United States · United States Congress · 12 July 1988
Condemns Iran and Iraq for using tactics contravening international humanitarian law and other laws of armed conflict. Condemns Iran for defiance of United Nations Security Council Resolution 598 and other efforts aimed at achieving a negotiated settlement of the war with Iraq. Holds Iran responsible for loss of life and property since the Resolution. Calls for support of U.S. and U.N. officials in their efforts to secure implementation of the terms of the Resolution.
United States · United States Congress · 12 July 1988
States that the U.S. Government should make no reparations to Iran or persons in Iran on account of the Iranian airline disaster of July 3, 1988, until all nine American hostages being held in Beirut, Lebanon, are freed.
United States · United States Congress · 7 July 1988
Makes the legal defense of discretionary function provided under specified Federal law and the legal doctrine of foreseeability of damages inapplicable to any legal or administrative proceeding for damages arising out of U.S. violation of occupational safety or health standards or U.S. negligence at any workplace owned or operated by or under contract with the United States. Prohibits the foreseeability doctrine from being used to limit the amount or kind of damages otherwise available to the plaintiff. Establishes a National Registry of Government Litigants, within the U.S. Claims Court, to collect and maintain data regarding claims against the United States predicated (in whole or in part) upon U.S. violation of safety and health standards. Allows any person seeking damages from the United States on the basis (in whole or part) of harm resulting from U.S. violation of safety and health standards to file a notice of such fact with the U.S. Claims Court, within 30 days after commencement of such action (whether administrative or judicial in character). Directs the chief judge of the U.S. Claims Court to report annually to the Congress on the number of, and relevant facts and common characteristics underlying, such notices filed within the Registry.
United States · United States Congress · 7 July 1988
Merchant Mariner Memorial Act of 1988 - Authorizes the Secretary of Transportation to convey the right, title, and interest of the United States in vessels in the National Defense Reserve Fleet to nonprofit organizations for use in funding merchant marine memorials, provided the vessels have no usefulness to the Government and are scheduled to be scrapped and the organizations agree to sell the vessels for scrap, divide the proceeds, and use them for the memorial. Requires organizations to have raised a minimum amount from non-Federal sources before enactment of this Act in order to participate in the sale. Limits an organization to one grant under this Act. Terminates this Act two years after enactment.
United States · United States Congress · 7 July 1988
Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1990, Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays in Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
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
Finds that recent events in Panama indicate a political environment in which the Government of Panama is becoming increasingly unstable and more hostile toward the United States. Expresses the sense of the Congress that the President should submit an unclassified report to the Congress addressing: (1) the stability of the Panamanian Government; (2) the likelihood of compliance by the Panamanian Government with the Neutrality Treaty and the Statement of Understanding guaranteeing transit of vessels, including U.S. war vessels, through the Panama Canal; (3) U.S. options regarding the transfer of the Canal; and (4) U.S. options, following transfer of the Canal to Panama, if the Canal is being used for illicit drug trafficking.
United States · United States Congress · 28 June 1988
Amends the Export Administration Act of 1979 to prohibit any U.S. corporation or State from launching a satellite from a launch vehicle owned by a controlled country or by China.
United States · United States Congress · 28 June 1988
In-Flight Emergency Medical Assistance Act - Exempts from liability for damages, except in cases of gross negligence, any physician who, in good faith, provides emergency medical care to a person: (1) aboard an aircraft for a regularly scheduled commercial flight; or (2) being transported from the aircraft to a medical facility for treatment.
United States · United States Congress · 28 June 1988
Long-Term Care Incentives Act of 1988 - Amends the Internal Revenue Code to permit a tax deduction of: (1) $10,000 to any taxpayer who maintains a household in which a chronically ill Medicare-eligible family member resides; and (2) 50 percent of premiums paid for qualified long-term care insurance covering at least 12 months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital.
United States · United States Congress · 23 June 1988
Title I: Municipal Incinerator Emissions - Amends the Clean Air Act to direct the Environmental Protection Agency (EPA) to promulgate performance standards to control emissions of particulate matter, sulfur dioxide, oxides of nitrogen, carbon monoxide, lead, cadmium, dioxins, dibenzofurans, hydrogen chloride, and mercury from municipal waste incineration units. Requires that such standards reflect the greatest degree of emission limitation achievable through application of the best available control technologies and practices. Deems specified practices and control technologies to be available. Requires that such standards be promulgated within one year of this Act's enactment, take effect within 18 months of enactment, and be reviewed and, if necessary, revised within three years of promulgation and every five years thereafter. Sets forth emission control standards which will be applicable should the EPA fail to promulgate standards. Requires the EPA to promulgate a timetable, within one year of this Act's enactment, for existing municipal waste incineration units to comply with emission control standards, taking into account the remaining useful life of the unit and the threat the unit poses to human health and the environment. Sets forth the maximum number of years which such timetable may allow for the compliance, providing more time as a unit's additional pollution control equipment costs represent a larger proportion of its capital costs. Requires owners or operators of municipal waste incineration units to monitor emissions at the point such emissions move into ambient air and at such other points as necessary to protect human health and the environment and to report the results of such monitoring. Sets monitoring standards, including ones for continuous and periodic monitoring. Sets a 20-year limit on unit permits. Provides for the termination of such a permit if: (1) the unit is not in compliance with permit terms and conditions; (2) compliance with additional conditions is necessary to protect human health and the environment, or will impose minimal costs on the unit owner or operator and reduce air emissions below levels specified in the permit; or (3) enforceable contracts for the treatment or disposal of the unit's ash for the succeeding five years do not exist. Requires that a permit be reviewed at least once every five years. Authorizes concurrent State enforcement of unit emission standards, provided such enforcement is equivalent to Federal enforcement under this Act. Requires that civil penalties imposed against municipalities pursuant to this Act be applied in support of public programs and activities that enhance the protection of the health and environment of their residents. Directs the EPA to establish a model State program, within 18 months of this Act's enactment, for the training and certification of municipal waste incinerator personnel. Requires that incinerator personnel be certified pursuant to a State or EPA training and certification program which is consistent with such program. Subjects any person engaged in the manufacture or sale of municipal waste incineration units or components who misrepresents the performance characteristics of incinerator technology or equipment to a civil monetary penalty plus costs and damages caused by such misrepresentation. Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day. (Currently, only incinerators charging more than 250 tons per day are included.) Title II: Solid Waste Disposal Act Amendment - Amends the Solid Waste Disposal Act to direct the EPA to promulgate regulations, within one year of this Act's enactment, for the safe management of municipal incinerator ash. Requires that landfills into which such ashes are disposed be monofills with groundwater monitoring, two synthetic liners, an additional lower liner, a leachate collection system above all liners, and a leak detection system between the two synthetic liners. Authorizes the disposal of ash in a landfill other than a monofill if requirements more stringent than those imposed on monofills apply. Authorizes the EPA to waive the applicability of this Act's landfill design requirements to solid waste management units receiving incinerator ash if an alternative design will provide at least as effective protection of human health and the environment as such requirements. Prohibits a State from issuing a permit to any new or modified municipal waste incineration unit after 18 months after this Act's enactment unless the State prepares a solid waste management plan which provides cost-effective maximization of resource conservation and the protection of human health and the environment through solid waste reduction, source separation or control, recycling, and other measures. Prohibits the issuance of a permit to a unit unless an ash management plan demonstrating compliance with this Act's requirements has been submitted for the ash from such unit. Requires that before a new or modified unit begins operations it have sufficient capacity to treat or dispose of its ash for the succeeding five years. Directs the EPA, in developing regulations for the management of municipal incinerator ash, to issue criteria and testing procedures for identifying the characteristics of such ash which may pose a hazard to human health or the environment. Authorizes the EPA to require the owner or operator of a municipal incinerator or any facility involved in ash management to test the ash in accordance with such criteria and testing procedures. Requires that any ash which is identified as posing a hazard to human health or the environment be: (1) disposed of pursuant to this Act's requirements; or (2) treated, in accordance with regulations to be promulgated by the EPA, so as to remove the hazards associated with such ash, including the migration of hazardous constituents. Subjects facilities receiving municipal incinerator ash to a permit or other prior approval program and conditions in accordance with a State's solid waste management program. Provides public notice and the opportunity or an informal public hearing prior to the issuance of a permit to an ash management facility. Authorizes the EPA to issue a corrective action order or commence a civil action against the offending facility when there has been a release of a hazardous ash constituent. Directs the EPA to publish guidelines, within one year of this Act's enactment, identifying items or materials that should be removed from municipal waste prior to incineration in order to reduce air emissions.
United States · United States Congress · 16 June 1988
Comprehensive Anti-Drugs Act of 1988 - Title I: Demand Reduction and User Accountability - Subtitle A: User Accountability Act of 1988 - Makes any individual who is convicted of two or more drug or narcotic offenses, or any offense consisting of the distribution of a controlled substance, ineligible for Federal benefits for a specified period. Authorizes the Attorney General to assess a civil penalty on any person who violates the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act. Directs that the proceeds from any penalty be allocated equally to drug education, treatment, and State and local narcotics assistance as the Attorney General shall prescribe. Limits the amount of such penalty. Directs the Attorney General to study the feasibility of prosecuting Federal drug-related offenses in a manner alternative or supplemental to the current criminal justice system and to report the results of such study to the Congress. Provides for the withholding of Federal highway funds to States which do not have in effect and enforce a law which revokes or suspends for a period of not less than: (1) six months the driver's license of a person who is convicted after the date of the enactment of this Act of a violation of the CSA, or for any drug or narcotic offense chargeable under the law of such State or any other State; and (2) one year the driver's license of a person who, in a five-year period, is convicted of more than one of certain offenses. Provides for the apportionment of withheld funds after compliance and for the use of such funds for other projects in the event of noncompliance. Subtitle B: Drug-Free Schools and Businesses Act of 1988 - Requires, as a condition of receiving any Federal contract or assistance, that the recipient maintain a drug-free workplace or activity. Requires the Federal agency administering such contract or assistance to make the recipient aware of such requirement. Requires the agency to terminate the contract or assistance and not to enter into any further contract or assistance with the recipient until such recipient demonstrates effective compliance if the agency, after an opportunity for an agency hearing on the record, determines that a recipient has not complied with such requirement. Specifies that a good faith effort to maintain a drug-free workplace or activity is sufficient to satisfy the requirement. Subtitle C: Drug Testing in the Federal Criminal Justice System - Requires the Attorney General to provide for the mandatory drug testing and retesting of all arrestees for Federal drug-related offenses. Makes it a mandatory condition of release that the individual refrain from the illegal use of any controlled substance. Makes it a mandatory condition of parole that: (1) the parolee submit to regular drug tests administered under the authority of the person supervising the parolee; and (2) the parolee refrain from the use of any controlled substance without a prescription. Makes the latter requirement a mandatory condition of probation. Provides for the random testing of probationers by each probation officer. Subtitle D: Increased and Expanded Treatment of Drug Abuse - Amends the Public Health Service Act (PHSA) to provide for the reduction of the waiting period for drug abuse treatment. Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for the purpose of expanding the capacity of grantees to carry out drug abuse treatment programs. Prohibits the Secretary from making a grant to an applicant unless such applicant: (1) is experienced in the delivery of drug abuse treatment services; (2) is, on the date the application is submitted, carrying out a program for the delivery of such services; (3) as a result of the number of requests for admission into the program, is unable to admit any individual any earlier than one month after the date on which the individual makes a request for such admission; and (4) provides satisfactory assurances to the Secretary that, after funding is no longer available under this Act, the applicant will have access to financial resources sufficient to continue the program. Sets forth further conditions on the making of grants under this Act. Requires independent evaluations of federally-funded drug treatment programs and research into methods of such treatment. Requires the Secretary, in carrying out such evaluations, to: (1) assess the comparative effectiveness and costs of the various methods of treatment utilized for specific patient groups; (2) clarify research and treatment objectives and methodologies; and (3) determine whether entities carrying out such programs have organizational biases with respect to such treatment and the extent to which they are contributing to progress in the development of effective methods of treatment. Directs the Secretary to complete the required evaluation and submit a report of the findings to the Congress within one year. Requires the Director of the Office for Substance Abuse Prevention of the Public Health Service to make grants and enter into contracts to establish: (1) support groups for parents and families of individuals who abuse drugs; and (2) counseling and referral services for such parents and families. Authorizes appropriations. Authorizes appropriations for prevention, treatment, and rehabilitation model projects for high risk groups. Authorizes appropriations for a preventive health services block grant. Authorizes appropriations for emergency substance abuse treatment and preventive rehabilitation. Provides for increased State grants for demonstration projects for the provision to expectant mothers of outpatient residential treatment services. Amends the Rehabilitation Act of 1973 to exclude from the definition of the term "individual with handicaps" any individual who uses, or is addicted to, illegal drugs, with exceptions. Subtitle E: Drug Education Amendments - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations and require that local applications for grants under such Act describe: (1) the extent and nature of the current illegal drug and alcohol problem in each school of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor the effectiveness of its program. Requires an applicant to submit to the State educational agency a progress report on the first two fiscal years of its plan in order to receive the third year's funding. Prohibits such agency from awarding funds for the third year unless it determines that such report shows reasonable progress toward accomplishing the objectives of its plan and of this Act. Requires each State to submit an annual report containing specified information on State or local programs. Restricts the amount of funds allocated for use by a State for the administrative costs of the chief executive officer of such State. Allows a small number of individuals who are not high risk youth to participate in programs for high risk youth if their participation does not significantly diminish the amount or quality of services provided. Subtitle F: Drug-Free Public Housing Act of 1988 - Drug-Free Public Housing Act of 1988 - Directs the Secretary of the Department of Housing and Urban Development (HUD) to establish a clearinghouse to collect information regarding drug abuse in public housing projects in order to respond to public inquiries for assistance and provide referrals. Directs the Secretary to establish a regional program for the training of public housing officials to educate them to the widespread abuse of controlled substances in the communities in which they work. Requires that such program be conducted within 12 months after enactment of this Act by a national training unit established by the Secretary. Title II: Drug Law Enforcement - Subtitle A: Death Penalty for Drug Kingpins - Drug Kingpin Act of 1988 - Amends the CSA to subject to the death penalty any individual who intentionally engages in conduct during the course of a continuing criminal enterprise that results in the death of another individual and who is the principal organizer of the enterprise, if the violation involves a specified quantity of a controlled substance. Sets forth procedural safeguards, such as the right of the accused to reasonable notice that the Government will seek the death penalty. Requires the Government to set forth the aggravating factors which it will seek to prove as the basis for such sentence. Authorizes the court to permit the Government attorney to amend such notice upon a showing of good cause. Provides for a separate sentencing hearing to determine punishment in cases where the Government has filed such a notice and the defendant is found or pleads guilty to an offense which might subject him to the death penalty. Permits information to be presented at the sentencing hearing as to any matter relevant to the sentence or to mitigating or aggravating factors, regardless of its admissibility as evidence at criminal trials, unless its probative value is substantially outweighed by the danger of prejudice, confusion of the issues, or misleading the jury. Grants the Government and the defendant the opportunity to present and rebut information. Specifies the order and burden of proof. Establishes guidelines for the jury or court to follow in considering the information and returning its findings. Directs the court to sentence the defendant to death upon a finding that such a sentence is justified. Specifies mitigating and aggravating factors to be considered. Directs the judge to instruct the jury that it shall not consider the defendant's race, color, national origin, creed, or sex in reaching its decision. Authorizes the court to impose a sentence of life imprisonment without the possibility of parole. Sets forth procedures and standards of review for appeals of the death sentence. Subtitle B: Exclusionary Rule Reform - Amends the Federal criminal code to permit otherwise admissible evidence obtained as a result of a search or seizure to be admitted into evidence if such search or seizure was undertaken in an objective, reasonable, good faith belief that it was in conformity with the Fourth Amendment to the Constitution. Specifies that a showing that evidence was obtained pursuant to, and within the scope of, a warrant constitutes prima facie evidence of such good faith belief, unless obtained through intentional and material misrepresentation. Subtitle C: Authorization of Appropriations for Prisons and Prosecutors - Authorizes appropriations for FY 1989 and 1990 of such sums (and for such purposes) as are specified in the respective budgets transmitted by the President to the Congress for the Federal prison system and U.S. attorneys. Authorizes the Bureau of Prisons to lease prison facilities subject to approval in advance in appropriations Acts. Authorizes the Attorney General to issue debt instruments for purchase by the Secretary of the Treasury to finance the acquisition or construction of a facility to be used for penal or correctional purposes by the Bureau. Subtitle D: Elimination of Diversity Jurisdiction - Eliminates district court jurisdiction based on diversity of citizenship. Subtitle E: State and Local Narcotics Control Assistance - Amends the Omnibus Crime Control and Safe Streets Act to expand the purposes of the grant program to include: (1) introducing innovations in penalties for possession of a controlled substance, such as revocation or suspension of drivers' licenses, ineligibility for State grants, increased criminal and civil fines, and cost recovery of governmental expenses incurred in rehabilitation programs; (2) reducing delays in time between arrest, prosecution, adjudication, and detention of persons accused of violating State or local drug laws, including the development of an alternative or supplemental judicial system for drug-related offenses; and (3) increasing participation in multi-jurisdictional task forces for enforcing drug laws. Prohibits the use of any such grant to provide counsel to assist defendants accused of violations of the CSA or of State or local laws that establish offenses similar to those established in the CSA. Restricts expenditures of drug law enforcement grants to no more than 50% (currently, 75%) of the cost of the identified uses for which such grants are received. Authorizes appropriations. Subtitle F: Drug Enforcement Agency Personnel Support Act of 1988 - Authorizes the Attorney General to use Department of Justice (DOJ) appropriations to pay benefits to Drug Enforcement Agency (DEA) overseas personnel. Directs the Attorney General to report to the Congress within 120 days on the implementation of this subtitle. Subtitle G: Anti-Drug Manufacturing Act of 1988 - Establishes criminal penalties for: (1) polluting U.S. lands while manufacturing, distributing, or dispensing a controlled substance; and (2) creating a substantial risk of harm to human life while possessing or manufacturing a controlled substance. Subtitle H: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the CSA to establish recordkeeping and reporting requirements for the distribution, receipt, sale, 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) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and 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. Subtitle I: Law Enforcement Officer Protection Act of 1988 - Provides a mandatory penalty (ten years imprisonment, to run concurrently with any other term, and/or a fine) for using a firearm in committing assaults on Federal officers. Establishes penalties for the possession of firearms or dangerous weapons in a Federal courthouse. Permits the court to consider pretrial detention for certain firearms and explosives offenses. Extends the possession of explosives offense to certain airports and increases penalties for possessing explosives in such airports and in Federal buildings. Increases penalties for using an explosive in the commission of a Federal felony. Makes it unlawful for any person to transfer a firearm to any business that does not maintain a place of business in the State in which the transferor resides. Deletes the requirement that stolen firearms and ammunition be in interstate commerce to be a Federal offense. Makes trafficking in firearms without serial numbers unlawful. Authorizes the Attorney General to: (1) make payments from DOJ appropriations for expenses necessary for hosting the General Assembly of INTERPOL's annual meeting and for the periodic sponsorship of INTERPOL conferences relating to international crime; and (2) solicit, accept, and make gifts in connection with certain INTERPOL activities, with specified restrictions. Requires the Attorney General to: (1) promulgate rules for such soliciting, accepting, and giving gifts to avoid creating a conflict of interest; and (2) report annually to the Congress regarding all such gifts. Authorizes electronic communications providers to disclose specified information to a governmental entity under certain circumstances. Subtitle J: Anti-Public Corruption Act of 1988 - Anti-Public Corruption Act of 1988 - Establishes the offense of public corruption and sets penalties for individuals who endeavor by scheme or artifice to deprive the inhabitants of a a State (or political subdivision thereof): (1) of the honest services of a State official or employee; or (2) of a fair and impartial election through fraud. Specifies that, in the case of a conviction under this subtitle for which the motive was to facilitate or further a violation of the CSA or CSIEA, if the maximum imprisonment otherwise provided is less than 20 years, such maximum imprisonment shall be 20 years. Adds public corruption as a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO) and as a basis for authorizing a wiretap. Subtitle K: Increased Penalties - Amends the CSA to provide increased penalties for crack violations. Amends the CSA and CSIEA to provide civil penalties for certain violations involving heroin or cocaine. Subtitle L: Amendments to the Money Laundering Control Act - Amends the Money Laundering Control Act to: (1) include electronic fund transfers in the definition of "monetary instruments"; and (2) encompass property that has been represented to be the proceeds of unlawful activity. Subtitle M: National Forest System Drug Control - Amends the National Forest System Drug Control Act to grant certain powers to special agents and law enforcement officers within and outside the boundaries of the National Forest System if in hot pursuit. Directs the U.S. Forest Service to: (1) oversee investigations and enforcement activities and prepare national and regional strategy plans in coordination with the 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 CSA as such activity relates to the manufacture, distribution, or dispensing of marijuana or other controlled substances within the National Forest System. Subtitle N: United States Postal Service Authority Expansion - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant: (1) the U.S. Postal Service authority to subject to forfeiture specified drugs and drug-related contraband articles; and (2) certain Postal Service officers and employees authority to perform enforcement functions performed by DEA officers or employees. Subtitle O: United States Marshals Service Act of 1988 - United States Marshals Service Act of 1988 - Establishes the United States Marshals Service as a bureau within the Department of Justice. Directs the President to appoint a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia. Sets forth procedures for filling vacancies in the office of a U.S. marshal. Specifies the powers and duties of the Service. Allows the Attorney General to exempt the procurement of contract services under the Department of Justice Assets Forfeiture Fund from certain procurement guidelines if necessary to maintain the security and confidentiality of related criminal investigations. Prescribes a schedule of fees that the Service may collect. Authorizes the Attorney General to use funds appropriated to the Service for the support of U.S. prisoners in non-Federal institutions. Subtitle P: Assimilative Crimes Act Amendments of 1988 - Amends the Federal criminal code to provide that the criminal penalty for operating a motor vehicle under the influence of a drug or alcohol in a special maritime or territorial jurisdiction of the United States shall be the punishment provided under the law of that State, territory, possession, or district. States that whoever operates a motor vehicle in such a jurisdiction consents to certain tests if arrested for driving under the influence of a drug or alcohol. States that any person refusing to submit to such tests shall be denied the privilege of operating a motor vehicle for one year. Subtitle Q: National Guard Drug Law Enforcement Assistance Act of 1988 - Provides that the consent of a Governor may not be withheld with regard to the provision of National Guard assistance to civilian law enforcement officials. Subtitle R: Drug Law Enforcement in Public Housing Projects - Authorizes the Secretary of HUD to establish a demonstration project providing grants to public housing agencies to permit such agencies to prevent drug-related crimes in public housing projects through: (1) the establishment and operation of public housing security and protective services for such projects; or (2) the reimbursement of local law enforcement agencies for additional security and protective services for such projects. Subtitle S: Study of Improvements to Monetary Rewards - Directs the Attorney General to study and report to the Congress concerning: (1) ways to increase cooperation and assistance for drug law enforcement from informants eligible for rewards from the Asset Forfeiture Fund; and (2) the feasibility of establishing a bounty system for alternative rewards. Subtitle T: Deportation of Aliens Amendment - Allows a court, on motion of the Government, to exempt from deportation provisions of the Immigration and Nationality Act an alien who has provided substantial assistance in the investigation or prosecution of a person who has committed a drug offense under the CSA. Subtitle U: Steroid Control Act - Amends the CSA to include methandrosterolone as a Schedule I substance (a drug or substance with a high potential for abuse, which has no currently accepted medical use in treatment in the United States, and which lacks any accepted safety use under medical supervision). Subtitle V: Task Force on Clandestine Drug Laboratories - Joint Federal Task Force on Clandestine Drug Laboratories Establishment Act of 1988 - Establishes the Joint Federal Task Force on Clandestine Drug Laboratories. Directs the Task Force to formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by clandestine drug laboratories. Provides for periodic reports by the Task Force to the President and to each House of the Congress. Subtitle W: Additional Penalties for Operation of a Locomotive or Common Carrier While Under the Influence of Alcohol or Drugs - Provides penalties for the operation of a locomotive common carrier while under the influence of alcohol or drugs. Subtitle X: Miscellaneous Technical Amendments - Sets a mandatory minimum penalty for trafficking in a specified quantity of methamphetamine. Prohibits and establishes penalties for conducting a financial transaction involving the proceeds of specified unlawful activity with the intent to violate the Internal Revenue Code. Title III: International Drug Control - Subtitle A: Multinational Anti-Drug Strike Force - Directs the President to develop a plan to establish a multinational strike force to combat illicit narcotics production and trafficking in the Americas and in Asia. Encourages the President to enter into negotiations with other nations to implement such strike forces. Requires the President to submit to the Congress a report describing such plan and detailing actions taken to implement such strike forces. Subtitle B: Amendments to the Foreign Assistance Act - Amends the Foreign Assistance Act of 1961 (FAA) to provide for exemptions from the prohibition on using international narcotics control assistance to procure weapons or train foreign police forces if the President determines that such assistance or training is necessary to combat illicit drug production or trafficking. Subtitle C: Sense of Congress on the Convening of a Summit of Western Hemisphere Nations Concerning Drug Abuse - Urges the President to convene a meeting of the heads of government of countries in the Western Hemisphere in which illicit drug production, transit, or use is a problem to reach agreement on enhancing international cooperation and information sharing. Subtitle D: Sense of Congress on Suppression of International Narcotics Trafficking - Expresses the sense of the Congress that the suppression of international narcotics trafficking is the most important national security objective within the Western Hemisphere. Subtitle E: Authorization of Appropriations for Assisting Law Enforcement Authorities in Certain Foreign Countries - Authorizes appropriations for FY 1989 for: (1) education and training of law enforcement authorities in certain foreign countries to enhance drug interdiction and eradication efforts; and (2) military assistance for such efforts, especially with respect to rapid deployment capabilities. Subtitle F: Extradition and Mutual Legal Assistance Treaties - Directs the Secretary of State to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Subtitle G: Export-Import Bank Financing for Defense Against Narco-Terrorists - Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with a credit sale of defense articles or services to a major illicit drug producing or drug-transit country if the President certifies to the Congress that such country needs such articles or services in combatting illicit drug production or trafficking. Subtitle H: Increased Intelligence Capabilities - Amends the National Security Act of 1947 to provide that a special activity directed at illicit international drug trafficking shall be deemed to be important to national security for purposes of requirements for presidential approval. Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the use of information concerning illicit drug trafficking obtained by electronic surveillance conducted for foreign intelligence purposes to combat such trafficking. Subtitle I: Mexico-United States Intergovernmental Commission - Amends the International Narcotics Control Act of 1986 to provide for the appointment of Members of Congress to and funding, reporting requirements, and the initial meeting of the Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control. Title IV: Interdiction Improvement - Subtitle A: Use of Armed Forces for Interdiction of Narcotics at United States Borders - Requires the President to use the U.S. armed forces to locate, pursue, and seize aircraft and vessels carrying narcotics, deploy radar and pursuit aircraft, and use the National Guard and Reserves to halt the unlawful penetration of U.S. borders within 45 days after the enactment of this Act. Directs the President to: (1) report to the Congress on the impact and costs of this Act and recommendations for changes in existing law; and (2) submit to the Congress a request for the amount of funds spent and the amount needed to continue the program through FY 1988 and 1989. Provides for a separate budget request, beginning with FY 1990, for funds for the drug interdiction program. Subtitle B: Department of Transportation Study of Establishing Flight Corridors - Directs the Secretary of Transportation to: (1) study the feasibility of establishing flight corridors across the sourthern borders of the United States, including the policy of interdicting aircraft which deviate from such corridors; and (2) report the results of such study to the Congress within 180 days. Subtitle C: Maritime Drug Law Enforcement and Enhancement Act of 1988 - Maritime Drug Law Enforcement and Enhancement Act of 1988 - Chapter 1: Drug Enforcement Budget Improvement - Requires: (1) the President to submit annual reports on Federal drug enforcement expenditures; and (2) each congressional committee to issue a report, by March 15 of each year, describing estimates of the budget required by each agency for the following fiscal year to effectively implement illegal drug enforcement programs within such committee's jurisdiction. Chapter 2: Coast Guard Drug Interdiction Enhancement - Expands the Coast Guard's maritime air surveillance and interdiction authority. Authorizes the Secretary of the department in which the Coast Guard is operating (currently, the Coast Guard) to make inquiries, examinations, inspections, searches, and seizures of aircraft subject to U.S. jurisdiction or law (current law applies only to vessels), order such aircraft to a landing area, and take any other lawful action. Amends the Tariff Act of 1930, as amended, to make moneys from the Customs Forfeiture Fund available to the Coast Guard. Authorizes the commanding officer of a Coast Guard vessel or aircraft, or of a surface naval vessel on which a Coast Guard member is assigned, to fire upon a vessel which does not stop upon being ordered to do so or on being chased. Provides for indemnification of: (1) all persons acting under such commanding officer from any penalties or actions for damages for firing upon such vessel; and (2) Coast Guard members and employees against any claim or judgment which arises out of an act committed within the scope of their official duties in carrying out drug enforcement activities. Authorizes appropriations for the Coast Guard. Directs the Secretary of Transportation to submit to the Congress a draft of legislation relating to special restrictions and inspections for vessels arriving from drug producing countries. Amends the CSA to prohibit the forfeiture of specified vessels under such Act unless it appears that the owner was a consenting party to a violation of such Act. Chapter 3: Great Lakes Drug Interdiction - Directs the Secretary of Transportation and the Commissioner of Customs to enter into an agreement to increase the effectiveness of maritime drug interdiction activities in the Great Lakes area. Provides for increased use of long-range surveillance aircraft in such area. Directs the Secretary of State to enter into negotiations with the Government of Canada to establish an agreement for increased cooperation and information sharing with respect to illegal drug interdiction efforts along the U.S.-Canadian border. Chapter 4: Vessel Identification - Defines "United States vessel" and "documented vessel." Requires the identification of the individual designated as the agent of the owner of the vessel on the certificate of documentation for such vessel. Directs the Secretary of Transportation to establish and maintain a central depository of information relating to the ownership of U.S. vessels. Chapter 5: Reorganization to Coordinate Maritime Law Enforcement Programs - Federal Maritime Administration Act - Establishes the Federal Maritime Administration (FMA) with the Department of Transportation, consisting of the Coast Guard and the National Maritime Service and headed by the Under Secretary for Maritime Affairs and Readiness. Specifies the duties of the Under Secretary. Provides for an Office of Drug Interdiction Coordination within the FMA. Renames the existing Maritime Administration. Transfers certain maritime functions of the National Ocean Service and National Weather Service. Redesignates the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration as the Commissioned Officer Corps of FMA. Provides for incidental transfers, terminations, and miscellaneous provisions. Establishes the Merchant Marine Reserve within the Coast Guard Reserve. Directs the Secretary of Transportation to: (1) issue final regulations to implement this chapter within one year; and (2) make recommendations to the Congress regarding the consolidation of budget authority. Subtitle D: Prohibition on Reissuance of Airman Certificates - Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman certificate to any person whose certificate has been revoked.
United States · United States Congress · 16 June 1988
International Narcotics Control Act of 1988 - Title I: Latin American Regional Anti-Narcotics Force - Expresses the sense of the Congress concerning the need for a Latin American regional anti-narcotics force. Instructs the President to direct the U.S. representative to the Organization of American States (OAS) to consult with other member nations on the feasibility of establishing a Latin American regional anti-narcotics force and developing a comprehensive regional strategy for dealing with narcotics production and trafficking. Directs the President to call for a meeting of heads of state of member nations, if there is a positive response within OAS, to conclude an agreement for: (1) the establishment of such a force, with appropriate member contributions of personnel, training, equipment, and financial resources; and (2) the development of such a strategy. Requires the President to direct the Secretary of Defense to provide appropriate assistance for the force. Authorizes appropriations. Requires the President to notify specified congressional committees not less than 15 days before obligating funds authorized under this title. Expresses the sense of the Congress that the Assistant Secretary of State for International Narcotics Matters (Assistant Secretary) should: (1) seek the establishment of a regional anti-narcotics training center in the Caribbean; and (2) contribute funds or other resources and seek contributions from other countries to such a center. Urges the President to seek the establishment of other regional anti-narcotics forces. Title II: Foreign Assistance Programs - Subtitle A: Authorizations and Earmarkings of Assistance - Amends the Foreign Assistance Act of 1961 (FAA) to authorize FY 1989 appropriations for narcotics international control assistance to other countries and to international organizations. Sets a minimum expenditure level for the testing and use of safe, effective herbicides for aerial eradication of coca. Makes available a portion of FY 1989 grant military assistance funds to arm, for defensive purposes, extant aircraft used in narcotic control eradication or interdiction efforts. Applies the standard 15 days' notice requirement to specified congressional committees in connection with this reprogramming. Earmarks amounts from funds for international military education and training to be used solely for: (1) education and training involving equipment used in narcotics interdiction and eradication efforts in Latin America and the Caribbean; and (2) the expenses of deploying Department of Defense mobile training teams in a requesting country to conduct training in military-related skills to improve its tactical operations in narcotics interdiction. Limits this assistance to foreign law enforcement agencies or other units organized expressly for narcotics enforcement and to countries that meet criteria set out in this title. Waives provisions that would prohibit the use of grant military assistance funds to procure weapons or ammunition for foreign law enforcement entities when they are organized specifically for narcotics enforcement in countries meeting the criteria of this title. Directs the President to report to the Congress within 15 days before funds are obligated for this type of assistance. Describes required report contents. Provides for human rights reporting with respect to countries authorized to receive assistance. Earmarks an amount to be available solely for assistance for countries in Latin America or the Caribbean. Directs the President to reallocate funds withheld from countries failing to take adequate steps to halt illicit drug production or trafficking for use by countries that have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking. Prescribes conditions to govern transfers among international narcotics control assistance funds and reprogramming of security assistance resulting from these reallocations. Authorizes supplemental FY 1989 appropriations for activities to increase awareness of the effects of illicit narcotic production and trafficking on source and transit countries. Subtitle B: Provisions Relating to Specific Countries - Urges the Assistant Secretary for International Narcotics Matters to pay greater attention, and provide more narcotics control assistance, to those countries that are drug-transit countries (but not major ones) cooperating with U.S. international narcotics control efforts. Earmarks a minimum FY 1989 amount to be available for their assistance. Permits security assistance to Bolivia for FY 1989 only if the President certifies to the Congress that the Government of Bolivia has enacted specified types of legislation to eradicate illicit coca production. Sets nonwaivable conditions that the Government of Bolivia must meet before the President may make the certification necessary to obligate and expend FY 1989 U.S. assistance funds suspended because of major illicit drug activities (certification). Requires that project agreement documents for projects in Bolivia contain a clause calling for suspension of FY 1989 development assistance if the Government of Bolivia fails to keep project areas free of illicit coca cultivation. Deletes a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 that earmarked funds for narcotics interdiction and control programs for Bolivia. Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Peru, to give foremost consideration to whether the Government of Peru made substantial progress in meeting its coca eradication targets during the previous year. Describes conditions that must be met before FY 1989 funds may be made available for the Agency for International Development's project in the Upper Huallaga Valley of Peru. Limits FY 1989 international narcotics control assistance made available for Mexico. Withholds a portion of these funds until the President reports to the Congress the Mexican Government's compliance with conditions relating to the murder and torture of Drug Enforcement Administration (DEA) agents. Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Mexico, to consider the Mexican Government's response to U.S. proposals to establish and implement a joint U.S.-Mexico airborne apprehension capability and air surveillance operations. Encourages the Government of Mexico, upon ratification of the Mutual Legal Assistance Treaty with the United States, to furnish banking information pursuant to the treaty that would permit the successful U.S. investigation and prosecution of major narco-terrorists who use Mexican financial institutions to launder their profits. Includes Colombia among the countries authorized to have more than six members of the U.S. armed forces assigned to carry out international security assistance programs. Authorizes supplemental FY 1989 appropriations to be used exclusively for defense articles to the Colombian armed forces to support their anti-narcotics efforts. Earmarks amounts to assist Colombia in providing protection against narco-terrorist attacks on judges, other government officials, and members of the press. Requires congressional notification at least 15 days before funds may be obligated. Directs the President, in making determinations with respect to the certification necessary for assistance to Pakistan, to take into account the extent to which the Government of Pakistan is increasing specified anti-narcotics activities. Directs the President to review and report to the Congress by December 31, 1988, on U.S. narcotics raw material policy, determining what options are available to reduce U.S. reliance on licit opium gum from foreign sources. Directs the President to make a certification for FY 1989 with respect to India only if he determines that the Government of India has taken certain actions to curb illicit opium cultivation and production. Requires the President, if certification is made, to include a detailed report on what steps were taken and an estimate of the amount of licit opium still being diverted to the illicit market. Expresses the sense of the Congress that: (1) the U.S. Government should pursue efforts to press the Government of Afghanistan, and work with the Mujahadeen, to reduce heroin production and trafficking in areas under their respective control and to encourage eradication, interdiction, and crop substitution in Afghanistan; and (2) an initiative should be developed which could be put in place as the Mujahadeen and successors to the present Kabul regime begin to exert greater civil authority. Directs the President to: (1) prepare and transmit to the Congress quarterly reports containing determinations with respect to any involvement by the Government of Laos (and other governments in the region) in illicit drug production and trafficking. Describes required report contents, depending on the determinations reached. Prohibits U.S. assistance to Laos and directs the U.S. representative to any multilateral development bank to vote to oppose any loan or other use of funds for the benefit of Laos, if the Government or any senior official of Laos is involved in illicit drug production or trafficking, unless the President certifies to the Congress that overriding vital national interests require the assistance and it would improve the prospects for cooperation with Laos in halting the flow of illegal drugs. Subtitle C: Annual Report and Certification Process - Requires the President's annual report to the Congress pursuant to the FAA to: (1) express in numerical terms the maximum reductions in illicit drug production achievable during the next fiscal year; and (2) describe the U.S. assistance for the preceding fiscal year that was denied to each major illicit drug producing country and each major drug-transit country. Requires certification to include the determination that a government has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, corruption by government officials. Establishes a timetable according to which the Secretary of State must establish numerical standards and other guidelines for determining which countries will be considered as major drug-transit countries for FAA purposes. Requires reports to appropriate congressional committees in connection with these standards and their modifications. Revises the FAA definition of "bilateral narcotics agreement" for purposes of certifications made on or after March 1, 1989. Amends related FAA provisions to permit multilateral agreements as an alternative to bilateral ones. Waives restrictions on FY 1989 U.S. assistance to any major drug-transit country if the President certifies to the Congress that: (1) significant drug-related money laundering is not occurring there with government knowledge or complicity; (2) the country previously was a major illicit drug producing country but has effectively eliminated illicit drug production during each of the preceding two years; and (3) the country is cooperating fully with the United States or has taken adequate steps on its own in satisfying specified anti-narcotics goals. Revises procedures governing congressional review of presidential certifications associated with suspensions of U.S. assistance. Repeals certain amendments to the FAA definition of "United States assistance." Directs the President to report to the Congress annually, rather than biannually, listing each major illicit drug producing country and major drug-transit country. Includes this report in the required midyear report on international narcotics control activities and operations. Subtitle D: Miscellaneous Provisions - Applies the standard reprogramming procedures of the FAA to any transfer by the U.S. Government to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the Government in connection with narcotics-related activity. Requires annual reports to the Congress regarding such transfers. Expresses the sense of the Congress that suppression of international narcotics trafficking is among the most important U.S. foreign policy objectives. Directs the President to take all reasonable steps to ensure that assistance under the FAA and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe: (1) has been convicted of a violation of, or a conspiracy to violate, any U.S. or foreign law relating to narcotics, psychotropic drugs, or other controlled substances; or (2) is or has been an illicit trafficker in any such substance. Requires the President to issue regulations, subject to congressional review, specifying steps to be taken in carrying out this provision. Exempts from certain competitive procurement requirements the procurement of property or services for international narcotics control assistance on a case-by-case basis, with the Secretary's approval. Prohibits use of such exemption for procurement including more than 30 percent of funds available each fiscal year for such assistance. Prohibits the use of narcotics control assistance funds to acquire real property for use by foreign military, paramilitary, or law enforcement forces. Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with the sale of defense articles or services if the Secretary determines that the sale is to a democratic government for anti-narcotics purposes. Corrects technical errors in the FAA and in the Anti-Drug Abuse Act of 1986. Title III: Department of State Activities - Makes the Secretary of State responsible for coordinating all Government assistance to support international efforts to combat illicit narcotics production or trafficking. Requires the Secretary to submit annual reports to the appropriate congressional committees. Describes required report contents. Allows reports to be classified to the extent necessary. Amends the State Department Basic Authorities Act of 1956 to authorize appropriations, without fiscal year limitation, for use in paying rewards for information leading to the arrest or conviction of individuals for certain extraterritorial narcotics-related offenses. Directs the Secretary to revoke the passport and other travel documents of any individual convicted of any violation of a Federal or State law involving controlled substances if the offense is a felony (or of the Bank Secrecy Act or the Money Laundering Act if the Secretary determines that the violation is related to illicit production of or trafficking in a controlled substance) and if, in committing the offense, the individual used a passport or other travel document or otherwise crossed an international border. Allows the Secretary to take such action if the offense involved is a misdemeanor. Sets a ten-year (or, in the case of a misdemeanor, a five-year) period of ineligibility for a passport or other travel document from the date of conviction. Makes an exception for an individual's first conviction for a misdemeanor which involves only possession of a controlled substance. Permits exceptions in emergency circumstances or for humanitarian reasons. Empowers the President, by regulation, to prescribe procedures for indicating an individual's drug law violations on passports, other travel documents, and identification papers used during immigration and customs inspections. Authorizes appropriations for FY 1989 through 1991 for expenses of the Department of State in developing and implementing a machine readable visa system. Directs the Secretary to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Requires the Secretary and the Attorney General to jointly develop a model extradition treaty with respect to narcotics-related violations, a model mutual legal assistance treaty, and model comprehensive anti-narcotics legislation. Directs the Secretary to distribute these materials to each U.S. mission abroad and to report to the Congress within six months after enactment of this Act. Expresses the sense of the Congress that Regional Security Officers and other security personnel at U.S. embassies and other civilian posts abroad should be directed to expand their investigative activities with respect to illicit drug use and trafficking by Government personnel and their dependents. Urges the Secretary to permit the assignment of additional DEA agents to U.S. diplomatic missions in foreign countries where illicit narcotics production or trafficking is, or is likely to become, a significant problem. Title IV: Annual Certification Procedures With Respect To Multilateral Development Financing, Trade, and Aviation - Establishes a certification procedure with respect to multilateral development bank (MDB) financing for major illicit drug producing and major drug-transit countries which is separate from the certification procedure applicable to bilateral assistance under the FAA. Directs the Secretary of the Treasury, on March 1 of each year, to instruct the U.S. executive directors of the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, and the Asian Development Bank to vote against any loan or other utilization of funds to or for any major illicit drug producing or major drug-transit country, unless the President has certified to the Congress that: (1) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States or a multilateral agreement to prevent the illegal transportation, production, use, or sale of controlled substances and drug-related government corruption and money laundering in that country; or (2) the vital national interests of the United States require MDB financing for such country. Requires that the President include in any latter certification: (1) a full and complete description of the vital national interests placed at risk should MDB financing not be provided to such country; and (2) a statement weighing such risk against the risks posed to vital national interests by the failure of such country to combat narcotics. Lists factors to be considered by the President in determining whether such former certification shall be made, including whether actions of the country's government have resulted in maximum reductions in illicit drug production determined to be achievable under the FAA. Provides for congressional disapproval by joint resolution of the President's certifications. Directs the Secretary of State: (1) to establish numerical standards and other guidelines for use each year in determining which countries will be considered to be major drug-transit countries; (2) by September 1 each year, to notify the appropriate congressional committees of the standards to be used; and (3) by October 1 each year, to notify the appropriate committees of the countries likely to be determined to be major drug-transit countries and the countries likely to be determined to be major illicit drug producing countries. Makes conforming amendments to remove certification for MDB financing from the FAA. Amends provisions of the Trade Act of 1974 regarding tariff treatment of products of, and other sanctions against, uncooperative major drug producing or drug transit countries to: (1) change the congressional review period within which the Congress may enact a joint resolution of disapproval of the President's certification from 30 days to 45 days; and (2) revise the criteria for cooperation to include satisfying the goals in agreement with the United States or a multilateral agreement to combat narcotics. Makes such amendments applicable with respect to any such certification made by the President on or after March 1, 1989. Provides that a country which in the previous year was designated as a major drug producing or a major drug-transit country may not be determined to be cooperating fully under such Act unless it has in place a bilateral agreement or a multilateral agreement to combat narcotics. Provides for a waiver of otherwise applicable sanctions if the President certifies to the Congress that vital national interests require that sanctions not be applied. Directs the Secretary of State to establish numerical standards and other guidelines for determining which countries shall be considered to be major drug-transit countries under such Act.
United States · United States Congress · 16 June 1988
Amends the Internal Revenue Code to make permanent the income tax deduction allowed for 25 percent of the health insurance costs of self-employed persons.
United States · United States Congress · 16 June 1988
Designates the Labor Day Weekend beginning on September 3, 1988, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 15 June 1988
Amends the Higher Education Act of 1965 to prevent double-counting of income in the conduct of needs analysis for student assistance programs under such Act.
United States · United States Congress · 14 June 1988
Amends the Export Administration Act of 1979 to prohibit: (1) any U.S. corporation or State from entering into a commercial venture involving the use of a Soviet space station; and (2) any U.S. satellite from being launched from a launch vehicle owned by a controlled country.
United States · United States Congress · 14 June 1988
Expresses the grave concern of the Congress regarding the apparent discriminatory treatment of Federal Express by the Government of Japan. Urges Japan to honor its obligations under the 1985 Memorandum of Understanding and allow Federal Express to compete in the U.S.-Japan market with maximum flexibility.
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 · 13 June 1988
Fatal Drug Crimes Act of 1988 - Amends the Controlled Substances Act to provide that in the case of a violation involving any controlled substance in schedule I or II, other than marijuana, if death results from the use of such substance, such person shall be subject to the death penalty or life imprisonment. Sets forth procedures for the imposition of the death penalty. Prohibits sentencing to death any person under 18 years of age at the time of the offense. Sets forth mitigating factors to be considered by the jury or the court in determining whether a sentence of death is justified. Includes as aggravating factors to be considered: (1) previous convictions for Controlled Substances Act violations; and (2) the creation of a grave risk to persons other than the victim. 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. 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 where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Requires the court to instruct the jury not to consider the race, color, national origin, or sex of the defendant in its consideration of the sentence. Requires each juror to return a signed certificate stating that race, color, national origin, creed, or sex of the defendant was not involved in such juror's decision. Directs the court: (1) upon a finding that the death sentence is justified, to sentence the defendant to death; and (2) upon a finding that no required aggravating factor exists or that such sentence is not justified, to impose a sentence of life imprisonment. 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. Requires the court to provide a written explanation of its determination. Requires a death sentence to be implemented in the manner prescribed by the State in which the sentence is imposed or, if such State's laws do not provide for a death sentence, as prescribed by another State as designated by the court. Prohibits the death sentence from being carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed or upon a woman while she is pregnant.
United States · United States Congress · 10 June 1988
College Savings Bond Act of 1988 - Authorizes the Secretary of the Treasury to issue college savings bonds in the interest of encouraging long-term savings for postsecondary education. Amends the Internal Revenue Code to exclude from the gross income of an individual any interest on college savings bonds to the extent these proceeds are used to pay the qualified educational expenses (tuition, fees, books, supplies, reasonable living expenses) of the taxpayer, spouse, child, or dependent at an institution of higher education, including a postsecondary vocational school. Decreases the permissible exclusion for taxpayers having adjusted gross income above $60,000, allowing no exclusion if income exceeds $80,000.
United States · United States Congress · 10 June 1988
Expresses the sense of the House of Representatives that the President should: (1) continue to pursue multilateral initiatives aimed at removing all foreign troops and military advisors from Angola; and (2) assist the achievement of national reconciliation and independence in Namibia by urging all parties expected to take part in elections to meet and approve a Constitution which embodies a Bill of Rights and guarantees democratic principles in a multiparty system.
United States · United States Congress · 8 June 1988
Choices in Child Care Act of 1988 - Title I: Tax Credit for Families with Young Children - Amends the Internal Revenue Code to allow an individual a refundable income tax credit for each dependent under age six who resides in the household. Sets a maximum credit of $400 per qualified dependent child. Reduces the credit for taxpayers whose adjusted gross income exceeds $20,000. Disallows the credit with respect to a dependent claimed under the dependent care income tax credit. Directs the Secretary of the Treasury to prescribe tables to be used to determine the credit amount. Provides for advance credit payments by employers to employees who provide certification of eligibility. Requires taxpayers to file information returns to reflect such payments. Revises the dependent care credit to: (1) disqualify children six years old or older from credit determinations (current law permits the credit with respect to dependents up to age 15); and (2) disallow the credit to taxpayers whose adjusted gross income exceeds $30,000. Permits businesses a ten percent investment tax credit in connection with certain depreciable property used as part of a child care facility operated by the employer on or near the work site for the care of enrollees, at least 30 percent of whom must be dependents of the employer's employees. Provides for recapture of the credit amount if the facility ceases to be a qualified child care property. Limits to $200,000 the annual qualified investment subject to the credit. Sets reduced self-employment tax rates in connection with income earned from child care services in either a family-based (at the home of the taxpayer) or in-home (at the home of the recipient child) child care facility. Amends the Social Security Act to reflect this provision. Excludes income earned from child care services from wage withholding requirements and from the surtax imposed for failure to pay estimated income tax. Title II: Supplemental Child Care Assistance for Low-Income Working Parents - Authorizes the Secretary of Health and Human Services to make grants to the States to provide certificates to eligible individuals for child care services. Sets out eligibility criteria, including a requirement that a State submit a plan detailing its program for child care services for low-income children under 14 to enable family members to work or to participate in employment training programs. Prescribes the process for review of applications, reimbursement procedures, and reporting requirements in connection with the program. Authorizes appropriations. Title III: Block Grants to States for Activities Relating to Dependent Care Services - Amends the State Dependent Care Development Grants Act to increase the FY 1989 amount authorized for grants to States for dependent care services and to authorize FY 1990 through 1993 appropriations. Restructures the block grants program for dependent care services, enumerating a wide range of permissible uses for allotments paid to States under the program. Includes such activities as loans to establish child care services to school-age children before or after school, training programs for child care providers, scholarships to low-income individuals for child care training, activities designed to make liability insurance more available and affordable for care providers, and projects to meet the care needs of special populations. Decreases the permissible Federal share of the cost of projects under the program. Revises reporting requirements in connection with the program to require State reporting. Applies nondiscrimination provisions to the program, but permits the refusal of a fund recipient to provide services to a child on the basis of handicap under limited circumstances when other care is reasonably available. Title IV: Miscellaneous - Directs the Secretary of Labor to study and report to specified congressional committees concerning barriers to employer provision of child care services for their employees. Repeals the Child Development Associate Scholarship Assistance Act of 1985 (a grant program providing scholarships to low-income candidates for the Child Development Associate credential).
United States · United States Congress · 8 June 1988
Extends best wishes to President Jose Napoleon Duarte of El Salvador. Expresses support for the Government and people of El Salvador and hope that President Duarte will accomplish his ambition of turning the presidency over to an elected successor.
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 · 3 June 1988
Directs the President to issue a proclamation each year calling on all churches, synagogues, schools, community centers, and other public buildings in the United States to toll their bells for one minute beginning at 11:00 a.m. on Memorial Day in remembrance of the men and women who died defending our Nation and freedom.
United States · United States Congress · 2 June 1988
Urges the Government of Iran to uphold the human rights of all its nationals, including members of the Baha'i faith, and to restore fully the rights guaranteed by the Universal Declaration of Human Rights. Calls upon the President to: (1) monitor and report on developments affecting the Baha'i minority in Iran and in other countries; (2) cooperate with other governments in continuing to make appeals to Iran concerning the situation of the Baha'is; (3) initiate and support efforts in the United Nations and its agencies on behalf of the Baha'is; and (4) provide, and urge others to provide, for refugee and humanitarian assistance for those Baha'is fleeing their homelands to escape religious repression.
United States · United States Congress · 1 June 1988
Korean Veterans National Medal Act - Requires the Secretary of the Treasury to design, coin, and sell a medal in honor of the members of the armed forces of the United States who served in the Korean conflict. Requires the Secretary to offer such medals for public sale at a price sufficient to cover their cost.
United States · United States Congress · 1 June 1988
Commends the President for his efforts on behalf of human rights while at the Moscow summit. Urges the Soviet Government to comply with its commitments to respect internationally recognized human rights. Reaffirms the commitment of the American people and the Congress to continue to press the Soviet Union for compliance with international agreements on human rights.
United States · United States Congress · 25 May 1988
Plant-Opening and Jobs Creation Act of 1988 - Title I: General Tax Incentives - Amends the Internal Revenue Code to reduce the tax rate on capital gains realized by corporations from: (1) 34 percent to 15 percent in the case of the alternative tax; and (2) 20 percent to 15 percent in the case of the minimum tax. Restores the permitted exclusion from the gross income of an employee of up to $5,250 of educational assistance provided under an employer's educational assistance program. (Under current law the exclusion expired as of January 1, 1988.) Eliminates the increase in both employer and employee tax rates under the Federal Insurance Contributions Act (social security taxes) scheduled to go into effect in 1990 and thereafter. Reduces the unemployment tax rate from 6.2 percent to 6.0 percent as of 1989. (Under current law the reduction becomes effective in 1991). Title II: Enterprise Zones - Enterprise Zone Development and Employment Act of 1988 - Subtitle A: Designation of Enterprise Zones - Provides for the designation of enterprise zones by the Secretary of Housing and Urban Development (Secretary) for purposes of providing tax and regulatory relief and improving local services. Specifies that States and local governments shall nominate areas for designation. Limits to 100 the total number of areas that may be designated as enterprise zones. Limits the period during which: (1) the Secretary has authority to designate zones; and (2) the designations may remain in effect. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to residents of the area. Describes areas to which the Secretary must give preference in selecting nominated areas for designation as enterprise zones. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Subtitle B: Federal Income Tax Incentives - Part I: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the amount of such credit at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Part II: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property located in enterprise zones. Limits the credit to ten percent for new enterprise zone construction property, including rental property. Requires that the property subject to such credit be located in an enterprise zone, be predominantly used in the zone, and be either constructed, reconstructed, renovated, etc. during the period of zone designation or acquired during that period. Requires the recapture of such credit upon the early disposition of the property. Part III: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of property if, within one year after such sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within such a zone). Part IV: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on the original issue of such stock by a qualified issuer. Requires that the gain from the disposition of the stock be treated as ordinary income. Includes recapture provisions. Part V: Rules Relating to Private Activity Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Modifies certain small issue volume limitations with respect to enterprise zone facilities. Part VI: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone businesses that become worthless during the taxable year. Part VII: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Part VIII: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Part IX: Regulations - Directs the Secretary of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after the date of enactment. Subtitle C: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and to consolidate all periodic reports required under such programs into one summary report. Subtitle D: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within enterprise zones. Title III: Trade Provisions - Subtitle A: Expanded Trade Negotiating Authority - Directs the President to begin negotiations with Mexico, the Caribbean Basin countries, and Canada to establish a North American free trade area. Requires any agreement reached through such negotiations to be reciprocal and to provide mutual reductions in trade barriers. Authorizes the President to enter into bilateral and multilateral trade agreements with foreign countries to establish expanded trade areas. Requires any agreement to ensure a mutual and reciprocal reduction of tariff and nontariff trade barriers. Authorizes the President to enter into trade agreements with any developing country for the purpose of establishing expanded trade areas and ultimately promoting a reciprocal reduction in trade barriers. Requires such agreements to provide for a gradual (within five years) reduction or elimination of tariff and nontariff trade barriers by the developing country. Authorizes the President to enter into such an agreement only if specified determinations are made. Requires termination or suspension of the agreement if the developing country fails to carry out its obligations under the agreement. Authorizes the President to enter into any multilateral trade agreement resulting from the Uruguay round of trade negotiations conducted under the General Agreement on Tariffs and Trade. Authorizes the President to exclude from any agreements negotiated under this title any article if such exclusion is necessary to achieve an agreement for an expanded trade area. Sets forth the requirements for implementation of trade agreements entered into under this title, including congressional oversight provisions. Subtitle B: Elimination of Unfair Trade Practices and Barriers to Trade - Requires the President, upon the determination that a foreign country consistently engages in unfair trade practices identified in a specified report, to: (1) suspend or terminate any negotiations with such country under Subtitle A if insufficient progress is being made in obtaining an agreement to expand trade; (2) initiate negotiations with any other country whose exports compete with the exports of such country in order to establish an expanded trade area with the other country; or (3) expedite any existing negotiations under Subtitle A with any other country whose exports compete with the exports of such country in order to establish an expanded trade area with the other country. Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to conduct an annual study concerning enumerated issues relating to both domestic and foreign trade barriers and their effect on U.S. commerce. Subtitle C: Anti-Protectionism and Trade Promotion - Requires the Director of the Congressional Budget Office to prepare for each bill or joint resolution reported by any congressional committee that may affect international trade an estimate of its costs and effects with respect to U.S. consumers. Requires these estimates to be submitted to the appropriate committees and to be included in their reports. Declares that it shall not be in order for either House of the Congress to consider any bill or joint resolution if the committee report does not contain such estimate. Requires the Secretary of the Treasury to submit annually to the USTR, a list, by country, of current loan disbursements and any loan applications that are likely to be brought before loan review committees of multilateral development banks during the calendar year. Requires the USTR to identify the foreign countries on that list that take actions or maintain policies that restrict the sale of U.S. products in their markets or provide an unfair economic advantage for their products over U.S. products. Requires the Secretary and the USTR jointly to develop recommendations of trade liberalization actions for these countries. Directs the Secretary to instruct the U.S. executive director of each multilateral development bank and of the International Monetary Fund to: (1) oppose loans to any country on the list that refuses to accept the trade liberalization recommendations; and (2) oppose any "drawing" of any approved loan by such a country if it has failed to carry out the trade liberalization recommendations developed as a condition of the loan. Subtitle D: Provisions Relating to Intellectual Property, Etc. - Part I: Countries that Deny Adequate and Effective Protection - Amends the Trade Act of 1974 to require the USTR to publish annually: (1) a list identifying foreign countries that deny adequate and effective protection of intellectual property rights or deny fair market access to U.S. persons who rely upon intellectual property protection; and (2) a list of the identified countries that the USTR determines to be countries that have the most onerous policies or practices in this regard and that are not entering into good faith negotiations or making significant progress to provide intellectual property protection. Provides for deletions and additions to the listing and for publication in the Federal Register of the identified countries. Part II: Protection under Tariff Act - Amends the Tariff Act of 1930 to include as unfair methods of competition and unfair import practices, but only in connection with products of already-established U.S. industries, the importation or sale of: (1) articles whose form or manufacturing process infringes a valid U.S. patent or trademark; or (2) a semiconductor chip product that infringes a U.S. registered mask work. Permits persons aggrieved by unfair import trade practices to petition the International Trade Commission to issue an order to exclude the article in question from entry into the United States during investigation. Increases civil monetary penalties for violations of Commission cease-and-desist orders. Provides for injunctions and for a general exclusion of an article from entry in cases when an alleged violator fails to answer a complaint or respond to an investigation. Permits the Commission, subject to notice and hearing requirements, to order the forfeiture of articles that violate proper import trade practices.
United States · United States Congress · 25 May 1988
Amends the Temporary Emergency Food Assistance Act of 1983 to authorize FY 1989 and 1990 appropriations for the temporary emergency food assistance program. Extends program authority through FY 1990.
United States · United States Congress · 24 May 1988
Burial Benefits Amendments Act of 1988 - Amends Federal law relating to burial allowances for veterans to authorize plot allowances only to veterans who are either eligible for a burial allowance or who were discharged from active duty due to a service-connected disability. (Currently, a veteran of any war, whether or not disabled, is eligible for such plot allowance.) Authorizes the Administrator of Veterans Affairs to reimburse a veteran for the cost of a prepurchased headstone (in lieu of furnishing such a headstone at burial). Extends through FY 1993 the authorization of appropriations for the making of grants to States for the establishment, expansion, and improvement of veterans' cemeteries. Removes the maximum per-State grant limitation available for such grants.
United States · United States Congress · 24 May 1988
Veterans Administration Multiyear Contracting Act of 1988 - Authorizes the Administrator of Veterans Affairs, subject to certain restrictions, to enter into a multiyear contract for the acquisition of supplies or services when: (1) appropriations are available and adequate for fixed obligations required for total payments under the full term of the contract or for payment for the first fiscal year plus cancellation costs; and (2) the Administrator determines that such a contract will reduce contract costs or achieve economics in administration, performance, and operation, that during the proposed contract period there will be a continuing or recurring and constant need for supplies or services, that the specifications for the supplies or services are stable and the technical risks are not excessive, and that such a contract will not inhibit small business bids. Specifies that a multiyear contract shall include: (1) a provision that the Veterans Administration's (VA) contract obligation during the second or any subsequent fiscal year is contingent on the appropriation of funds, if appropriations are not available to cover total contract payments; and (2) provision for the payment of a cancellation charge to compensate the contractor for any nonrecurring, unrecovered costs if the contract is canceled. Allows performance under the contract to be canceled if the amount of funds appropriated is insufficient to cover programs of the VA and all multiyear contracts. Provides for the payment of cancellation costs from: (1) appropriated funds which were originally available either for contract performance or for cancellation payments; or (2) current year funds available for contracting, if funds are not available from the original account. Allows amounts appropriated to finance cancellation costs to remain available until expended for outyear cancellation or contract costs.
United States · United States Congress · 24 May 1988
Amends Federal veterans' law relating to construction contracts to repeal the requirement that settlements of claims in excess of $1,000,000 on a construction contract be provided for specifically in an appropriation law, instead requiring that the Administrator of Veterans Affairs promptly notify the Senate and House Appropriations Committees of settlements in excess of such figure.
United States · United States Congress · 24 May 1988
Veterans' Administration Health Care Amendments Act of 1988 - Repeals current Federal veterans' law which: (1) prohibits the Administrator of Veterans Affairs from furnishing treatment and rehabilitation for alcohol or drug dependence or abuse disabilities of veterans after September 30, 1988; and (2) directs the Administrator to monitor the performance of each contract facility performing the above care and services for veterans for quality assurance and cost-effectiveness purposes. Extends through FY 1991 the Veterans Administration's (VA) authority to provide respite care services. Provides that the VA has the authority to pay for emergency medical services for veterans participating in a vocational rehabilitation program when the veteran cannot reasonably obtain medical care through VA or other Government facilities. Extends through FY 1994 the authority of the President to authorize the Administrator to contract with the Veterans Memorial Medical Center (VMMC) in the Republic of the Philippines to provide for payments for care in the VMMC for eligible U.S. veterans. Extends through FY 1994 the authority of the Administrator to make grants of up to $500,000 annually to the VMMC for education and training of health service personnel, and for equipment upgrading and replacement. Increases the per diem rates to be paid to States for the care of veterans in State homes. Deletes the specific listing of professions eligible for the VA Health Professional Scholarship program, instead making eligible for such program any person engaged in a field of training or study in direct health-care services. Defines the period of obligated service for those newly-included participants in the above scholarship program as starting after these participants have obtained the necessary licensure or credentials for VA employment. Prohibits any period of internship, residency, or advanced clinical training as being counted towards the newly-included participant's period of obligated service. Makes applicable to the newly-included occupations in the VA Health Professional Scholarship program the same requirements for the deferral of obligated service as those which apply to occupations specified currently under the program. Authorizes the Administrator to establish a tuition reimbursement program for VA nurses pursuing professional courses leading to a bachelor's or an advanced degree in nursing. Authorizes the Administrator to issue regulations implementing such program. Sets forth the eligibility standards that applicants must meet in order to participate in such program. Provides conditions that a participant must meet in order to be entitled to reimbursement (i.e., remain employed with the VA while in the program, successfully completing the course, and agreeing to the required period of obligated service). Outlines consequences for participants who fail either to complete the courses successfully or to maintain employment with the VA for the required period of obligated service. Empowers the VA to recover any reimbursements paid when the participant breaches the duty to perform the obligated service. Authorizes the Chief Medical Director of the VA to grant waivers of either the VA's right of recovery or the participant's obligation to perform service with the VA when the participant cannot comply due to circumstances beyond the participant's control, or whenever waiver would be in the best interest of the VA. Extends through FY 1992 the program for grants to States for the construction and acquisition of State home facilities for furnishing domiciliary and nursing home care, and for the expansion, remodeling, and alteration of State home facilities used for furnishing hospital, domiciliary, and nursing home care. Extends through FY 1991 the date by which the VA must report to the Congress on its evaluation of the respite care program previously authorized under Federal law.
United States · United States Congress · 24 May 1988
Requires the Administrator of Veterans Affairs to consider the sharing of health-care resources with the Department of Defense as an alternative to a major medical facility project (currently, a project expected to cost over $2,000,000). Revises the definition of a "major medical facility project" requiring congressional approval to increase the required expenditure from $2,000,000 to $3,000,000.
United States · United States Congress · 24 May 1988
Authorizes the appointment of Veterans Administration-trained graduates in certain health-care professions or occupations by the Veterans Administration without regard to civil service hiring procedures.
United States · United States Congress · 24 May 1988
Veterans' Compensation and Benefits Improvement Act of 1988 - Title I: Disability Compensation and Dependency and Indemnity Compensation Rate Increases - Requires annual cost-of-living increases in the rates of veterans' disability compensation and dependency and indemnity compensation, and in the clothing allowance for disabled veterans. Requires the Administrator of Veterans Affairs to publish such new rates in the Federal Register. Authorizes the Administrator to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death. Title II: Enlargement of Clothing-Allowance Coverage and Income Exclusion Amendments - Expands coverage under the clothing-allowance to include veterans who use prescribed medication for a service-connected skin condition where such medication stains or otherwise damages such veteran's clothing. Expands the scope of income which may be excluded for purposes of determinations for: (1) dependency and indemnity compensation to parents; and (2) veterans' pensions. Title III: Miscellaneous Amendments - Extends benefits under the Reinstated Entitlement Program for Survivors to survivors entitled to benefits as a result of the in-service or service-connected death of a veteran. Authorizes the Administrator to request that the Secretary of a uniformed service collect indebtedness owed to the Veterans Administration from an individual's retired or retainer pay where such indebtedness resulted from the overpayment of veterans' disability compensation or pension benefits. Authorizes the Administrator to collect overpayments of military retired pay and retainer pay by offset of any compensation or benefit payable to any veteran. Requires any person who applies for or is in receipt of any veterans' compensation or pension benefits, as a condition precedent to receipt or continued receipt of such benefits, to provide the Administrator upon request with his or her dependent's or beneficiary's social security number. Extends the Veterans Administration's authority to maintain a regional office in the Philippines through September 30, 1992.
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