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 · 26 September 1988
Expresses the sense of the Congress that both the Democratic and Republican presidential candidates should publicly support making specified appropriated amounts available for obligation for the space station program, and should endorse its continued funding.
United States · United States Congress · 16 September 1988
Illegal Dumping Prevention Act of 1988 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize the seizure and forfeiture of vessels illegally dumping wastes into ocean waters.
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 · 11 August 1988
Connecticut Medical Waste Tracking Act of 1988 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a demonstration program, within nine months of this Act's enactment, to track, by the use of a manifest system, medical waste generated and disposed of in Connecticut. Makes such program applicable to generators of medical waste and owners and operators of facilities for the treatment, storage, transport, and disposal of medical waste. Requires such parties to permit access to and provide copies of all records relating to such wastes to any designated EPA representative. Sets forth civil and criminal penalties for violations of program requirements. Provides that this Act does not preclude any State or locality from imposing more stringent requirements for the control or monitoring of medical waste, or affect the authorities or requirements of the Solid Waste Disposal Act. Requires the Administrator to report to the Congress, within three years of this Act's enactment, on the progress and success of the demonstration program. Authorizes appropriations for such program for FY 1989 through 1991. Directs the Administrator to conduct a study and report to the Congress, within one year of this Act's enactment, on the medical waste treatment and disposal methods currently employed by Connecticut.
United States · United States Congress · 3 August 1988
Amends accounting provisions of the Internal Revenue Code to provide that the percentage completion method shall not be required in the case of any residential construction contract that the taxpayer expects to be completed within one year.
United States · United States Congress · 2 August 1988
Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.
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
Women's Business Ownership Act of 1988 - Title I: Congressional Findings and Purposes - Sets forth congressional findings and purposes with respect to small businesses owned and controlled by women. Title II: Demonstration Projects - Amends the Small Business Act to direct the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct demonstration projects giving financial, management, and marketing assistance to small businesses, including start-up businesses, owned and controlled by women. Describes application criteria. Requires the SBA to report to the congressional Small Business Committees on the projects. Terminates authority for this pilot program on October 1, 1991. Authorizes appropriations. Title III: Procurement Assistance - Amends the Small Business Act to include small business concerns owned and operated by women as a discrete group for purposes of Government contracts and subcontracts and procurement programs. (Current law governing these programs refers expressly only to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals as groups targeted for assistance.) Instructs the Director of Small and Disadvantaged Business Utilization of each Federal agency to designate a Women-in-Business Specialist to be responsible for programs designed to assist concerns owned and controlled by women. Directs Federal agencies, in their procurement activities, to engage in affirmative action to identify and solicit offers from small businesses owned and controlled by either women or socially and economically disadvantaged individuals. Title IV: Access to Capital - Amends the Consumer Credit Protection Act to prohibit the Federal Reserve Board, except under limited circumstances, from exempting from such Act's provisions any class of transactions that are primarily for personal, family, or household purposes, or business or commercial loans made available by a financial institution. Limits to five years any exemption authorized under the circumstances specified in this Act, unless a subsequent determination is made that the exemption remains appropriate. Requires lenders to keep records relating to loans and to provide written notice to applicants of their right to receive notice of reasons for a loan denial. Authorizes the SBA to establish a certified loan program for lenders that display knowledge and proficiency with respect to SBA regulations and programs. Directs the SBA to encourage small business loans of $50,000 or less under both this new program and the preferred lenders program in FY 1989 through 1991 by permitting participating lenders to: (1) use their own forms without regard to SBA paperwork; and (2) retain one-half of the loan guarantee fee. Requires SBA reporting to specified congressional committees in connection with the certified loan program. Directs the Federal Reserve Board, the Comptroller of the Currency, the Department of Commerce, and the SBA jointly to study levels of availability of and demand for debt and equity capital by small businesses, as well as innovative financing techniques to meet any unmet demand. Requires reporting to the congressional Small Business Committees. Title V: National Women's Business Council - Establishes the National Women's Business Council to review the status of women-owned businesses nationwide and to develop detailed multiyear plans in connection with both private and public sector actions to assist and promote such businesses. Requires annual reporting to both the President and the Congress. Title VI: Statistical Data and Effect on Other Programs - Directs: (1) the Bureau of Labor Statistics to include in its census reports on women-owned businesses specified information on sole proprietorships, partnerships, and corporations; (2) the Bureau of the Census to include in its Business Census data the number of corporations that are 51 percent or more owned by women; (3) the SBA's Office of the Chief Counsel for Advocacy to report on the most cost-effective and accurate ways to gather and present the statistics required in these census reports; and (4) Federal agencies to report to the Office of Federal Procurement Policy the number of first-time contract recipients that are small businesses owned and controlled either by women or by socially and economically disadvantaged individuals. Requires the President's annual Report on Small Business and Competition to include in separate detail information relevant to small businesses owned and controlled either by women or by socially and economically disadvantaged individuals.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 12 July 1988
President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.
United States · United States Congress · 30 June 1988
Expresses the sense of the House of Representatives that Federal law governing the taxation of State and local government bonds should not be changed in order to increase Federal revenues.
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 · 21 June 1988
Authorizes the Vietnam Women's Memorial Project, Inc., to construct a commemorative statue within the Vietnam Veterans Memorial to recognize and honor the women of the U.S. armed forces who served in the Vietnam war. Directs the Secretary of the Interior to select a site for the statue within the Memorial. Makes the design proposal subject to the approval of the Secretary, the National Planning Commission, and the Commission of Fine Arts. Prohibits the United States and the District of Columbia from paying any expense of constructing the statue. Expresses the sense of the Congress that: (1) it is fitting and appropriate that such a statue be constructed at the site of the Vietnam Memorial; (2) the Secretary and each of the Commissions should give consideration to the sense of Congress that such a statue should be constructed at that site; and (3) after the addition of such statue no further commemorative works should be added to the Memorial. Requires the Secretary and Administrator of General Services to prepare, transmit to the Congress, and update periodically a list and a description of those commemorative works which have been completed and are located in the District of Columbia and its environs. Prohibits any significant modification to any commemorative work located in the District of Columbia and its environs unless specifically authorized by the Congress.
United States · United States Congress · 16 June 1988
Construction Safety and Health Improvement Act of 1988 - Amends the Occupational Safety and Health Act of 1970 (the Act) to provide for construction industry accident reporting, recordkeeping, investigation, and work-suspension procedures, for a permit system for hazardous construction operations, and for health and safety planning and supervision of all construction projects. Involves professional engineer-architects in such procedures. Increases civil and criminal violations and penalties under the Act. Defines a Professional Engineer-Architect (E-A) as an individual who: (1) has attained, through engineering education and science, a thorough knowledge of mathematical, physical, and engineering sciences and principles and methods of engineering analysis and design; and (2) is registered, where permitted, as a professional engineer in the State where such work is to be performed. Defines serious injury as one requiring professional medical treatment. Defines hazard analysis as a report: (1) detailing the potential safety hazards (including structural collapses, cave-ins, fires, flooding or other water hazards, explosions, and lightning) that could occur on a construction site throughout the construction process; and (2) containing instructions and provisions for the prevention or handling of potential safety hazards. Sets forth incident reporting, recordkeeping, and investigation procedures relating to construction site accidents. Requires the E-A responsible for the worksite to: (1) immediately investigate any incident upon its occurrence; and (2) report all reportable incidents on the construction worksite to the appropriate regional office of the Occupational Safety and Health Administration (OSHA) by telephone or telegraph immediately after their occurrence. Defines the term "reportable incident" as one that: (1) causes serious injury or death; (2) could have caused serious injury or death, as determined by the E-A; (3) involves a structural failure that leads to a collapse of a building; or (4) involves a near-collapse of a building. Excludes from such term an incident that causes serious injury or death, if an E-A determines that the incident was not a violation of: (1) the project construction process and hazard analysis or the Project Safety and Health Program and Procedures; or (2) the Act or a standard promulgated pursuant to the Act. Sets forth the types of information which such report must specify. Requires the employer, appropriate contractor, or the owner to bar ingress to and egress from, or other interference with, an incident site until OSHA completed its investigation, on the occurrence of a reportable incident involving: (1) three or more serious injuries; (2) a fatality; (3) a life-threatening injury; (4) a structural failure that leads to the collapse of a building; or (5) the near-collapse of a building. Allows necessary medical treatment or medical transportation and rescue and recovery work to take place at such site. Prohibits any work from being done at such site until OSHA completes its investigation and certifies that it is safe for work to continue. Requires the employer, appropriate contractor, or owner to take appropriate measures, as defined by regulations promulgated by the Secretary of Labor (the Secretary), to prevent the destruction of relevant evidence. Directs OSHA to conduct an investigation of such an incident (including site inspection) as soon as practicable after it is reported. Requires the employer, appropriate contractor, or owner to grant OSHA immediate access to the incident site. Requires OSHA to ensure a full investigation. Requires such investigation to take place within 24 hours following receipt of the report unless rescue and recovery operations are in progress or OSHA determines that conditions at the site would make investigation dangerous. Directs OSHA to determine during the investigation whether the incident site is an imminent danger or to certify that work may resume at the site. Directs OSHA, following such investigation, to prepare a description of the incident (including all items specified for E-A reports) and submit it to the area office as soon as possible, but no later than one week following commencement of the investigation. Requires each employer engaged in construction work to file a report with OSHA upon completion of such work at a construction project. Requires such reports to include information on work incidents, injuries, and deaths. Requires that such information be used to: (1) determine the national incident rate average for each type of construction work; and (2) target for inspections high hazard construction operations, and employers that have a higher than average incident rate. Revises provisions for civil and criminal penalties under the Act. Raises to $25,000 the maximum civil penalty for each: (1) willful or repeated violation (currently $10,000); (2) citation for a serious violation (currently $1,000); (3) citation for a violation determined not serious (currently $1,000); and (4) failure (per day) to correct a violation (currently $1,000). Makes mandatory (currently discretionary) the assessment of a civil penalty against employers who fail to correct a violation against which a citation has been issued. Adds criminal penalties for repeated violations of specified standards, rules, or orders under the Act and for failure to correct a violation for which a citation has been issued (as well as for willful violations), if that violation or failure caused death, serious injury, or illness to any employee, or was a serious violation under new provisions covering directors, officers, or agents of a corporate employer who knowingly authorize, order, or carry out violations, failures, or refusals to comply with orders under the Act. Increases the maximum criminal penalties for such violations (after having increased their scope beyond willful violations resulting in an employee death) to $250,000 in fines and/or 20 years' imprisonment (currently $10,000 and/or six months), and, for violations committed after a first conviction, to $500,000 and/or ten years (currently $20,000 and/or one year). Increases the maximum criminal penalties for giving advance notice of an inspection (without the authority of the Secretary or a designee under the Act) to $50,000 in fines and/or one year's imprisonment (currently, $1,000 and/or six months). Increases the maximum criminal penalties for false statements, representations, or certifications under the Act to $100,000 in fines and/or one year's imprisonment (currently $10,000 and/or six months). Increases the maximum civil penalty for a violation of posting requirements to $25,000 (currently $1,000). Revises procedures for the payment of civil penalties to require that interest be charged against a person on any final order of the Occupational Safety and Health Review Commission (the Commission) or the U.S. district court. Specifies such interest rate and requires accrual to begin 30 days after issuance of such order. Subjects any director, officer, or agent of a corporate employer, who knowingly authorized, ordered, or carried out the employer's violation of a safety or health standard or knowing violation or failure or refusal to comply with an order issued under the Act, to the same civil penalties, criminal fines, and imprisonment that may be imposed on a person under applicable provisions of the Act. Prohibits the use of the assets of any business entity to pay, directly or indirectly, a penalty or fine imposed on a director, officer, or agent. Establishes criminal penalties for any director, officer, or agent of any employer who discovers an occupational hazard at the workplace that could cause serious injury or illness to any employee and who fails, during the 15 day-period after such discovery (or immediately, if there is an imminent risk of bodily injury or death), to: (1) inform the Assistant Secretary in writing, unless such person has actual knowledge that the Assistant Secretary has been so informed; and (2) warn affected employees in writing, unless such person has actual knowledge that such employees have been so warned. Sets the maximum penalty for such violation at $250,000 in fines and/or ten years' imprisonment. Prohibits fines from being paid, directly or indirectly, out of the assets of any business entity on behalf of such individual. Establishes criminal penalties for any person who knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person's having informed the Assistant Secretary or warned employees of a serious concealed occupational hazard at the workplace. Sets the maximum penalty for such a violation at $250,000 in fines and/or ten years' imprisonment. Prohibits such fines from being paid, directly or indirectly, out of the assets of any business entity on behalf of such an individual. Prohibits compromise, mitigation, or settlement of any proposed civil penalty that has been: (1) issued under provisions for enforcement procedures under the Act, unless the affected employees or their representative have been given a full opportunity to participate in the process resulting in such an outcome; or (2) contested before the Commission under the Act, except with the Commission's approval. Prohibits compromise, mitigation, or settlement of any penalty assessment that has become a final order of the Commission, except with court approval. Makes each instance a separate violation, for purposes of assessing civil penalties and fines, where there are multiple instances of a violation of a standard under the Act. Considers a serious violation to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition that exists there, or from one or more practices, means, methods, operations, or processes that have been adopted or in use there, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. Subjects to criminal penalties, upon conviction, any person who knowingly distributes, offers for sale, introduces, or delivers in commerce any equipment (or components or accessories) for use at a construction site, if such equipment: (1) is represented as complying with the provisions of the Act or any applicable specification or regulation of the Secretary; but (2) does not so comply. Provides that no State or local law shall be superseded by any provision, order, or standard under the Act, unless such law is in conflict with it. Provides that State or local safety and health laws are not in conflict with the Act if they provide standards which are either more stringent than or not provided by the Act. Provides that nothing in the Act shall preclude State and local law enforcement agencies from engaging in criminal prosecutions in accordance with State or local laws. Establishes a permit system for certain construction operations under the Act. Requires the issuance of a permit by an E-A for an employment or place of employment prior to the commencement of any of the following covered operations: (1) the construction of trenches and excavations that are five feet or deeper and into which a person is required to descend; (2) the erection of scaffolding that is more than three stories high; (3) the demolition of any building, structure, or the dismantling of scaffolding, that is more than three stories high; (4) operations involving exposure to asbestos; (5) any other operation that OSHA determines involves an exposure of employees to death or serious bodily harm; and (6) any other operation on a specific project which involves an exposure to death or serious bodily harm. Requires a construction industry employer to obtain such a permit by submitting an application demonstrating that the employer knows, complies with, and intends to comply with, all statutes, regulations, standards, and agency directives applicable to construction work generally and to the covered operation or operations specifically, including all requirements set forth in the Act. Requires such an application to include a copy of: (1) the Project Safety and Health Program Procedures; and (2) the Construction Process Plan and Hazard Analysis. Requires only one application and one permit for two or more operations to be performed concurrently by the same employer. Allows an employer who complies with the general application demonstration requirements to obtain an annual permit in lieu of an application and permit for each covered operation of that employer. Requires the employer, before commencement of work on each new covered operation within the year covered by the annual permit, to: (1) notify the project E-A of the nature, location, and intended date of commencement of such operation; and (2) certify that the demonstration made to obtain such annual permit continues to apply to such new operation. Requires such notification to include copies of that portion of the Project Safety and Health Program and Procedures and the Construction Process Plan and Hazard Analysis that are applicable to such new operation or that have been revised since submission of the permit application. Requires permit applications to be submitted to an E-A for certification (or to OSHA in the absence of a permit certified by an E-A). Directs OSHA to establish a schedule of fees to cover the costs involved in investigating and issuing permits. Requires employers to pay such fees to the E-A or OSHA prior to permit issuance. Requires every employer issued a permit to post a copy or copies at or near each place of employment involving a covered operation (or at the nearest practicable location of such employer if the posting is impracticable at the site of an excavation). Makes specified Federal criminal law penalties applicable to false statements made with respect to permit applications and information. Requires that all construction projects be under the supervision of a professional E-A who is registered in the State where the project is located. Makes the owner of the project responsible for designating the E-A. (Considers the owner to have joint responsibility where the project contract specifically assigns such responsibility to a project or construction manager or a prime or general contractor.) Makes the E-A responsible for: (1) determining whether a project's size or complexity requires the designation of qualified representatives of the E-A to ensure that the work is performed in compliance with all provisions, orders, and standards under the Act; (2) assuring that an adequate number of qualified designated representatives (meeting requirements for being competent persons) are assigned to the project; and (3) the actions, and compliance with the Act, of the designated representatives. Makes the E-A liable to the same extent that the supervisor is liable for violations of the Act. Requires posting at each construction project, near the OSHA poster, of the name and registration number of the E-A and the names of all designated representatives. Allows, in such instances, work on the project to be performed only when the E-A's designated representative or representatives will be present on the work site. Allows work on a construction project to be performed only when the E-A is present on the site, unless the E-A determines and certifies that a designated representative will be present on the site and will be sufficient to assure that the work will be performed in compliance with all provisions, orders, and standards under this Act. Makes the owner responsible for the development and implementation on the project of Project Safety and Health Program and Procedures (project procedures). (Considers the owner to have joint responsibility where the project contract assigns such responsibility to a project or construction manager, contractor, or other person.) Requires project procedures to be job-site specific, with benchmarks for monitoring compliance with the program. Requires that specific duties and responsibilities for monitoring compliance with such procedures be assigned to the E-A or designated representatives. Prohibits certain liability claims against labor-management committee members or labor unions if such a committee participates in monitoring project procedures. Directs the E-A to review project procedures, and to certify approval after determining that they: (1) will adequately address safety and health-related conditions anticipated on the project; and (2) contain appropriate provisions for education and training of employers, supervisors, and employees in the recognition, avoidance, and prevention of unsafe and unhealthy conditions. Requires an E-A to perform or supervise, and the project E-A to verify, any required design (or alterations or modifications in the design) of equipment, structures, temporary structures, drawings, or processes. Requires the E-A to notify in writing the appropriate contractors and subcontractors performing work on the project of the existence of hazardous conditions or work practices that violate any Federal, State, or local safety and health laws or regulations, and of noncompliance with any project procedures. Directs the E-A to notify the owner and to require that work be stopped or affected employees be removed from areas where an imminent danger exists. Requires certification of designated representatives in the appropriate State. Directs the Secretary to review and approve such State certification programs and to provide such certification where such State programs are not provided. Requires every owner to prepare a construction process plan and hazard analysis for every construction project prior to commencement of work on that project. (Considers the owner to have joint responsibility where the project contract assigns such responsibility to a project or construction manager or a project or general contractor.) Requires E-A review and approval of such plan and analysis prior to commencement of work on the project. Requires such plan and analysis to include specified components. Requires the prime or general contractor to provide every other contractor and subcontractor, prior to their commencement of work on the project, with a copy of such plan and analysis. Requires every contractor and subcontractor to maintain the plan and analysis throughout its presence on the project and to make such available for review by its employees and employee representatives. Requires all contractors and subcontractors on the project to observe the construction process plan, unless the E-A certifies an exception from one or more aspects of the plan. Requires the project E-A, prior to the commencement of work on a construction project, to certify to OSHA project compliance with all requirements relating to the permit system for certain hazardous construction operations, and with the health and safety supervisory rules for all construction projects under the Act. Authorizes the Secretary, with the approval of the Advisory Committee on Construction, Safety and Health, to exempt from such requirements for all construction projects: (1) certain sizes or types of construction operations, as determined appropriate by the Secretary; and (2) other construction operations, if they are being performed according to a specific plan that includes adequate safety and health procedures approved by an E-A.
United States · United States Congress · 14 June 1988
Expresses the sense of the Congress urging Government agencies to avoid actions that would reduce amateur radio frequency allocations used for emergency communications and encouraging support for the Amateur Radio Service in its emergency communications efforts.
United States · United States Congress · 8 June 1988
Targeted Relief Disclosure Resolution of 1988 - Amends rule X of the Rules of the House of Representatives to require each report accompanying each bill or joint resolution of a public character reported by the Committee on Ways and Means to identify: (1) each provision which is intended to provide special benefits with respect to five or fewer taxpayers, transactions, events, items of property, projects, or issuances of bonds; (2) each beneficiary of such provision; (3) the Member of Congress who sponsored the inclusion of each such beneficiary; and (4) an estimate by the Joint Committee on Taxation of the loss in revenues resulting from such provision with respect to each such beneficiary for the fiscal year for which such loss in revenues first occurs and each of the five fiscal years thereafter.
United States · United States Congress · 3 June 1988
Veterans' Compensation Amendments of 1988 - Increases the rates of compensation, dependency and indemnity compensation, and the clothing allowance payable to veterans with service-connected disabilities and their survivors. Authorizes the Administrator of Veterans Affairs to administratively adjust the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death. Provides for the payment of benefits to the surviving spouse and to the children of a veteran who dies from causes other than the veteran's own willful misconduct, and who was in receipt of, entitled to receive, or but for the receipt of retired or retirement pay would have been entitled to receive, compensation at the time of death for a service-connected disability that was continuously rated totally disabling for: (1) ten years or more immediately preceding death; or (2) not less than five years from the date of such veteran's discharge or other release from active duty. Prohibits the payment of benefits to a surviving spouse under this Act unless: (1) the marriage to the veteran occurred before the expiration of 15 years after the veteran's discharge or other release from active duty; (2) the surviving spouse was married to the veteran for one year or more; or (3) a child was born of the marriage or was born to them before the marriage. Provides for a reduction of benefits to a surviving spouse or child receiving money or property pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of such veteran. Revises provisions providing for vocational rehabilitation for pension recipients to qualify for an eligibility evaluation any veteran who was awarded a pension before the beginning of the program period, and to remove the limitation on the number of veterans who may be given evaluations each year. Extends the program period through January 31, 1992. Provides for the continued operation of the Veterans Administration's regional office in the Philippines through September 30, 1991.
United States · United States Congress · 1 June 1988
Drunk Driving Prevention Act of 1988 - Authorizes the Secretary of Transportation to make basic and supplemental grants to States which adopt and implement certain drunk driving prevention programs. Requires States, in order to receive basic grants under this Act, to provide: (1) an expedited driver's license suspension or revocation system; and (2) a self-sustaining drunk driving enforcement program. Sets forth additional requirements for the receipt of supplemental grants, which include: (1) providing for mandatory blood alcohol content testing whenever a law enforcement officer has probable cause to believe that a driver involved in a collision resulting in a death or serious bodily injury has committed an alcohol-related traffic offense; or (2) providing for an effective system for preventing drivers under the age of 21 from obtaining alcoholic beverages. Provides that no State may receive grants for more than three fiscal years. Sets forth the Federal share payable for such grants for each of the three fiscal years. Authorizes appropriations for FY 1989 through 1991. Requires the Secretary to: (1) conduct a study to determine the blood alcohol concentration level at or above which an individual is deemed to be driving while under the influence; and (2) issue and publish proposed and final regulations to implement this Act.
United States · United States Congress · 25 May 1988
Establishes a trust fund using civil penalties collected under the Occupational Safety and Health Act of 1970 to compensate victims of the collapse of the L'Ambiance Plaza in Bridgeport, Connecticut.
United States · United States Congress · 25 May 1988
Social Security Work Incentives Act of 1988 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to reduce monthly disability benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Limits the total amount by which an individual's OASDI disability benefits may be reduced if such individual is also eligible for benefits provided under title XVI (Supplemental Security Income) (SSI) of the Act to individuals who perform substantial gainful activity despite severe medical impairment. Prohibits deductions from disability-based child insurance benefits for the recovery of prior overpayments resulting from a failure to reduce such benefits on the basis of earnings. Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients. Continues an individual's entitlement to disability benefits while such individual is under disabled and working status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity, but would otherwise continue to satisfy eligibility requirements. Sets a four-year limit on the Medicare hospital insurance eligibility (under part A of title XVIII of the Act) of individuals who owe their eligibility to their disabled and working status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit. Amends title XIX (Medicaid) of the Act to cover Medicare cost-sharing amounts for individuals of disabled and working status who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 300 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 300 percent of the Federal poverty level. Extends to all recipients of disability-based child's insurance benefits the rule permitting continued entitlement to Medicaid benefits of individuals who would remain eligible for SSI benefits but for their receipt of such child's insurance benefits.
United States · United States Congress · 24 May 1988
Amends the Internal Revenue Code to extend the low-income housing credit through 1990. (Under current law the credit is due to expire on December 31, 1989.)
United States · United States Congress · 19 May 1988
Declares it to be the policy of the United States that employers should give reasonable advance notice to employees affected by major employment reductions. Directs the Secretary of Labor (the Secretary) to encourage: (1) employers to comply with such policy, both directly and by communications with trade associations and other employer organizations; and (2) employer organizations to develop codes of ethics or other mechanisms to publicize and promote such policy among their members. Directs the Secretary to: (1) collect data on the extent to which businesses give or do not give advance notice of major employment reductions, as well as on the circumstances surrounding such reductions; and (2) compile such data and, on request, make it available to the Congress. Authorizes the Secretary to: (1) investigate flagrant instances in which such reductions occur without advance notice; and (2) publicize the facts and circumstances surrounding such instances. Directs the Secretary to make recommendations to deter such occurrences. Requires each government contractor who is required to file a written affirmative action compliance program (pursuant to regulations issued under a specified Executive Order) to specify as an appendix to such program the minimum period of advance notice, and any exceptions thereto, that the contractor will give of major employment reductions. Provides that the substance of such appendix shall not be subject to review or approval by the Secretary or the contracting agency. Provides that nothing in this Act shall be considered to require any advance notice that would interfere with an employer's ability to raise financing necessary to prevent major employment reductions or otherwise impede the continuance of operations.
United States · United States Congress · 19 May 1988
Retirement Equity Act of 1988 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits. Amends the Internal Revenue Code to repeal the taxation of social security benefits and tier I railroad retirement benefits. Prohibits the imposition of social security taxes on the wages or self-employment income of individuals aged 70 and over.
United States · United States Congress · 18 May 1988
Missing Service Personnel Act of 1988 - Requires the responsible uniformed service commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 30 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Allows the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of time suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary of the uniformed service in which a missing person serves to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 17 May 1988
Expresses the sense of the Congress that the Department of Justice should proceed with the apprehension and prosecution of General Noriega of Panama and that pending charges should not be dismissed.
United States · United States Congress · 12 May 1988
Declares that the Congress recognizes the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan between December 8 and December 23, 1941.
United States · United States Congress · 11 May 1988
Amends the Immigration and Nationality Act to relieve labor recruiters and referrers from the requirements of the (alien) employment verification system.
United States · United States Congress · 5 May 1988
Family Educational Opportunity Act of 1988 - Amends the Higher Education Act of 1965 to remove from the computation of expected family contribution in the determination of need for assistance under the title IV (Student Assistance) Pell Grant program and other title IV student assistance programs the following assets: (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.
![Official portrait of Rep. Rowland, John G. [R-CT-5]](https://www.congress.gov/img/member/r000482_200.jpg)