United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 20 April 1988
Credit Union System Improvement Act of 1988 - Amends the Federal Credit Union Act to require that at least one member of the National Credit Union Administration Board (NCUAB) be an individual who has substantial credit union experience. Requires the Chairman of the NCUAB to assign to a Board member the responsibility to consult with insured State-chartered credit unions in the formulation and implementation of policies and regulations.
United States · United States Congress · 31 March 1988
National Biological Diversity Conservation and Environmental Research Act - States that the conservation of biological diversity is a national priority. Requires Federal actions to be consistent with such goal. Amends the National Environmental Policy Act of 1969 to require that environmental impact statements on proposed Federal actions include any impacts on biological diversity. Directs the President's Council on Environmental Quality to: (1) establish guidelines for consideration of biological diversity in the preparation of environmental impact statements; and (2) identify those biotic communities, species, and populations that appear to be in decline, in imminent danger of loss of viability, or otherwise of special concern. Establishes a National Center for Biological Diversity and Environmental Research (Center) responsible for: (1) coordinating the collection of data pertaining to the national biota and supplementing and disseminating such information; (2) arranging and conducting surveys and supplementary research of the national biota; and (3) enhancing the application of biological data to the conservation of biological diversity. Requires the Center to report annually to the President and the Congress regarding its activities. Establishes an Interagency Working Committee on Biological Diversity responsible for preparing and implementing a coordinated Federal strategy for conservation of biological diversity. Sets forth the required contents of such strategy which must be completed within two years of this Act's enactment. Sets forth reporting requirements. Authorizes each agency represented on the Interagency Committee to provide grants to public agencies, private individuals, and organizations for projects to maintain or restore biological diversity. Requires that such grants be matched on at least an equal basis by the grantee, except when the grantee is a State. Directs each agency, other than the Council on Environmental Quality, represented on the Interagency Committee to: (1) give high priority to research and personnel training directed towards implementation of the Strategy; and (2) assess the adequacy of its environmental research and training programs. Establishes, on a permanent basis, a National Scientific Advisory Committee on Biological Diversity which shall: (1) advise the Interagency Committee in the preparation of the Strategy; (2) assist in the coordination of interaction between the Interagency Committee and the Center; (3) assist in the evaluation of the impacts of proposed Federal activities on biological diversity; (4) review Federal progress toward implementing the Strategy; and (5) serve as a general reference and advisory resource for the Nation in matters relating to conservation of biological diversity. Authorizes appropriations for the activities of the Center and the grant program for FY 1989 through 1991.
United States · United States Congress · 30 March 1988
Federal Law Enforcement Officers Death Penalty Act of 1988 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 30 March 1988
Amends title XVIII (Medicare) of the Social Security Act to cover, on a reasonable charge basis, the services of a clinical psychologist which would otherwise be covered if furnished by a physician or as incident to a physician's service.
United States · United States Congress · 29 March 1988
Provides that restrictions may be applied to information, counseling, or services provided by family planning entities abroad that receive U.S. assistance under the Foreign Assistance Act of 1961 only to the extent that the same restrictions apply to domestic family planning entities receiving funds under the Public Health Service Act.
United States · United States Congress · 29 March 1988
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that primary emphasis of development activities to restore the renewable natural resource base shall be on small-scale, affordable, low-risk local projects featuring close consultation with, and involvement of, local people at all stages of project design and implementation. Requires the President to submit the plan to the Congress by July 1, 1989. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1989, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1989, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
United States · United States Congress · 24 March 1988
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 24 March 1988
Amends the National Housing Act to exempt the single family home mortgage insurance program administered by the Secretary of Housing and Urban Development and the guarantee authority of the Government National Mortgage Association from sequestration or reduction under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 23 March 1988
Marine Research Act of 1988 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize the establishment of Regional Marine Research Centers (Centers) to plan, coordinate, and support research, monitoring, and assessment activities concerned with the quality of the marine environment. Authorizes the Governors of a majority of States in a marine research region to develop and submit for approval to the Marine Research Coordination Board (Board) a combined, interstate proposal for a Center which identifies the research organizations which will participate in the Center and the goals of such Center. Identifies the marine research regions as the Gulf of Maine, Greater New York Bight, Mid-Atlantic Bight, Tropical, Gulf of Mexico, Southern California Bight, North Pacific, Gulf of Alaska and Arctic Seas, Insular Pacific, and Great Lakes Regions. Requires each Center to develop and submit for the Board's approval every three years a marine research plan which: (1) identifies research needs and priorities in the region over the next ten years; (2) inventories all federally-funded projects regarding the marine environment expected to be conducted in the region during the three-year term of the plan; (3) explains the means by which the Center will select and supervise projects to be funded under this Act; (4) describes each project expected to be assisted with appropriations authorized pursuant to this Act; and (5) lists the equipment and supplies used commonly for research projects in the region. Authorizes the Board to make annual administrative, research, and equipment grants to Centers which submit applications for such grants. Sets forth reporting requirements. Requires each Center to support baseline monitoring of fundamental marine environmental conditions and submit periodic reports on the status of marine environmental quality and resources in the region to the Board. Requires that such reports be made available to the public, State Governors, and local, State, and Federal agencies. Authorizes the establishment of the Marine Research Coordination Board at the Federal level to manage and coordinate the efforts of the Centers and report periodically to the Congress on the activities and findings of such Centers. Authorizes appropriations for FY 1989 through 1993.
United States · United States Congress · 22 March 1988
Renewable Energy and Energy Conservation Commercialization and Development Act - Requires the Secretary of Energy to establish specific technical research and development performance goals for Department of Energy programs relating to: (1) photovoltaics; (2) wind; (3) solar thermal; (4) biofuels; (5) solar building and energy systems; (6) ocean energy systems; and (7) geothermal energy. Mandates that such goals be designed to promote significant further commercial applications by 1995. Requires the Secretary to report annually to the Congress with respect to biennial technical performance goal reviews and updates. Requires the Secretary to include in the FY 1990 budget request funding for at least three commercial demonstration projects involving renewable energy technologies. States that 50 percent of such project costs shall be funded by the United States and 50 percent shall be funded by the private sector. Cites circumstances under which the United States may fund up to 66 percent of such project costs. Authorizes appropriations for FY 1989 through 1991 for: (1) specified renewable energy programs; (2) energy conservation research and development programs; and (3) a Federal interagency working group (established under the Energy Policy and Conservation Act to make recommendations regarding the coordination of Federal programs affecting commerce in renewable energy products and related services). Requires that each annual submission of the National Energy Policy Plan be accompanied by a three-year strategic plan for energy technology research, including energy efficiency and renewable energy.
United States · United States Congress · 17 March 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels by a producer or importer for use by the purchaser in a nontaxable use (defined to include, among other uses, any off-highway business use, use as supplies for vessels or aircraft, State or local governmental use, and use by a nonprofit educational organization). Permits the exemption only if both the seller and purchaser have registered with the Secretary of the Treasury. Requires producers, importers, and purchasers taking part in reduced-tax sales to file with the Secretary information returns containing specified data. Requires producers and importers, in addition, to furnish corresponding statements to their purchasers. Establishes penalties for failure to file required returns.
United States · United States Congress · 17 March 1988
Authorizes appropriations for the Maritime Administration for FY 1989 for: (1) payment of operating-differential subsidy obligations; (2) research and development activities; (3) operations and training activities; and (4) national security support capabilities, including for the National Defense Reserve Fleet and the Ready Reserve Force. Authorizes appropriations for the Federal Maritime Commission for FY 1989. Amends the Merchant Marine Act, 1936 to revise Federal provisions relating to the making of student incentive payments to individuals enrolled in State maritime academies. Excludes, until October 1, 1990, certain classes of vessels intended for offshore oil and gas exploration or development or for operation of inland waterways from coverage under Federal ship mortgage insurance provisions of the Merchant Marine Act, 1936.
United States · United States Congress · 17 March 1988
Amends the Tax Reform Act of 1986 to create a special rule for the income tax treatment of amounts received, but not as an annuity, under an annuity, endowment, or life insurance contract in connection with certain State plans permitting employee withdrawals of their contributions.
United States · United States Congress · 16 March 1988
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents, certain veterans, Federal employees' health benefits, and Federal penal and correctional institutions to provide that services related to abortion be made available in the same manner as are other pregnancy-related services under federally funded programs.
United States · United States Congress · 16 March 1988
Requests the President to issue a proclamation commemorating the 50th anniversary of the Javits-Wagner-O'Day Act, which occurs on June 25, 1988. (The Javits-Wagner-O'Day Act, formerly known as the Wagner-O'Day Act, provides employment and ancillary support services to blind and handicapped individuals.)
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
United States · United States Congress · 15 March 1988
Authorizes the Vietnam Women's Memorial Project, Inc., to establish a memorial on Federal land in the District of Columbia or its environs to honor women who served in the armed forces in Vietnam during the Vietnam era. Requires the establishment of such memorial to be in compliance with current Federal standards for commemorative works. Prohibits the United States from paying any expenses for the establishment of such memorial. Expresses the sense of the Congress that it would be appropriate to locate such memorial within the current site of the Vietnam Veterans Memorial in the District of Columbia.
United States · United States Congress · 9 March 1988
Declares that the President should: (1) posthumously award the Presidential Medal of Freedom to Charles E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their efforts to document the Afghan struggle for freedom; and (2) present the award to those individuals' families on March 21, 1988, the start of the new year in Afghanistan.
United States · United States Congress · 2 March 1988
Amends the Depository Institutions Management Interlocks Act to revise the definition of "affiliated" corporation to mean a corporation which is more than 25 percent owned by persons who own more than 25 percent of another corporation. (Present law defines such term as 50 percent ownership.) Revises the definition of "management official" to exclude an advisory or honorary director. Defines the "primary Federal supervisor" for purposes of such Act to mean the agencies authorized to issue rules and regulations under such Act (the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, and the National Credit Union Administration). Authorizes the primary Federal supervisor to grant an exception to the prohibition against the dual service of management officials of depository institutions within a primary metropolitan statistical area. Specifies that such an exception may be made upon a finding that such dual service of a management official would not result in a substantial lessening of competition. Provides an exception to the prohibitions against dual service of management officials of depository institutions within a primary metropolitan statistical area and against dual service of management officials of $1,000,000,000 institutions with an unaffiliated $500,000,000 institution in cases of: (1) a company which has acquired a failed or failing insured institution pursuant to the emergency thrift acquisitions provisions of the National Housing Act; (2) a depository institution or depository holding company which has acquired a closed bank or a bank in danger of closing; and (3) any diversified savings and loan holding company with respect to the service of a director of a nonaffiliated depository institution or depository holding company as a director of the diversified savings and loan holding company if neither appropriate Federal supervisor disapproves.
United States · United States Congress · 2 March 1988
Medicaid Infant Mortality Amendments of 1988 - Title I: Medicaid Coverage of Pregnant Women and Infants - Amends title XIX (Medicaid) of the Social Security Act to require States to cover pregnant women and infants under age one whose family income is below the Federal poverty level. Prohibits States from: (1) imposing a resource eligibility test on pregnant women and infants which is more restrictive than a resource eligibility test imposed under title XVI (Supplemental Security Income) of the the Act; or (2) reducing payment levels under part A (Aid to Families with Dependent Children) of title IV of the Act below the levels in effect on July 1, 1987. Requires that eligible pregnant women continue to receive Medicaid coverage through the month in which the 60th day following the end of pregnancy falls without regard to changes in family income. Title II: Promoting Medicaid Coverage of Pregnant Women and Infants - Reimburses States, at the Federal Medicaid assistance percentage, for outreach services identifying poor pregnant women and infants and assisting them in applying for Medicaid coverage. Requires that States make ambulatory prenatal care available to pregnant women during a presumptive eligibility period. Alters the rules for determining when such period ends. Makes clarification amendments regarding the qualifications of providers of covered ambulatory prenatal care. Title III: Assuring Payment for Necessary Services for Pregnant Women and Infants - Requires States to submit to the Secretary of Health and Human Services, by April 1 each year, information pertaining to the supply of and demands for obstetrical services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Directs States to: (1) establish exceptions to durational limits on Medicaid coverage of medically necessary inpatient hospital services furnished to infants in disproportionate share hospitals; and (2) adjust payments to such hospitals to take into account exceptionally costly and lengthy inpatient hospital services for infants. Title IV: Medicaid Relationship with Special Supplemental Food Program for Women, Infants, and Children (WIC) - Requires States to: (1) coordinate Medicaid services with the special supplemental food program's services for women, infants, and children under the Child Nutrition Act of 1966; and (2) notify Medicaid-eligible pregnant, breastfeeding or postpartum women and children under age five of the special supplemental food program benefits.
United States · United States Congress · 2 March 1988
Makes a supplemental appropriation for FY 1988 to the Coast Guard (Department of Transportation) for operations at certain facilities comparable in nature and extent to the operations carried out during FY 1987. Prohibits amounts made available by this Act from being used in connection with any closing of, or reduction in force with respect to, any Coast Guard facility or installation.
United States · United States Congress · 1 March 1988
Women in Development Act of 1988 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 25 February 1988
Repeals a provision of the Omnibus Budget Reconciliation Act of 1987 which includes employee tips within the wages on which employer social security taxes are based.
United States · United States Congress · 24 February 1988
Child Care Services Improvement Act of 1988 - Title I: Child Care Block Grant - Amends the Public Health Service Act to establish a child care services block grant program. Authorizes appropriations for FY 1989 through 1991 for allotments to States to carry out specified child care services activities. Provides for State allotments on the basis of numbers of children under age 12 and numbers of such children living in households with an income not greater than 200 percent of the poverty level. Provides for additional allotments under specified circumstances. Requires States to use allotment payments to make grants to eligible entities for specified projects. Includes among eligible entities: (1) local government units, including school districts; (2) nonprofit organizations; (3) professional or employee associations; (4) consortia of small businesses; (5) higher education institutions; (6) hospitals or health care facilities; (7) family care providers; (8) parents, to use for employment- or education-related child care expenses; or (9) entities that the State considers able and appropriate to carry out a project under this title. Includes among such projects: (1) child care certificate programs or scholarships to enable low income families to obtain adequate child care; (2) community or neighborhood child care centers, including renovation of public buildings for such purpose; (3) after-school child care programs; (4) grants or loans for start-up costs of employer-sponsored child care programs; (5) training programs for child care providers; (6) temporary care of sick children unable to attend child care programs in which they are enrolled; (7) expansion of existing part-day child care programs into full-day child care programs; (8) child care programs for homeless children; (9) linking of child care programs with programs to assist the elderly; or (10) any project consistent with the purposes of this Act. Sets forth limitations on the use of such funds and waivers of such limitations. Directs the Secretary of Health and Human Services (HHS) to provide technical assistance to States in planning and operating activities under this title. Sets forth provisions for State administration of such funds. Requires States, in order to receive such funds, to certify that they will: (1) coordinate the provision of child care services with other available child care services; (2) agree that such funds will be used to supplement, not supplant, non-Federal funds; (3) establish an advisory council on child care; (4) adopt standards of accreditation or licensing for family-based and group child care providers, and methods of inspection and certification based on such standards; (5) require unaccredited or unlicensed family or home-based child care providers, in order to redeem child care certificates, to register and then to become fully licensed or accredited within two years; and (6) regularly evaluate the impact of its distribution of funds on the quality and availability of child care. Requires annual State reports to the Secretary on the use of such funds, including specified information on child care in the State. Directs the Secretary of HHS to submit to the Congress an annual summary of such reports, with an analysis of particularly innovative and effective programs and an analysis of efforts to regulate unlicensed child care providers. Sets forth grant application requirements for eligible entities. Requires assessment of proportional income-based fees, parental involvement, and the meeting of State quality standards. Requires grantees to fund between ten and 50 percent of the project cost with non-Federal funds. Requires States to give priority to projects that will continue to carry out the purposes of this Act without Federal funds. Requires the State Governor to establish an advisory council on child care. Directs the Secretary of HHS to conduct, and support by grant or contract: (1) research on the effectiveness of early childhood education and quality child care on child growth and development; and (2) demonstration programs to test the effectiveness of innovative child care arrangements and programs. Title II: Child Care Liability - Part A: Child Care Liability Reform - Applies the provisions of this part, with specified exceptions, to any civil action, in any State or Federal court, against any child care provider who is in compliance with the licensing or accreditation requirements of the State in which the provider is located. Makes this part inapplicable to civil actions for intentional torts. Provides that this part shall preempt and supersede Federal or State law only to the extent such law is inconsistent with this part. Sets forth certain defenses, rules, and rights which are not affected by this part. Makes joint and several liability inapplicable to any action subject to this title. Makes an exception for concerted actions. Provides for reduction of awards for damages in cases of collateral sources of compensation. Sets for the standards and procedures for the award of punitive or exemplary damages in civil actions under this part. Provides that nonprofit corporations or local educational agencies are not liable for damages in any civil action (to which this part applies) brought against a separate child care-providing corporation or business organization of which they are the parent or majority owners. Encourages States to establish expedited and simplified procedures under which nonprofit organizations and local educational agencies may inexpensively and quickly incorporate or otherwise organize such entities as separate child care providers. Part B: Child Care Liability Risk Retention Group - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards, and which otherwise satisfies specified criteria for risk retention groups). Sets forth State application requirements. Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or maintain a liability risk retention group for child care providers; and (5) specify how any such liability risk retention group will continue to be financed after FY 1991, including by contributions by the State or by members of such pool. Directs the Secretary of HHS to review and approve State plans and to monitor State compliance with requirements of this part. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1989 to carry out this part and to remain available for assistance to States for FY 1989 through 1991. Directs the Secretary of Commerce to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary of Commerce to allot the remainder to States on the basis of the number of children who have not attained the age of 12. Permits a portion of such allotments to be used for State administrative costs. Sets forth provisions relating to entitlement, method, and State spending of allotment payments. Title III: Revolving Loan Fund - Sets forth requirements for State applications for assistance under this title. Requires State plans to set forth procedures and requirements whereby persons desiring to make capital improvements to their principal residence in order to become a licensed or accredited family-based child care facility may obtain a loan from the State revolving loan fund. Requires such fund to be administered by the State and to provide loans to qualified applicants, pursuant to terms and conditions the State establishes. Limits the amount of any such loan to $1,500. Requires the State plan to provide that the State establish a revolving loan fund with certain procedures. Authorizes appropriations for FY 1989 to carry out this title and to remain available for assistance to States for FY 1989 through 1991. Directs the Secretary of HHS to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary of HHS to allot the remainder to States on the basis of number of children who have not attained the age of 12. Permits a portion of such allotments to be used for State administrative costs. Sets forth State application requirements. Title IV: Amendments to the Internal Revenue Code of 1986 - Child Care Facility Tax Incentive Act of 1988 - Amends the Internal Revenue Code to establish an income tax credit for employers for expenses paid or incurred to acquire, construct, maintain, or operate a qualified child care facility. Requires that such facility be operated by the employer. Requires that at least 30 percent of the facility's enrollees be dependents of employees of such employer. Requires that the facility be located at or near the employer's business premises. Requires that the facility be accredited or licensed under State and local laws. Sets forth special rules for allocation in the case of multiple employers or partnerships and for pass-through in the case of estates and trusts. Limits the amount of such credit. Makes an employer ineligible for such credit if the employer received a child care project grant under the Public Health Service Act during such taxable year. Entitles earnings from the provision of qualified family-based or in-home child care services to a lower rate of self-employment tax. Excludes such earnings from estimated taxes and wage withholding requirements. Requires cafeteria plans to provide a child care option. Provides for an additional double exemption for newborn and newly adopted children where the parent taxpayer (or one of the spouses in the case of a joint return) does not work during the period from the birth or adoption until the child is six months old. Limits such exemption to taxpayers whose adjusted gross income does not exceed 200 percent of the poverty level. Raises the limitation on the amount which may be contributed to individual retirement accounts for homemakers under provisions for income tax deductions. Provides that such deduction may be allowable even if the spouse is an active participant in a pension plan. Title V: Miscellaneous Federal Child Care Provisions - Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented in their businesses family-oriented personnel programs and policies responsive to the child care needs of working parents; or (2) made significant contributions to child care projects in their communities. Sets forth procedures for nomination, selection, and annual presentation of such awards. Directs the Secretary of Health and Human Services to coordinate all activities of the Department of Health and Human Services relating to child care, and coordinate such activities with similar activities of other Federal agencies.
United States · United States Congress · 24 February 1988
Designates March 29, 1988, the birthday of Rabbi Menachem Mendel Schneerson, as Education Day, U.S.A. Calls on heads of state of the world to join the President of the United States in this tribute by signing an international scroll of honor.
United States · United States Congress · 18 February 1988
Establishes the National Park System Review Board to maintain a continuing review of National Park Service programs and of existing and proposed National Park System units. Requires the Board to transmit annually to the President and the Congress: (1) a report containing the results of such review, together with recommendations for the management of the National Park System or any proposed additions to such System; and (2) budget recommendations for the Service and the Board. Establishes a Director of the National Park Service within the Department of the Interior, to be appointed by the President, by and with the advice and consent of the Senate. Sets forth the functions of the Director. Mandates a five-year term of office.
United States · United States Congress · 18 February 1988
Oyster Disease Research Assistance Act - Directs the Chief Scientist of the National Oceanographic and Atmospheric Administration to establish an oyster disease research program, including: (1) identification of certain oyster diseases; (2) identification of priority research categories; (3) support for research in priority categories; and (4) a process for making the results of the research available to interested persons. Permits eligible institutions to apply for research grants. Sets forth the factors the Chief Scientist must consider in deciding whether to award assistance. Establishes the Oyster Research Program Advisory Committee to advise the Chief Scientist regarding matters related to carrying out this Act. Requires representation on the Committee from specified geographic areas. Directs the Chief Scientist to consult with the Department of the Interior, the National Science Foundation, the National Institutes of Health, and the Food and Drug Administration with respect to the identification of priority oyster diseases, the identification of priority research categories, and matters covered by the biennial review required by this Act. Directs the Chief Scientist to undertake a biennial review of the program. Sets forth reporting requirements. Authorizes appropriations for FY 1989 through 1998.
United States · United States Congress · 16 February 1988
Amends the Internal Revenue Code to allow an individual taxpayer a refundable income tax credit, in an amount based on adjusted gross income (minimum credit of $150), for each dependent below the age of compulsory school attendance in the State where the taxpayer resides. Sets the maximum credit amount as the total employee tax withheld from the taxpayer's wages during the year under the Federal Insurance Contributions Act. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 15, unless the child is physically or mentally incapable of self-care.
United States · United States Congress · 9 February 1988
Indian Housing Act of 1988 - Amends the United States Housing Act of 1937 to establish a separate assisted housing program for Indians and Alaska Natives. Directs the Secretary of Housing and Urban Development to carry out a mutual help homeownership opportunity program for Indians and Alaska Natives. Authorizes the Secretary to provide financial assistance to Indian housing authorities (IHA) for such purpose. Requires a participating family to enter into a mutual help and occupancy agreement with the IHA which shall provide for: (1) a family contribution of land, labor, cash, or materials of at least $1,500 (which may be made by the tribe on behalf of the family); (2) monthly payments based either on adjusted income or certain operating expenses; (3) maintenance of the dwelling and utilities; and (4) homeownership opportunities. Directs the Secretary to consider public housing prototype costs in determining maximum IHA contributions. Authorizes the Secretary, to the extent provided in appropriation Acts, to provide advances to related facilities and services. Requires reimbursement agreements to be made with the appropriate entities before advances may be made. Defines "Indian" to mean any person recognized as being an Indian or Alaska Native by an Indian tribe, the Federal Government, or any State.
United States · United States Congress · 9 February 1988
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the Administrator of the Environmental Protection Agency from granting a permit to a municipality to dump sewage sludge into the ocean after 1988, unless it enters into a compliance agreement with the Administrator before 1989 containing a schedule for the full implementation of an alternative sludge disposal system within five years of such agreement. Prohibits continued ocean dumping, unless the Administrator is notified of such dumping and the municipality is in compliance with its schedule for the implementation of an alternative sludge disposal system. Directs the Administrator to make biannual reports to the Congress regarding schedule compliance. Fines municipalities which violate compliance or notification requirements or dump sludge at unauthorized ocean sites. Places such fines in a newly-created Clean Ocean Fund for enforcement, monitoring, and research activities related to ocean dumping.
United States · United States Congress · 3 February 1988
Fixes valuation standards for purposes of mortgage revenue bond purchase price requirements in connection with any ground lease having a remaining term of at least 35 years and a specified ground rent for at least the initial ten years of the term. Requires that pertinent Federal regulations be amended to reflect these standards.
United States · United States Congress · 3 February 1988
Long-Term Health Care Amendments of 1988 - Title I: Medicare Long-term Care Benefits - Amends title XVIII (Medicare) of the Social Security Act to add a new part C entitled "Long-Term Care Benefit Program." (Redesignates the current part C as part D.) Provides coverage for the home health services and nursing care required by individuals who are eligible for part A (Hospital Insurance) benefits. Sets forth the formula for determining the long-term care deductible for a calendar year, increasing the size of such deductible as an individual's income exceeds $10,000. Conditions payment of long-term care providers on: (1) such providers making written requests for payment within three years of furnishing service; and (2) a physician's certification that the beneficiary needs or needed nursing facility care or home health services, and that home health services are or were furnished while the individual is or was under a physician's care. Prohibits physicians who have a significant ownership interest in, or a significant financial or contractual relationship with, a home health agency from performing such a certification of the agency, unless it is a sole community home health agency. Pays providers the lesser of the reasonable cost or the customary charges for part C services. Prohibits part C payments: (1) to Federal providers; and (2) for services for which an individual is entitled to be paid under part A of the Medicare program. Amends the Internal Revenue Code to increase the hospital insurance tax rates and contribution and benefit base and reduce the old age, survivors and disability insurance tax rates for taxable years beginning with 1989. Includes nursing care furnished under the supervision of a registered or licensed professional nurse as well as care provided in a skilled nursing or intermediate care facility within the scope of nursing facility care. Requires the Board of Directors of the Federal Hospital Insurance Trust Fund to provide for a separate accounting of the additional taxes deposited into such fund by reason of this Act and the disbursements from such fund for part C benefits. Makes Medicare the primary payor where part C benefits are also covered under employment-related group health plans. Title II: Incentives for Individuals to Purchase Long-Term Care Insurance - Amends the Internal Revenue Code to allow individuals to deduct certain qualified long-term care insurance premiums they have paid on behalf of eligible beneficiaries. Defines a "qualified long-term care insurance policy" as a policy certified by the Secretary of Health and Human Services and providing coverage for diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services provided in a setting other than a hospital acute care unit. Excludes from gross income any distribution from an individual retirement plan if: (1) the payee has attained age 59 1/2 on or before the date of the distribution; and (2) the distribution is used to pay premiums for any qualified long-term care insurance policy for the payee or a spouse meeting the same 59 1/2 year age requirement. Excludes from the gross income of an individual otherwise taxable amounts derived from the whole or partial surrender, cancellation, or exchange of any life insurance policy if: (1) the individual is age 65 or older on the date of the transaction; and (2) the amounts in question are used to pay premiums for any qualified long-term care insurance policy for the individual or a spouse meeting the same 65-year age requirement. Title III: Incentives for Employers to Provide Group Long-Term Care - Amends the Internal Revenue Code to provide that a trust forming part of a pension plan shall not be treated as a nonqualified trust merely because such plan covers qualified long-term health care of employees or retired employees.
![Official portrait of Rep. Saiki, Patricia [R-HI-1]](https://www.congress.gov/img/member/s000014_200.jpg)