers suffering major drought losses. Subtitle C: Conservation and Water Assistance - Provides that with respect to a producer who harvested hay during the 1988 crop year on conservation reserve program acreage, such producer's rental payments shall not be reduced to the extent that he or she shares the cost of carrying out practices designed to enhance soil, water, and wildlife conservation on such land (or in the vicinity of such land) in accordance with a Soil Conservation Service approved plan. Authorizes the Secretary to: (1) undertake water-problem related projects, including research, grants, technical assistance, loans, and extension services; (2) cooperate with other Federal agencies, State or local units, or public or private entities; and (3) accept funds from non-Federal sources to carry out such activities. Authorizes appropriations. Subtitle D: Rural Businesses - Directs the Secretary to make rural industrialization loans or loan guarantees during FY 1989 to assist rural businesses (including cooperatives) adversely affected by the 1988 drought or related condition. Requires any such loan to meet applicable Consolidated Farm and Rural Development Act eligibility requirements. Directs the Secretary, within 90 days of enactment of this Act, to conduct a survey of agriculture-related rural businesses to determine the adverse effects of the 1988 drought and report to the appropriate congressional committees.
United States · United States Congress · 12 July 1988
Prohibits the Federal Communications Commission from adopting revisions of the rules and policies in the proceeding "Policy and Rules Concerning Rates for Dominant Carrier," CC Docket 87-313, unless the changes expressly provide for: (1) the proper functioning of the long-term support mechanisms for the carrier common line rates administered by the National Exchange Carrier Association; (2) the maintenance of uniform nationwide long distance rates by dominant interexchange carriers; and (3) the use of an industry-wide rate of return to determine costs for access tariffs and to calculate the Universal Service Fund. Requires the FCC to report to the Congress the compliance of revisions with these conditions. Postpones effectiveness of any rule or policy revisions until 60 days have elapsed during which both Houses of the Congress are in session.
United States · United States Congress · 12 July 1988
States that the United States should pursue the establishment of an International Criminal Court to assist in more effectively dealing with those acts of terrorism, genocide, and torture that are criminal acts under international conventions. Calls for due process, a fair trial, and impartial judges in such a court. Urges the President to explore convening an international conference to pursue negotiation of a multilateral convention establishing such a court and calls for a report on progress made by the end of 1989.
United States · United States Congress · 7 July 1988
International Health Corps Act - Amends title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to establish the International Health Corps (Health Corps), to consist of the International Health Development Corps (Development Corps) and the International Health Emergency Corps (Emergency Corps). Authorizes the Secretary of Health and Human Services, on request of a foreign government, to assign members of: (1) the Development Corps to serve in the country to assist the country in meeting the long-term basic health care needs of its people; and (2) the Emergency Corps to provide short-term assistance in the country with regard to an ongoing medical emergency. Directs the Secretary to disseminate information on the Health Corps and request health care professionals to provide services to the Corps without compensation. Requires a health care professional to be considered, while providing uncompensated services to the Health Corps, an employee of the Public Health Service for purposes of provisions relating to defense of certain malpractice and negligence suits. Directs the Secretary to establish programs in which health professionals and health professions students agree to: (1) serve as members of the Development Corps for at least two years in return for payment by the Federal Government of not more than $20,000 of their educational loans for each year of service; or (2) provide uncompensated services to the Development Corps for at least six months in return for payment by the Federal Government of not more than $5,000 of their educational loans for each six months of service, subject to an aggregate limit. Makes provisions of the Public Health Service Act relating to the National Health Service Corps Loan Repayment Program, except as inconsistent, apply to these programs. Provides for non-duplication and coordination between these programs and the programs of other Federal agencies, other developed countries, and nonprofit private entities. Directs the establishment of a committee to advise the Secretary on policies concerning the activities of the Health Corps. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 7 July 1988
Child Care and Nutrition Enhancement Act of 1988 - Title I: Child Care Grant Program - Authorizes the Secretary of Health and Human Services (the Secretary) to make formula grants to States for authorized child care related activities under an approved State plan. Authorizes the Secretary to make competitive grants to eligible child care providers for such authorized activities under an approved application. Authorizes appropriations for FY 1989 through 1991 to carry out this Act (with a separate amount authorized for competitive grants). Directs the Secretary to reserve a portion of such funds for payments to specified U.S. territories and possessions. Directs the Secretary to allot the remainder to each State according to a formula based on the number of single parents and dual-earner family members with children under age 13. Sets forth requirements for use of most recent data and for reallotment. Defines eligible providers as: (1) local governments; (2) local educational agencies; (3) nonprofit organizations, including certain tax-exempt organizations; (4) professional or employee organizations; (5) consortia of small businesses; (6) institutions of higher education; (7) hospitals or health facilities; (8) family child care providers who would qualify for assistance under the Child Care Food Program under the National School Lunch Act; or (9) entities which the State determines are able and appropriate to carry out a project assisted under this title. Authorizes use of grants under this title for: (1) provision of child care services to low- and moderate-income parents (including use of appropriate fee schedules); (2) resource and referral centers (including information, training, and recruitment activities); (3) programs to increase child care slots for infants, handicapped children, and minority children; (4) neighborhood child care centers, after-school child care programs, and startup costs of onsite child care at small businesses; (5) recruitment and training of senior citizens to serve as child care workers; (6) assistance to eligible providers and family-based child care providers to meet State licensing standards; and (7) coordination of programs assisted under this Act with State or federally-assisted child care programs, including Head Start, education of disadvantaged children in elementary schools, preschool programs, and handicapped children programs, in order to extend the program hours of child care services. Sets forth requirements for State plans to be carried out by designated State agencies. Sets forth requirements for applications, by eligible providers for grants from States under this title. Requires States to give priority to programs that significantly expand or improve provision of child care services to children of low- and moderate-income parents. Directs the Secretary to make competitive grants from specified funds to eligible providers for: (1) the establishment and operation of after-school child care programs; and (2) the coordination of programs assisted under this title with child care programs assisted by the State and with federally-assisted child care programs (including Head Start, Federal assistance for education of disadvantaged elementary school children, preschool children, preschool programs, and programs for handicapped children), designed to improve the operation of such a program with respect to hours of operation for child care services. Requires the Secretary to give priority to projects of national significance and projects which when replicated will further the objectives of this Act. Requires the designated State agencies to evaluate assisted projects biennially, make such evaluations public, and report to the Secretary on them. Requires the Secretary to summarize the evaluations in the annual report of the Department of Health and Human Services to the Congress. Sets forth provisions for payments to, and expenditures by, States and eligible providers under this title. Title II: Child Care Food Program - Amends the National School Lunch Act to allow reimbursements under the Child Care Food Program for up to two meals and two supplements or one supplement and three meals per day per child. Amends the Child Nutrition Act of 1966 to increase by three cents the reimbursement for each breakfast served under the School Breakfast Program and the Child Care Food Program. Title III: Child Care Homes Tax Credit - Amends the Internal Revenue Code to establish a child care homes tax credit. Grants home providers of such care a credit for expenditures to acquire, construct, rehabilitate, or expand a qualified child care home to meet State or local requirements. Sets such credit at 20 percent of up to $5,000 of such expenditures per year. Applies the credit to taxable years beginning after December 31, 1988, on expenditures made before December 31, 1993. Title IV: Employer On-Site Child Care Facility Credit - Amends the Internal Revenue Code to allow a tax credit for employer expenditures for certain on-site child care facilities. Sets such credit at 25 percent of up to $400,000 of expenditures per year. Provides the same credit to groups of businesses which cooperate to establish an off-site child care facility. Applies the credit to taxable years beginning after December 31, 1988, on expenditures made before December 31, 1993. Title V: Dependent Care Services Tax Credit - Amends the Internal Revenue Code to provide for a phase-out of the dependent care services tax credit for higher income households (i.e. one-child households earning between $35,000 and $45,000, and two-or-more-children households earning between $45,000 and $55,000.) Makes the dependent care services tax credit refundable. Title VI: Child Care Study - Directs the Secretary, within 90 days after the enactment of this Act, to prepare and submit to specified congressional committees a report that: (1) describes the demographic and societal trends that are increasing the need for child care; (2) describes the reasons for the greatly increased need for child care; and (3) develops recommendations for joint efforts by Federal, State, and local governments targeted towards enabling parents to care for children in their own homes.
United States · United States Congress · 7 July 1988
Student Default Initiative Act of 1988 - Amends the Higher Education Act of 1965 (HEA) to lower the maximum amount of a Pell Grant for academic years 1990-1991 and 1991-1992. Eliminates provisions authorizing adjustments in Pell Grant payments when appropriations are insufficient. Authorizes the Secretary of Education (the Secretary), when appropriations are insufficient, to draw funds from subsequent year appropriations for Pell Grants, up to ten percent of such preceding fiscal year's appropriations. Revises provisions relating to the period of eligibility for Pell Grants to limit such period to the full-time equivalent of: (1) the number of academic years that the undergraduate degree normally requires, plus one academic year; or (2) six academic years in the case of a degree or certificate program normally requiring more than four academic years. Requires that insurance program agreements to qualify loans for Guaranteed Student Loan (GSL) interest subsidies provide that the lender must promptly notify the borrower (and that the guaranty agency must notify, upon request of such institution, the last institution the student was attending prior to the beginning of repayment) of: (1) any sale or other transfer of the loan to another holder; and (2) such holder's address and phone number. Makes such notification requirements applicable if: (1) the borrower is in the grace period or in repayment status; and (2) the sale or transfer results in the student's being required to make payments, or to direct other matters related to the loan, to a person other than the person to whom such payments where made or such matters were directed before the sale or transfer. Requires such GSL interest subsidy insurance program agreements to require the guaranty agency to provide preclaims assistance for default prevention. Requires guaranty agencies, in order to inform eligible institutions of the loan status of their former students, to notify such institutions and furnish information on any such students who are in default of the repayment of any loan under the GSL program or who have entered repayment on such a loan after such a default. Revises loan consolidation eligibility standards to include delinquent or defaulted borrowers who will reenter repayment through loan consolidation (if they also meet other conditions for consolidation). Sets forth additional requirements with respect to disbursement of student loans. Requires multiple disbursement of student loans under the GSL program. Requires that any such loan for $1,000 or more for an enrollment period ending more than 180 days or six months after the disbursement date, be disbursed in two or more installments, none of which exceeds one-half of the loan. Requires a minimum interval between the first and second installments. Requires such interval to be at least one-half of the enrollment period, except as necessary to permit disbursement of the second installment at the beginning of the second semester, quarter, or similar division of such enrollment period. Sets forth requirements for the initial disbursement. Requires that the first installment of the proceeds of any GSL program loan to a new student borrower entering the first undergraduate year: (1) be disbursed by check or other negotiable instrument that is payable to and requires the endorsement or other certification by such student (in the manner required under specified GSL provisions for the insurance program agreements to qualify loans for interest subsidies); (2) not be negotiated by the institution until 15 days after the beginning of the enrollment period; and (3) not be negotiated at the end of the enrollment period unless the student continues to be enrolled in good standing at the institution and has received specified loan counseling at an entrance interview conducted by the institution. Prohibits disbursement of loans to any other student more than 30 days before the beginning of the enrollment period. Sets forth requirements for methods of multiple disbursement. Requires the lender or escrow agent to withhold a second or succeeding installment if the borrower has ceased to be enrolled on at least a half-time basis, unless notified by the institution that the disbursement is necessary to cover costs already earned by the institution. Requires the institution to withhold and return to the lender or escrow agent any portion of an installment which exceeds the amount for which the student is eligible. Provides that all loans issued for the same enrollment period shall be considered a single loan for specified purposes. Excludes from such additional disbursement requirements parent (PLUS) loans, consolidation loans, and loans to cover study at an institution outside the United States. Provides for transmittal of institutional disbursement schedules to lenders. Applies such additional disbursement requirements to the GSL and Federally insured student loan (FISL) programs. Directs the Secretary, guaranty agency, eligible lender, or subsequent holder to disclose to credit bureau organizations any information concerning the date a delinquency began and the repayment status of any loan that has been delinquent for 90 days. Requires that the borrower be informed that such organizations will be notified of such delinquency. Requires eligible lenders to include in required disclosures to borrowers before disbursement and before repayment: (1) an explanation of the availability of deferments; and (2) a statement that the borrower should notify the lender of the reasons for any failure to make a payment when it is due. Directs the Secretary to promulgate guidelines for eligible institutions to use to encourage student loan repayment in accordance with GSL program provisions as amended by this Act. Requires such guidelines to include: (1) an explicit delineation of legal restrictions and requirements relating to disclosure of borrower records to third parties, the Fair Debt Collection Practices Act, and any other applicable Federal law; and (2) a model program, including sample letters and telephone contact scripts, in a format for easy copying by institutions. Sets forth requirements for default reduction agreements. Directs the Secretary, within three months of enactment of this Act, to submit to specified congressional committees a plan to establish a comprehensive schedule of program reviews for all eligible institutions, guaranty agencies, and lenders participating in the loan programs authorized under title IV (Student Assistance) of HEA. Requires that such plan be designed to accomplish all such reviews within five years, with priority attention to agencies and institutions experiencing difficulties administering such programs. Requires such plan to include estimates of budgetary and personnel requirements for carrying out such reviews. Prohibits the Secretary from implementing any such plan until 30 days after its submission to such committees. Directs the Secretary, at the end of each fiscal year, to report to such committees on implementation and proposed modifications of the plan. Directs the Secretary, by September 30, 1990, and annually thereafter, to send the Congress an annual default report, including: (1) the annual default rate for each guaranty agency, eligible lender, and higher education institution participating in the GSL program; (2) the annual dollars in default for each such institution, agency, and lender; and (3) the average national cumulative default rate. Directs the Secretary, within 90 days of the publication of each such report, to initiate program reviews at those institutions that fall in the top five percent of: (1) all institutions ranked by annual default rates (excluding institutions with less than 25 GSL program loans outstanding); or (2) all institutions ranked by annual dollars in default (excluding institutions whose annual default rate is less than the average national cumulative default rate of all institutions). Excluding institutions whose annual default rate is less than the average national cumulative default rate of all institutions). Excludes from such rankings, for purposes of identifying institutions required to participate in a default reduction agreement, any institutions which are engaged in such agreements or for which waivers have been granted. Sets forth the required contents of program reviews. Directs the Secretary, within 30 days of completion of the program review, to enter into a negotiated default reduction agreement with the institution, based on review findings. Sets forth conditions which the default reduction agreement may include. Allows waivers of the required default reduction agreement for an institution, if the Secretary determines that compliance with such requirement will not lead to a significant reduction of the institution's annual default rate or annual dollars in default. Limits the duration of such an agreement to three years, and requires at least one evaluation by the Department of Education during such time. Provides for termination of the agreement if, during an interim evaluation, it is determined that the institution no longer would be subject to program review. Directs the Secretary to assess the institution's compliance with the agreement upon its expiration. Provides for an exemption from the requirement of subsequent agreements for up to three years if an institution has fully complied with its most recent agreement and remains in the top five percent of all institutions in annual default rates or annual dollars in default. Directs the Secretary to initiate a limitation, suspension, or termination proceeding with respect to an institution's eligibility to participate in HEA title IV (Student Assistance) programs if it refuses to enter into, or fails substantially to comply with, a default reduction agreement. Prohibits the Secretary from initiating any such proceeding solely on the basis of the default rate of the borrowers who attended any institution (whether or not that institution has been the subject of a program review or default reduction agreement). Directs the Secretary annually to expend specified amounts from the student loan insurance fund for default reduction management activities (in addition to other appropriations made for such purposes). Sets forth activities for which such funds may be used. Directs the Secretary: (1) to submit a plan, to accompany the President's budget for each fiscal year, detailing fund expenditures; and (2) at the conclusion of each fiscal year, to report findings and activities relating to such expenditure of funds to specified congressional committees. Requires that a specified amount of such funds be used to carry out certain HEA provisions for training in financial aid and student support services. Increases and extends through FY 1991 the authorization of appropriations to carry out such training provisions. Makes eligible institutions (in addition to lenders and guaranty agencies) liable under certain civil penalty provisions of part B (the GSL program) of title IV of HEA. Applies such penalties also to repeated violations of such part or regulations prescribed under it (provides that multiple instances of the same servicing error or omission shall not be considered "repeated violations" unless they are not corrected after the lender, institution, or agency knows or should, in the exercise of reasonable care, know that the error or omission is in violation of such provisions). Provides that a lender or guaranty agency shall not be relieved of civil liability because of its cure of the violation, correction of a failure, or its notification of a person who received a substantial misrepresentation of the actual nature of the financial charges involved, if the remedy is made after the Department of Education discovers such violation, failure, or misrepresentation. Authorizes the Secretary, in approving or disapproving an accrediting agency whose accreditation of an institution of higher education will be a condition of the institution's eligibility under the GSL program, to take into account the extent to which such agency: (1) reviews the academic programs and performance of institutions for which a program review is required under default reduction provisions of this Act; and (2) performs inspections and reviews of such institutions, with particular attention to dropout rates and job placement rates as indicators of inadequate counseling and instructional programs and causes of such default rates. Prohibits an institution from being certified or recertified as eligible for the GSL program or other title IV (Student Assistance) programs of HEA if it: (1) has had its accreditation withdrawn, revoked, or otherwise terminated for cause during the preceding 24 months; or (2) has withdrawn from accreditation voluntarily under a show cause or suspension order during such period. Makes such prohibition inapplicable to an institution: (1) whose accreditation has been restored by the same accrediting agency that had accredited it prior to the withdrawal, revocation, or termination; or (2) which has demonstrated its academic integrity to the Secretary's satisfaction, in accordance with specified HEA provisions. Sets forth a restriction on need analysis for parents who are not enrolled in a postsecondary degree or certificate program, under provisions for determining family contributions for dependent students and for independent students with dependents. Authorizes student financial administrators to adjust the cost of attendance for independent students with dependents to include costs of food and shelter for dependent care when such students' income is less than a standard maintenance authority (by providing that such a determination is within the administrators' discretionary power to make necessary adjustments). Revises general need analysis provisions for student assistance programs under HEA to exclude from the term "assets" the net value of: (1) the family's principal place of residence; (2) a family farm on which the family resides; or (3) a small business substantially owned and managed by a member or members of the family. Directs the Secretary, within 60 days after enactment of this Act, to submit to the Congress such recommendations for changes to parts A (Grants to Students in Attendance at Institutions of Higher Education) and F (Need Analysis) of title IV of HEA as may be necessary to achieve an equitable assessment of income and assets after the exclusions of the home, family farm, and small business from the assets. Provides that such changes may include changes in the assets protection allowances, asset conversion rates, and other factors used in the determination of expected family contribution. Sets forth a definition of academic year (current law requires that such term be defined by the Secretary by regulation). Sets forth circumstances under which such term can be defined on a credit hour or clock hour basis. Permits waivers of other criteria regarding length of a course if an eligible institution offering a combination correspondence/residential training program: (1) satisfies all requirements otherwise imposed by the Secretary and the institution's accrediting agency; and (2) has courses which meet the minimum standards, either by clock or credit hours, required for participation in any loan or grant program under title IV of HEA. Revises provisions for admission of students on the basis of their ability to benefit from education or training. Requires that such students meet all of specified criteria (currently they must only meet some of such criteria) in order to remain eligible for student assistance programs under title IV of HEA. Deems tuition and fees "unearned," for refund policy purposes, in proportion to the fraction of the enrollment period remaining at the time the student withdraws. Provides that the institution shall be treated as earning initial administrative expenses at the beginning of such enrollment period, in accordance with regulations prescribed by the Secretary. Requires institutions, under student aid program participating agreements and upon notification from the guarantee agency of a students default, to withhold academic transcripts of student borrowers in default of any HEA title IV loan unless this: (1) will prevent the borrower from obtaining employment and repaying the loan; or (2) would be unjust or improper due to extraordinary circumstances. Prohibits institutions, under student aid program participation agreements, from: (1) using any independent contractor or anyone other than a salaried employee of the institution to conduct any canvassing, surveying, promotion, or similar activities; (2) using any contractor or anyone other than a salaried employee of the institution to make final determinations that an individual meets the institution's admissions requirements or the criteria of eligibility for financial aid; or (3) paying any commission, bonus, or other incentive to any person making such final determination. Authorizes the Secretary to prescribe regulations for the limitation, suspension, or termination of eligibility of an individual or organization to administer any aspect of an institution's student assistance program. Limits such suspensions to 60 days, unless the organization and the Secretary agree to an extension, or unless limitation or termination proceedings are initiated. Directs the Secretary to conduct a study and make recommendations relating to the appropriate actions to take in the event that one or more guaranty agencies become insolvent. Sets forth types of standards, procedures, and steps which the Secretary must examine and make recommendations upon. Directs the Secretary to complete such study within six months after enactment of this Act, and file a report, with recommendations, with specified congressional committees. Prohibits the Secretary from issuing regulations concerning the determination of guaranty agency insolvency and the remedies for such insolvency unless the Congress provides such specific authority upon receipt and consideration of such study. Makes a technical amendment to the Consolidated Omnibus Budget Reconciliation Act of 1985. Sets forth clerical and technical amendments to HEA.
United States · United States Congress · 30 June 1988
Black Lung Benefits Check Delivery Assurance Act of 1988 - Amends the Federal Mine Safety and Health Act of 1977 to provide that if the regularly scheduled delivery date for black lung benefit checks falls on a weekend or a legal public holiday, then such checks shall be mailed for delivery on the first day preceding the weekend or holiday, even if the delivery would be made before the end of the month for which such checks are issued. Provides that if, as a consequence of such modified delivery date, the payment is more than the correct authorized amount, no action shall be taken to recover the incorrect portion.
United States · United States Congress · 30 June 1988
Military Retirement Benefits Check Delivery Assurance Act of 1988 - Requires the early mailing of benefit checks for military retired and retainer pay, Retired Serviceman's Family Protection Plan annuities, and military Survivor Benefit Plan annuities if the day regularly designated for the delivery of such checks falls on a Saturday, Sunday, or legal holiday.
United States · United States Congress · 30 June 1988
Civil Service and Federal Employee Retirement Check Delivery Assurance Act of 1988 - Provides that if the usual delivery date for civil service retirement checks falls on a Saturday, Sunday, or legal public holiday, then such checks shall be mailed a day earlier than usual.
United States · United States Congress · 30 June 1988
Railroad Retirement Benefits Check Delivery Assurance Act of 1988 - Amends the Railroad Retirement Act of 1974 to provide that if the regularly scheduled delivery date for certain railroad benefits checks falls on a weekend or a legal public holiday, then such checks shall be mailed for delivery on the first day preceding the weekend or holiday, even if the delivery would be made before the end of the month for which such checks are issued. Provides that if, as a consequence of such modified delivery date, the payment is more than the correct authorized amount, no action shall be taken to recover the incorrect portion.
United States · United States Congress · 30 June 1988
Requires a certain percentage of Federal fleets of passenger automobiles and light-duty trucks to be alternative fuel vehicles by specified deadlines if such vehicles are being operated in an area designated under the Clean Air Act as an area of serious health endangerment for ozone and/or carbon monoxide. Requires the Administrator of the General Services Administration and the Secretary of Defense, with concurrence of the Secretary of Energy, to issue regulations ensuring that such vehicles shall: (1) be supplied with alcohol, natural gas, or electricity in the primary area of operation; and (2) be operated exclusively on such fuel (except when it is impracticable to obtain it). Mandates that funds appropriated to implement this Act be expended first in those areas determined by the Administrator of the Environmental Protection Agency (the Administrator) to have the most severe air pollution problems. Requires alcohol or natural gas fuels to be offered for sale to the public at Federal facilities except in certain circumstances. Mandates that the funds appropriated for alternative fuel vehicle acquisition apply only to the portion of costs which exceeds the cost for comparable conventional fuel vehicles. Directs the Secretary of Energy to ensure that the cost to any Federal agency receiving an alternative fuel vehicle under this Act shall not exceed the cost to such agency of a comparable conventional fueled vehicle. Mandates that gasoline powered Federal vehicles, with specified exceptions, which are operated in an area designated as seriously endangering health because of carbon monoxide, and which are not dual energy (or natural gas dual energy), be operated exclusively with fuel which blends oxygenates with gasoline at their primary fueling facility. Requires the Administrator to report to the Congress the results of a comprehensive analysis of the public health risk associated with the use of significant amounts of alcohol or natural gas transportation fuels as compared to diesel and gasoline fuels. Authorizes appropriations for FY 1990. Sets forth criteria for alternative fuel vehicles. Authorizes appropriatons for FY 1993 through 1996.
United States · United States Congress · 30 June 1988
Revises conflict-of-interest provisions concerning Department of Defense procurement to prohibit former Department officers and employees and former or retired members of the armed services who participated in decisionmaking responsibilities concerning defense contractors from accepting compensation from such contractors for a two-year period following separation from the Department. (Present law imposes such prohibitions only on those officials who performed procurement functions for a majority of working days or who participated in negotiations of contracts or claims in excess of $10,000,000.) Imposes criminal penalties for violations of such prohibition. (Present law provides only civil penalties.) Imposes criminal penalties upon any person who knowingly offers or provides such compensation to a former defense procurement official. (Present law imposes only civil penalties.) Authorizes the Secretary of Defense to exempt from such requirements certain persons appointed to sensitive civilian procurement executive positions. Specifies that such an exemption shall be made with the concurrence of the Director of the Office of Government Ethics. Requires the Secretary to report to the Congress concerning any such exemptions. Requires the Secretary to provide each defense procurement official separated from service a written notice containing: (1) an explanation of the provisions of this Act; and (2) the name of each contractor from whom such person is prohibited from accepting compensation. Specifies that the provisions of this Act shall not apply to contracts for less than $100,000 or to contractors who did less than $100,000 worth of business with the Department in the preceding fiscal year. Allows any person who is considering the propriety of accepting compensation from a defense contractor to apply to the Director of the Office of Government Ethics for advice on the applicability of this Act.
United States · United States Congress · 30 June 1988
Expresses the sense of the Congress that the Government of Nicaragua should: (1) fulfill its pledge in the Esquipulas II agreement to grant a general amnesty to all political prisoners; (2) cease inhumane torture and holding prisoners incommunicado; (3) end random arrests for purposes of political intimidation; (4) allow human rights observers in all parts of prison facilities; (5) compensate former political prisoners; and (6) cease human rights violations.
United States · United States Congress · 29 June 1988
Directs the American Battle Monuments Commission to restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor in the Republic of the Philippines. Specifies that the Commission may do so only after an agreement has been entered into between the United States and the Republic of the Philippines. Requires the Commission to carry out the purposes of this Act with private funds, except to the extent funds were appropriated pursuant to authorizations under this Act. Authorizes the Commission to solicit private contributions. Establishes a fund in the Treasury for the deposit of such contributions. Authorizes appropriations.
United States · United States Congress · 29 June 1988
Department of Defense Acquisition Reorganization Act of 1988 - Establishes within the Department of Defense a Defense Acquisition Agency. Provides that the Under Secretary of Defense for Acquisition shall be the head of such Agency. Specifies that the Agency shall be responsible for all functions of the Department of Defense (including the military departments) relating to acquisition of property and services (including construction). Terminates the procurement authority of the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force. Establishes in the Department of Defense a Defense Acquisition Corps (DAC) to be headed by the Under Secretary of Defense for Acquisition. Requires the Secretary to make appointments to the DAC from the best-qualified civilian applicants and military personnel. Directs the Secretary to establish by regulation a personnel system for civilian personnel within the DAC. Outlines information to be included in such regulations. Allows the Secretary to exempt civilian personnel of the DAC from any otherwise applicable competitive service requirements. Authorizes the Secretary to establish by regulation a merit pay system for such members of the DAC as the Secretary deems appropriate. Provides for the assignment of members of the DAC. Requires the Secretary, not later than one year after the enactment of this Act, to: (1) review existing acquisition-related positions in the military departments to determine which positions should be included in the DAC; and (2) make appointments to such positions. Directs the Secretary of Defense to review each major defense acquisition program before such program proceeds into the stages of: (1) initial research and development; (2) full-scale development; and (3) production. Sets forth evaluations to be included in each review. Prohibits the Secretary or the Secretary of a military department from obligating or expending funds with respect to a stage of a major defense acquisition program unless the Secretary of Defense approves such program at the beginning of such stage. Directs the Secretary of Defense to establish and operate a Defense Acquisition University which includes all existing acquisition-related defense schools.
United States · United States Congress · 28 June 1988
Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to require a showing of proof by a preponderance of the evidence for a U.S. district court to issue orders to prevent and restrain violations of prohibited racketeering activities. Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Provides for the recovery of treble damages upon proof by a preponderance of the evidence: (1) where a government entity has been injured as a result of such violations; or (2) for persons injured by such violations, if a criminal conviction of the defendant is obtained. Allows a person aggrieved by a RICO violation to recover, upon proof by a preponderance of the evidence, punitive damages under certain circumstances. Lists factors to be considered in determining the amount of punitive damages, including: (1) the degree of culpability of the defendant; (2) any history of similar conduct by the defendant; and (3) the number of persons victimized. Provides for the recovery of punitive damages, upon proof by a preponderance of the evidence, for persons who suffer bodily injury as a result of a RICO violation that includes a crime of violence as a predicate act. Sets a statute of limitations for such actions of: (1) four years after the cause of action accrues; (2) four years after the conduct causing the injury terminates; (3) two years after the date of the criminal conviction (required for a treble damage cause of action); or (4) six years after the cause of action accrues if such action is brought by a specified official for the Federal Government or a State or local government. Provides an affirmative defense where the defendant acted in good faith and in reliance upon an official, directly applicable regulatory action, approval, or interpretation of law by an authorized Federal or State agency in writing or by operation of law. Provides that an action under this Act shall not abate on the death of the plaintiff or defendant and shall be enforceable against a receiver in bankruptcy. States that in a civil action which does not allege a crime of violence as a predicate act: (1) the term "racketeer" shall not be used in referring to any party; (2) "racketeering activity" shall be referred to as "unlawful activity"; and (3) "pattern of racketeering activity" shall be referred to as "pattern of unlawful activity." Describes offenses which are predicate acts constituting crimes of violence for purposes of a civil action alleging such crime. Amends the criminal penalties section of the RICO statute to provide for life imprisonment if the violation of such statute is predicated on an offense for which the maximum penalty includes life in prison. Sets forth additional predicate offenses. Provides for universal service of process. States that nothing in RICO shall be construed to confer jurisdiction on a State or local unit of government.
United States · United States Congress · 23 June 1988
Technology-Related Assistance for Individuals With Disabilities Act of 1988 - Title I: Grants to States - Directs the Secretary of Education to make grants to States for consumer-responsive comprehensive statewide programs of technology-related assistance for individuals of all ages with disabilities. Lists functions and activities which may be included in the programs. Directs the Secretary to award to States three-year grants for statewide programs of technology-related assistance for individuals with disabilities. Provides for the number and amounts of the grants. Gives States receiving grants in one fiscal year priority in the availability of amounts appropriated in the next fiscal year. Directs the Secretary to award grants in a manner that is geographically equitable and that distributes them among States that have differing levels of development of programs of technology-related assistance. Sets forth information and assurances which must accompany an application. Authorizes the Secretary to award a two-year extension grant to any State that demonstrates significant progress of a statewide program of technology-related assistance under a grant provided for in this Act. Provides for the amounts of the extension grants and for priority for previously participating States. Specifies elements which must be included in an extension grant application. Requires each State that receives a grant under this title to submit an annual report to the Secretary. Sets forth specific requirements for reports with respect to extension grants. Directs the Secretary to establish a system to assess the extent to which States which receive grants under this title are making significant progress. Subjects any State which fails to comply with the requirements of this title to a corrective action plan. Declares that nothing in this title shall be construed to permit the State or any Federal agency to reduce medical or other assistance available or to alter eligibility under: (1) title II (Old Age, Survivors and Disability Insurance), title V (Maternal and Child Health), title XVI (Supplemental Security Income), title XVIII (Medicare), title XIX (Medicaid), or title XX (Block Grants for States for Social Services) of the Social Security Act; (2) the Education of the Handicapped Act; (3) the Rehabilitation Act; or (4) laws relating to veterans' benefits. Authorizes appropriations for FY 1989 through 1993. Directs the Secretary to reserve from amounts appropriated one percent for provision to States of information and technical assistance. Authorizes the Secretary to reserve sums as necessary to cover the cost of on-site visits. Directs the Secretary, directly or by contract, to: (1) conduct a national evaluation of the grant program authorized by this title; and (2) report to the Congress not later than October 1, 1992. Authorizes the Secretary to work with the States to consider and develop a uniform information system designed to report and compile a qualitative and quantitative description of the impact of the grant program. Title II: Programs of National Significance - Part A: Study on Financing of Assistive Technology Devices and Assistive Technology Services for Individuals with Disabilities - Requires the National Council on the Handicapped to: (1) conduct a study and make recommendations to the Congress and the President concerning financing and other aspects of technology-related assistance, devices, and services; and (2) appoint an advisory committee in accordance with the Rehabilitation Act of 1973 to assist the Council in carrying out the Council's duties under this part. Directs the heads of all Federal agencies, to the extent not prohibited by law, to cooperate with the Council. Authorizes the Council, with the consent of the agency involved, to use the resources of Federal, State, local, and private agencies, with or without reimbursement. Sets forth reporting requirements. Part B: National Information and Program Referral Network - Directs the Secretary to enter into any contract or cooperative agreement necessary in order to establish a national information and program referral network to assist States regarding such technology-related assistance, if the Secretary determines it appropriate to establish the network. Requires the contracts or agreements, if any, to be entered into before the end of 30 months after appropriations are enacted. Directs the Secretary to conduct a study of the feasibility and desirability of creating such a network. Authorizes the Secretary to enter into a contract or cooperative agreement necessary to conduct the study. Provides for the content and timetable of the study. Part C: Training and Public Awareness Projects - Directs the Secretary to enter into contracts or cooperative agreements concerning training with regard to the provision of technology-related assistance. Specifies eligible activities. Directs the Secretary to make grants to assist institutions of higher education to prepare personnel for careers relating to the provision of technology-related assistance. Sets forth priorities and specifies allowed uses of funds. Directs the Secretary to make grants or enter into contracts to carry out national projects that build awareness of the importance and efficacy of assistive technology devices and services for individuals of all ages with disabilities functioning in various settings of daily life. Sets forth allowed uses of the funds. Directs the Secretary to establish priorities for the grants and to publish the priorities, along with an explanation of how the priorities were determined, in the Federal Register. Part D: Demonstration and Innovation Projects - Directs the Secretary to make grants or enter into contracts or cooperative agreements to pay all or part of the cost of demonstration and innovation projects concerning technology-related assistance for individuals with disabilities. Sets forth allowed uses of the funds. Part E: Authorization of Appropriations - Authorizes appropriations for FY 1989 through 1993. Sets forth priorities depending on specified levels of appropriations.
![Official portrait of Rep. Penny, Timothy J. [D-MN-1]](https://www.congress.gov/img/member/p000215_200.jpg)