United States · United States Congress · 13 October 1988
Federal Asset Disposition Association Dissolution Act - Amends the National Housing Act to specify that the purpose of the establishment of a new savings and loan association in connection with a liquidation is for such association to operate as an issuer of savings accounts and a lender and investor and not as an institution having the special purpose of managing or disposing of assets acquired from insured institutions in default. Specifies that provisions of the National Housing Act shall not be construed as authorizing the Federal Savings and Loan Insurance Corporation (FSLIC) to organize a new Federal association for the purpose of managing or disposing of any assets: (1) of an insured institution for which the FSLIC has been appointed receiver; or (2) acquired by the FSLIC in order to prevent a default. Authorizes the FSLIC to delegate such liquidation functions to an appropriate regional office. Prohibits the Federal Asset Disposition Association (FADA) from engaging in any new activities after the date of the enactment of this Act. Directs the FSLIC to require FADA to assign all its rights and obligations under any contract to the FSLIC. Requires the FSLIC, within 60 days after the enactment of this Act, to revoke the charter of FADA and assume its assets and liabilities. Prohibits the FSLIC from paying any severance pay to employees of the FADA in excess of specified civil service amounts. Prohibits the FSLIC from taking any action which results in the sale of FADA as a going concern or the reconstitution of the FADA as a private corporation. Specifies that this Act shall not be construed as any recognition or ratification by the Congress of: (1) any authority of the FSLIC to charter FADA; or (2) any authority of FADA to act on behalf of the FSLIC. Requires the FSLIC to prepare and submit to the Congress a report describing: (1) the manner in which the dissolution of FADA was implemented; (2) the results of such dissolution; and (3) FSLIC's actions as the receiver of FADA. Specifies certain information to be included in such report. Requires the FSLIC to take such action as may be necessary to ensure that the FSLIC and all officers and employees of the FSLIC maintain full compliance with the competitive procurement requirements of the Federal Property and Administrative Services Act of 1949. Requires the FSLIC to liquidate the assets of insolvent savings and loan associations in a manner which: (1) minimizes the cost to the FSLIC; (2) maximizes the return which the FSLIC realizes on the assets; and (3) encourages the use of services of persons in the private sector in managing and disposing of such assets to the maximum extent possible. Requires the FSLIC to ensure that no individuals are employed by the FSLIC under personal service contracts except to the extent that such employment: (1) does not exceed 60 days in any one-year period; or (2) is determined to be necessary because of unusual circumstances which do not allow the position involved to be filled by a civil service employee. Provides that the number of asset liquidation personnel employed by the FSLIC shall not be subject to any limitation imposed by any officer of the executive branch who is not an officer of the FSLIC. Imposes a statutory limit on the number of asset liquidation employees that may be employed at any time by the FSLIC. Requires the FSLIC to establish an employment grade structure for asset liquidation employees which is comparable to the grade structure for employees of the Federal Deposit Insurance Corporation (FDIC) who manage or dispose of assets. Requires representatives of specified Government agencies and the private sector to conduct a multiagency study on options for reducing the duplication, overlap, and inconsistency among Federal agencies and instrumentalities and for making better use of private sector resources in managing and disposing of assets. Requires that a report concerning the results of such study be submitted to the Congress within one year after the enactment of this Act.
United States · United States Congress · 6 October 1988
Provides that a named individual is eligible for military retired pay. Directs the Secretary of the Army to pay a specified amount in a lump sum to such individual.
United States · United States Congress · 5 October 1988
Global Warming Prevention Act of 1988 - Establishes as national goals: (1) that the amount of carbon dioxide in the atmosphere be reduced from 1987 levels by at least 20 percent by the year 2005 through a mix of Federal and State energy policies; and (2) the establishment of an International Global Agreement on the Atmosphere by 1992. Requires the Secretary of Energy (the Secretary) and the Administrator of the Environmental Protection Agency to report to the Congress within two years regarding whether a higher level of carbon dioxide emissions reduction is desirable after 2005, together with any necessary policy actions and their costs and benefits. Title I: National Least-Cost Energy Plan - Requires the Secretary to prepare for the President, and transmit to the Congress, a new National Energy Least-Cost Policy Plan in lieu of other authorized national energy plans. Prescribes plan contents. Directs the Secretary to implement such plan immediately following its submission to the Congress. Outlines a program for public involvement in the formulation of the Plan. Directs the Secretary to establish an intervenor funding mechanism based upon certain State models. Grants the Secretary final discretion concerning the commitment of funds. Authorizes appropriations for FY 1990 through 1992. Requires the Secretary to submit a review of all government subsidies for energy-related expenditures to determine if they are consistent with the National Least-Cost Energy Plan. Amends the Department of Energy Organization Act to repeal the National Energy Policy Plan. Title II: Energy Efficiency - Directs the Secretary to grant the highest priority to energy efficiency improvements in: (1) energy-consuming devices; (2) federally owned and leased buildings and equipment; (3) federally assisted housing; and (4) the Federal vehicle fleet. Mandates that the President's budget request for FY 1990 through 1994 include the Secretary's recommendations regarding the increased efficiency of energy-consuming devices. Directs the Secretary to establish an Energy Research Advisory Board Panel on end-use energy technologies. Requires the Panel to submit an annual report to the Energy Research Advisory Board regarding its assessment of promising energy efficiency research and development opportunities and policies. Requires the Secretary to submit to the Congress: (1) a long-term research and development plan that accelerates by five years the current Department of Energy multiyear program goals for energy efficiency; and (2) an estimate of the funding increase needed to achieve such accelerated goals. Authorizes appropriations for FY 1990 through 1992. Directs the National Bureau of Standards to provide financial assistance, in consultation with the Department of Energy, to ten research centers to achieve multiple improvements in energy-intensive industrial and manufacturing processes. Sets forth an operations timetable for such centers. Authorizes appropriations for such centers for FY 1990 through 1992. Directs the Secretary to: (1) establish energy efficiency goals resulting in specified primary energy savings for federally owned or leased buildings, as well as federally assisted housing; and (2) include the use of renewable forms of energy within the energy efficiency options for such buildings. Authorizes appropriations for such program for FY 1990 through 1992. Directs the Secretary to establish a technical assistance program to support utilities and local and State governments in adopting building labeling and information programs. Requires the Secretary to report the results of such programs to the Congress. Authorizes appropriations for such program for FY 1990 through 1993. Mandates that certain institutions which offer federally assisted home mortgage loans integrate funding within such loans for cost-effective energy efficiency improvements based upon a home energy audit and rating scheme. Directs the Secretary to promulgate energy efficiency standards for incandescent and fluorescent lamps and windows. Requires the Secretary to: (1) implement a research, development and demonstration program on technologies to reduce chlorofluorocarbon use; (2) report to the Congress on the projected impact of certain chlorofluorocarbon production restrictions; (3) expand the Department of Energy's existing technology transfer initiative on least-cost electric utility planning; and (4) implement a least-cost gas utility initiative. Requires the Secretary of Transportation to: (1) establish an evaluation program regarding car-pooling arrangements and high-occupancy vehicle lanes; (2) report to the Congress on nonmotorized transportation alternatives, as well as a fuel-savings mass transportation assistance program for State and local governments. Requires such Secretary to report to the Congress on the use of Highway Trust Fund moneys for non-motorized transportation alternatives and for carbon-dioxide emissions reductions. Directs the Federal Energy Regulatory Commission to: (1) take certain prescribed actions to ensure the adoption of least-cost utility planning principles; and (2) detail for the Congress any amendments to the Federal Power Act which are necessary for the Commission to adopt such planning principles. Requires the Secretary of Energy to report to the Congress on the results of a national power survey emphasizing policies and technologies within the electric utility industry which are designed to diminish global warming. Amends the National Energy Conservation Policy Act to repeal the prohibition against the supply or installation by a public utility of a residential energy conservation measure for residential customers. Amends the Federal Power Act to add new definitions regarding "qualifying efficiency." Amends the Public Utility Regulatory Policies Act of 1978 to direct the Federal Energy Regulatory Commission (FERC) to prescribe within one year after the date of enactment of this Act rules encouraging the achievement of qualifying efficiency. Mandates that such rules: (1) require that electric utilities offer to purchase qualifying conservation from qualifying cogeneration or small power production facilities; and (2) provide for the verification of conservation achievement. Prescribes rate guidelines for such electric utilities purchases. Title III: State Energy Conservation Program - Amends the Energy Policy and Conservation Act to mandate that State energy conservation feasibility reports submitted to the Secretary include a reduction of ten percent or more in the total amount of energy consumed in such State in the year 2000 from the projected energy consumption for such State in the year 2000. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Repeals the National Energy Extension Service Act. Authorizes appropriations for energy conservation programs for FY 1990 through 1993. Establishes a State Energy Advisory Board to: (1) review and advise on the programs under this Act; (2) serve as liaison between the States and the Department of Energy on energy efficiency; and (3) report at least annually to the Secretary and the Congress on the status of State energy conservation programs. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Amends the Energy Conservation and Production Act regarding limitations upon Federal weatherization assistance for low income persons to provide that: (1) at least 80 percent of the administrative costs incurred shall be available to subgrantees performing program measures; and (2) subgrantees with small programs shall have adequate administrative funding. Cites conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Authorizes appropriations for FY 1991 through 1992 for a weatherization research and technical assistance program which shall include the monitoring of indoor air quality in low-income homes. Title IV: Vehicle Energy Efficiency Performance Standards Act of 1988 - Amends the Motor Vehicle Information and Cost Savings Act to increase the average fuel economy standards for passenger automobiles and light duty trucks for model year 1992 and thereafter according to prescribed guidelines. Exempts manufacturers of fewer than 10,000 light trucks and emergency vehicles from such prescribed standards. Establishes an incentives schedule for manufacturers of passenger automobiles and light trucks. Authorizes the Secretary of Transportation to assess a tax against any manufacturer who fails to comply with the prescribed average fuel economy standards. Sets forth procedural guidelines for the imposition of such tax. States that the current civil penalty shall not apply to any model year for a passenger automobile or light truck after model year 1989. Prescribes a fleet average fuel economy schedule for all Federal passenger automobiles and light trucks for model years 1992 and thereafter. Amends the Information and Cost Savings Act to require the Administrator of the Environmental Protection Agency to consult with the Secretary of Energy before establishing testing and calculation procedures for measuring automobile fuel economy. Authorizes (currently, directs) the Administrator to require fuel economy tests in conjunction with emissions tests conducted under the Clean Air Act. Directs the Administrator to measure a sampling of production passenger automobiles for each model type and year during the first month of manufacture for sale. Requires the adjustment of average fuel economy standards when necessary. Requires manufacturers to reflect any changes in such standards on automobile labels affixed more than 90 days after such changes are available. Requires that Federal testing and calculation procedures be repeated over a period of years to monitor automobile performance in use to determine the extent of decline in fuel economy. Directs the Administrator to periodically review procedures for testing fuel economy. Directs the Administrator to update the booklet containing fuel economy data at least twice a year. Directs the Secretary of Energy to distribute at least 100 booklets each year to each dealer and additional numbers if requested. Cites conditions under which manufacturers of light vehicles with certain increased fuel economies shall be considered to have offered the Government a specified discounted bid. Directs the Secretary, within two years of enactment of this Act, to submit suggestions to the Congress for additional legislation to carry out its purposes and the purposes of the Motor Vehicle Information and Cost Savings Act. Directs the National Academy of Sciences to report to the Congress on the results of its review of the research and development status of the fuel efficiency and energy consumption reduction of light vehicles, trucks, and passenger vehicles. Directs the Secretary of Energy to make changes in the Department of Energy's transportation research and development program based upon such report. Outlines criteria and procedures for amended vehicle fuel economy standards. Amends the Internal Revenue Code to prescribe a gas guzzler tax schedule applicable to 1989 and later model year automobiles. Sets forth a tax credit schedule for the purchase of certain fuel efficient passenger vehicles. Title V: Solar and Renewable Resources - Requires the Secretary of Energy to report to the Congress regarding a long-term research, development and demonstration program with policy options necessary to achieve a quadrupling of renewable energy production and use by 2015. Requires the Secretary of Energy to work closely with specified Federal departments regarding the Federal Government's biofuels program, and to report to the Congress on the progress being made in the development of solar and renewable resources. Mandates that the President's budget requests for FY 1990 - FY 1993 include the Secretary of Energy's recommendations for civilian research and development budgets necessary to implement such long-term program. Directs the Secretary to establish an Energy Research Advisory Board Panel on Solar and Renewable Resources and Technologies which shall report annually to the Energy Research Advisory Board regarding the status of the solar and renewable resources program. Authorizes appropriations for FY 1990 through FY 1993 for such program. Mandates that the President's budget request for FY 1990 include the Secretary's recommendations for proof-of-concept or near-commercialization demonstration projects in specified categories. Directs the Secretary to: (1) establish and provide financial assistance to a joint research and development venture to develop advanced district cooling technologies applicable in cities with high cooling loads; and (2) appoint members to an Advisory Committee on Advanced District Cooling Technology to assist in the implementation of such joint venture. Authorizes appropriations for such venture. Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas. Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program. Directs the Secretary to appoint members to an Advisory Committee on Energy Conservation and Renewable Energy Technology Exports to assist in the implementation of such program. Authorizes appropriations for FY 1990 through 1992. Directs the Administrator of the Environmental Protection Agency to prepare Federal guidelines for use by cities and municipalities, specifying environmental and safety standards for the use of fuel cell technology. Requires the Secretary of Commerce to report to the Congress regarding the export market potential for integrated fuel cells systems with renewable power technologies. Requires such Secretary to report to the Congress on the activities of the Committee on Renewable Energy, Commerce, and Trade to promote exports of renewable energy technology. Requires each participating member of such Committee to report annually to the Congress on the Committee actions regarding renewable energy technology exports. Requires the Committee to establish a joint government-industry plan to promote the U.S. market share in international trade in renewable energy technologies, including the development of administrative guidelines for Federal export loan programs. Authorizes appropriations for FY 1990 through 1992. Title VI: Solar Hydrogen Fuels - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest practicable time. Requires the Secretary to send the Congress annual plan descriptions including any necessary plan modifications. Directs the Secretary to establish such program within the Department of Energy. Requires that the areas to be addressed in such program include production, liquefaction, transmission, distribution, storage, and utilization. Requires priority to be given to production techniques that use renewable energy sources as their primary energy sources. Directs the Secretary to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology and to prepare a comprehensive large-scale hydrogen technology demonstration plan. Requires the Secretary to consult with other Federal agencies and departments in carrying out this program. Requires the establishment of a Hydrogen Technical Advisory Panel of the Energy Research Advisory Board to advise the Secretary on the conduct of the hydrogen program. Requires the Panel to submit an annual report on the program to the Energy Research Advisory Board which shall subsequently report to the Secretary. Authorizes appropriations to carry out this title for FY 1990 through 1994. Directs the Administrator of the National Aeronautics and Space Administration (NASA) to prepare and submit to specified congressional committees on a comprehensive five-year program management plan for a research and development program for the development of a domestic hydrogen-fueled aircraft capability within the shortest practicable time. Requires the Administrator to transmit to Congress an annual plan description including any necessary modifications with respect to the plan. Requires the Administrator to establish such program within NASA and to prepare and transmit to the Congress a comprehensive flight demonstration plan which shall confirm the technical feasibility, economic viability, and safety of liquid hydrogen as a fuel for commercial transport aircraft. Provides that the research and development program under this title shall include, at a minimum, the development of the systems associated with the production, transportation, storage, and handling of liquid hydrogen for commercial aircraft application. Provides that the Administrator shall consult with other Federal agencies and departments in carrying out the program. Establishes a Hydrogen-Fueled Aircraft Advisory Committee to advise the Administrator on the programs established by this title. Requires the Committee to report annually to the Administrator on its activities and on the status of such programs. Authorizes appropriations to carry out this title for FY 1990 through 1994. Title VII: Natural Gas and Coal - Part A: Natural Gas - Directs the Secretary of Energy to enter into cooperative agreements with and provide financial assistance to appropriate parties to construct and demonstrate the commercial operation of intercooled steam-injected gas turbines for generating electricity. Authorizes appropriations for FY 1990 through 1993. Requires the Secretary to report to the Congress on the implementation of this program. Directs the Secretary to enter into cooperative agreements with and to provide financial assistance to municipal governments to demonstrate the feasibility of using natural gas as a fuel for urban area mass transit. Sets as a prerequisite to such agreements that the participating municipal government provide at least 25 percent of the demonstration costs. Authorizes appropriations for FY 1990 through 1992. Requires the Secretary to submit a feasibility report to the Congress within nine months after the date of enactment of this Act pertaining to the use of natural gas in diesel-powered vehicles to facilitate compliance with emissions requirements. Part B: Coal - Requires the Secretary, within nine months after the date of enactment of this Act, to provide the Congress with a comprehensive review of clean coal technologies to be developed in federally-funded projects under the Department of Energy's clean coal technology program. Directs the Secretary to establish and implement research and development technologies for preventing, reducing, recycling, recovering, or offsetting carbon-dioxide emissions from combusted coal. Requires the Secretary to report to the Congress on the implementation of such technologies. Authorizes appropriations for FY 1990 through 1992. Title VIII: Forest and Agriculture Policies - Part A: Forest Policies - Directs the Secretary of Agriculture, in cooperation with the Secretary of the Interior, to report to the President and the Congress on the feasibility of a national forestation initiative. Requires the Secretary of Agriculture to submit an analysis to the President and the Congress of the potential for reducing carbon emissions by undertaking targeted urban tree plantings to reduce air conditioning needs and mitigate the "heat island effect" in cities. Part B: Agricultural Policies - Mandates that specified Federal agencies conduct a joint study on critical linkages between agricultural production and global climate change. Cites study contents. Directs specified Federal agencies to establish an interagency task force to ensure that all satellite and remote sensing information pertinent to agricultural needs and climate modeling are made available to the Department of Agriculture. Directs the Secretary of Agriculture to use the "Low-Input Farming Systems Research and Education Program." Authorizes appropriations for FY 1990 through 1994. Part C: Integrated Farming Policies - Directs the Secretary of Agriculture to consult with the agriculture community and sustainable agriculture advocates for the purpose of developing an integrated farming research, development, and demonstration program. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary of Energy to establish a national farm ethanol program. Authorizes appropriations for FY 1990 through 1992. Title IX: Development Assistance - Directs the Secretary of State, in conjunction with the Administrator of the Agency for International Development and other specified officials, to report to the Congress on the status of forest resources in tropical countries, including a forest and agroforestry plan with goals for each tropical country. Requires: (1) the Administrator to ensure that all activities supported by U.S. bilateral foreign assistance are consistent with such plan; and (2) the Administrator take into account each country's measure of success in meeting plan goals when allocating development assistance monies. Prescribes guidelines under which the Secretaries of State and of the Treasury are directed to promote multilateral tropical forestry programs, and to report to the Congress regarding the progress made by each of the multilateral development banks, the United Nations Food and Agriculture Program, the United Nations Development Program, and the International Tropical Timber Organization. Directs the Secretary of Commerce to promulgate regulations within one year after the date of enactment of this Act requiring wood and projects containing imported wood to bear a label disclosing the names of such wood and the countries of origin. Requires such Secretary to promulgate regulations prohibiting the importation of wood and wood products containing wood from: (1) tropical forest countries that have not achieved the forest plan goals; (2) countries that import wood or products containing wood harvested in tropical countries that have not achieved forest plan goals; and (3) countries that permit transit of wood or products containing wood harvested in tropical countries that have not achieved forest plan goals. Requires the Secretary to report annually to the Congress on the status of import controls with respect to tropical forest countries that have not achieved the forest plan goals. Amends the Foreign Assistance Act of 1961 to authorize the President to assist developing countries with research and development programs aimed at energy efficiency and energy transmission facilities. Prohibits assistance for large-scale production of energy. Prescribes guidelines under which the President is directed to provide support to aid-receiving countries with emphasis upon least-cost energy planning. Requires the President to report annually to the Congress regarding the bilateral energy program, including the progress made in reducing greenhouse gas emission. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to: (1) vigorously promote the adoption by each bank of a least-cost energy planning program containing specified components; and (2) oppose, except in certain instances, financial or technical assistance to any borrowing country if a least-cost energy plan is not in place. Directs the Secretary of State to instruct the Ambassador to the United Nations to: (1) vigorously encourage the United Nations Development Program implementing energy conservation and efficiency programs for recipient countries; and (2) oppose the adoption of country programs for any country for which a least-cost energy planning program giving priority to energy conservation, end use energy efficiency, and renewable energy sources is not in place. Requires the Secretary of the Treasury and the Secretary of State to report annually to the Congress regarding the progress of the multilateral development banks and the United Nations Development Program in implementing energy conservation measures. Declares that it is the policy of the United States that its economic assistance programs to developing countries should encourage least-cost, sustainable transportation policies and practices based on a diverse mix of motorized and nonmotorized transport modes which minimize fuel needs and reduce carbon-dioxide emissions. Directs the Administrator of the Agency for International Development to: (1) implement a study of the Agency's transportation-related programs and of the multilateral development bank policies regarding their transportation-related lending practices to recipient countries; and (2) redirect part of the Agency's resources to providing nonmotorized low-cost vehicles that can be sustained in the long term. Directs the Secretary of the Treasury to instruct the U.S. Executive Director to each multilateral development bank to increase the emphasis on nonmotorized, low-cost and energy efficient alternatives to private motor vehicles. Directs the Peace Corps to encourage the use of nonmotorized transport technologies in the projects it undertakes. Specifies non-motorized transportation policies to be promoted by the U.S. Government in implementing its development assistance programs. Authorizes the Secretary of the Treasury to modify the loan terms on up to one-half of the sovereign debt owed the United States by developing countries as a condition of adopting forest and energy conservation programs. Directs the Secretary to promulgate regulations implementing such environmental conservation and debt reduction program within one year after the enactment of this Act. Directs the Secretary to encourage the adoption of joint initiatives of debt reduction and conversion by the public and private sectors in member countries of the Organization for Economic Cooperation and Development. Directs the Administrator of the Agency for International Development to report biennially to the Congress regarding the status of energy conservation and efficiency for each country receiving Federal development assistance monies. Requires the Administrator of the Agency for International Development to report to the Congress regarding the options and strategies for the use of bilateral and multilateral development assistance programs sponsored by the United States to control emissions of certain greenhouse gases into the atmosphere. Title X: International Activities - Directs the Secretary of State to convene an international meeting in the United States by the end of 1992 to adopt a global climate protection agreement with measures at least as stringent as those in this Act. Sets forth a percentage reductions schedule for emissions of specified gases. Directs the Secretary of State to: (1) initiate negotiations for the adoption of a binding multilateral agreement requiring specified reductions of nitrogen oxide emissions by 1998; (2) request and, if necessary, convene the parties to the Montreal protocol on substances that deplete the ozone layer for possible control measures reassessment; and (3) convene an international meeting to exchange information regarding energy efficiency and solar/renewable energy resources that are environmentally sustainable. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of multilateral development banks to promote lending policies which emphasize specified aspects of energy conservation, renewable energy source, greenhouse gas emissions, and least-cost non-motorized transportation systems. Directs the Administrator of the Agency for International Development to take specified measures concerning: (1) biological diversity conservation; (2) renewable energy resources and conservation; and (3) assistance to developing countries in the use of agricultural and industrial chemicals. Declares U.S. policy with respect to domestic and international efforts to deal with the greenhouse effect. Requests the President to take steps to establish a long-term study of the greenhouse effect, beginning with a one-year cooperative international research program started during or before 1991. Names the year of such program the "International Year of the Greenhouse Effect." Title XI: World Population Growth -Declares it is the policy of the United States that family planning services should be made available to all persons requesting them. Authorizes appropriations for FY 1990 through 1994 for international population and family planning assistance. Prohibits the use of such funds for: (1) involuntary sterilization or abortion; or (2) the coercion of any person to accept family planning services. Requests the President to initiate an international conference on population, and to seek an international agreement on population growth. Establishes a National Commission on Population, Environment, and Natural Resources to prepare reports and convene conferences. Terminates such Commission three years after the enactment of this Act. Authorizes appropriations for FY 1990 through 1992. Title XII: Recyclable Materials - Directs the Secretary of Commerce and the Secretary of Health and Human Services to report to the Congress the results of a study regarding degradable materials and recycling methodologies. Requires the Secretary of Defense to report to the Congress the results of a study regarding the national security implications of requiring the use of degradable materials in items procured by the Department of Defense, and of requiring the Department to comply with specified prohibitions against the use of nondegradable materials. Requires the Administrator of the Environmental Protection Agency biennially to submit an updated report to the President and the Congress regarding Federal, State, and local policies and practices in recycling government wastes and procuring recyclable materials. Directs the Secretary of Agriculture to report to the Congress the results of a pilot project to develop and demonstrate a viable technology for composting municipal waste and sewage sludge. Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information to: (1) make grants for recycling research and development; (2) establish a national database information clearinghouse for recyclable materials; (3) report annually to the Congress regarding the status of recyclable wastes; and (4) make grants for scientific research on the use of plastic materials as part of a recycling program. Authorizes appropriations for FY 1990. Sets forth civil and criminal penalties for offenses involving the production, manufacturing, distribution or selling of specified nonrecycled consumer goods which have been proscribed by the Secretary of Commerce under regulations jointly issued with the Administrator of the Environmental Protection Agency. Requires the Secretary of Commerce periodically to update the list of proscribed nonrecycled consumer goods.
United States · United States Congress · 4 October 1988
Expresses the sense of the Congress that: (1) the Amateur Basketball Association United States of America and the U.S. Olympic Committee should promote the adoption of rules that would make all basketball players eligible to compete in the Olympic games; and (2) the U.S. Olympic Committee should promote the elimination of the distinction between amateur and professional athletes in all sports for purposes of eligibility to compete in the Olympic games.
United States · United States Congress · 28 September 1988
Establishes the National Commission on the Thrift Industry. Requires the Commission to investigate: (1) the adequacy of the regulation of thrift institutions; (2) the financial condition and sources of income of the Federal Savings and Loan Insurance Corporation (FSLIC); (3) the extent of liability relating to the FSLIC's inventory of troubled thrift institutions; (4) methods for increasing capital levels in the thrift industry; (5) problems in the structure of the deposit insurance system and options for reforming such system; (6) the impact on the thrift industry of FSLIC assistance programs; (7) the role of the thrift industry in providing mortgage credit, including such industry's projected share of the mortgage market in the year 2000; (8) the effect the development of the Government-sponsored secondary mortgage market has had on the role of the thrift industry in providing mortgage credit, including the secondary mortgage market's projected share of the mortgage market in the year 2000; and (9) the need for specialized depository institutions to serve such market, including the extent to which such institutions affect the availability of low- and moderate-income housing. Requires the Commission, on or before February 1, 1989, to report to the President and specified House and Senate committees on its findings and conclusions, including its recommendations for administrative and legislative action. Specifies that any expenses of the Commission shall be paid by the Secretary of the Treasury. Limits the total expenses of the Commission. Directs the Comptroller General to audit and report to the Congress on Commission expenditures. Terminates the Commission 30 days after it submits its final report.
United States · United States Congress · 23 September 1988
Amends the Federal criminal code to prescribe penalties for the unauthorized use of the name Visiting Nurse Association or Visiting Nurse Service or of the name or insignia of the Visiting Nurse Association of America.
United States · United States Congress · 3 August 1988
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Directs the President to appoint as members of the Center 20 experts in the biomedical information sciences who are currently employed by a Federal agency in a capacity that qualifies them to make determinations as to whether research proposals involving live animals are duplicative of other research efforts. Sets forth provisions for a Director of the Center. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any proposal the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in conducting comprehensive full-text literature searches. Directs the President to establish rules to preclude any conflict of interest in the awarding of these contracts. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Directs the Library to: (1) acquire, in full-text form, all biomedical information owned or available for use by Federal agencies (except information already in the Library or classified for national security reasons); (2) transcribe and store in full-text all such information acquired by the Library after January 1, 1960; (3) make available to medical libraries, through modern technologies, all full-text biomedical information in its collection; (4) support, by grants and contracts, the creation of new information for teaching and demonstrations, including audiovisual aids and computer graphics technologies; (5) make available such new information to research and teaching institutions, at cost; and (6) increase the number of persons trained in modern methods of biomedical information storage and dissemination technologies by making available stipends, awards, and grants to persons engaged in such training. Provides that the cost to those requesting biomedical or teaching and demonstration information shall include the Federal expenses incurred in acquiring and making it available. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations.
United States · United States Congress · 1 August 1988
New Jersey-New York Medical Waste Tracking Act of 1988 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency (EPA) to establish a demonstration program, within nine months of this Act's enactment, to track, by the use of a manifest system, medical waste generated and disposed of in New York and New Jersey. Makes such program applicable to generators of medical waste, and owners and operators of facilities for the treatment, storage, transport, and disposal of medical waste. Requires such parties to permit access to and provide copies of all records relating to such wastes to any designated EPA representative. Sets forth civil and criminal penalties for violations of this Act. Provides that this Act does not preclude any State or locality from imposing more stringent requirements for the control or monitoring of medical waste or affect any other authorities or requirements of the Solid Waste Disposal Act. Requires the EPA to report to the Congress, within three years of this Act's enactment, on the progress and success of the demonstration program. Authorizes appropriations for such program for FY 1989 through 1991. Directs the EPA to report to the Congress on medical waste treatment and disposal methods currently being employed by New York and New Jersey.
United States · United States Congress · 26 July 1988
Depository Institutions Act of 1988 - Makes technical amendments to the Bank Holding Company Act of 1956. Title I: Securities Activities of National Banks and Bank Holding Company Subsidiaries - Amends the Banking Act of 1933 to permit banks which are members of the Federal Reserve System (member banks) to be affiliates of qualified securities subsidiaries. Prohibits any company (other than a qualified securities subsidiary) which is affiliated with a member bank from engaging in any securities activities even though such company is not engaged principally in such activities, unless granted a specific exemption by the Federal Reserve Board. Amends the Bank Holding Company Act of 1956 to allow bank holding companies to own shares of qualified securities subsidiaries. Defines a "qualified securities subsidiary" as any company: (1) which is a nonbank subsidiary of a bank holding company, engages in securities related activities, and is registered as a broker or dealer under the Securities Exchange Act of 1934; and (2) the formation or acquisition of which by a bank holding company has been approved by the Federal Reserve Board. Allows a qualified securities subsidiary to: (1) buy and sell, issue, or underwrite asset-backed securities; (2) buy, sell, and underwrite debt securities, qualified municipal securities, and commercial paper; (3) buy and sell securities issued by an investment company; (4) buy, sell, and underwrite other securities which are not, and may not be converted into, equity securities; and (5) engage in securities brokerage, private placement, investment advisory, or other securities activities permitted for brokers or dealers registered under the Securities Exchange Act of 1934 or for investment advisers registered under the Investment Advisers Act of 1940. Prohibits a qualified securities subsidiary from: (1) buying, selling, or underwriting equity securities; (2) underwriting securities issued by an investment company; (3) buying, selling, or underwriting debt securities within 180 days after the enactment of this Act; or (4) engaging in certain activities authorized for nonbank subsidiaries of bank holding companies other than specified exempted activities. Requires bank holding companies to obtain the approval of the Federal Reserve Board prior to the formation or acquisition of a qualified securities subsidiary by a bank holding company. Prohibits such approval if the Federal Reserve Board determines the establishment of such a subsidiary would cause: (1) an adverse effect on holding company resources to the detriment of depository institution subsidiaries; or (2) the affiliation of a bank holding company which is among the 35 largest banking organizations in the United States with a securities from which is among the 35 largest securities firms. Requires disapproval by the Federal Reserve Board if an applicant submits an incomplete application or if the Board determines that certain community benefit standards have not been met. Requires any bank holding company that establishes a qualified subsidiary to transfer out of its depository institution subsidiaries any securities related activity in which a national bank may engage. Allows certain exceptions to such transfer requirement. Allows up to a one-year transition period for the transfer of such activities if the Federal Reserve Board determines that such a transfer would cause undue hardship or excessive disruption to the operations of the bank holding company. Prohibits any nonbank subsidiary of a bank holding company (other than a qualified securities subsidiary) from engaging in any securities activity after the earlier of: (1) the date a qualified securities subsidiary of such bank holding company commences operations; or (2) two years after the enactment of this Act. Specifies that no provision of this Act shall be construed as: (1) superseding any provision of any Federal securities law or regulation relating to the registration or regulation of brokers, dealers, underwriters, or members of exchanges by the Securities and Exchange Commission; or (2) limiting the authority of the Federal Reserve Board to prescribe regulations, issue orders, require reports and make examinations with respect to qualified securities subsidiaries or to regulate bank holding companies and bank holding company subsidiaries. Sets forth additional definitions relating to securities activities for purposes of this Act. Restates and reorganizes certain provisions of Federal banking laws relating to the general powers of national banks and the powers of national banks to engage in securities activities and commercial paper activities. Amends the Federal Deposit Insurance Act to limit the securities affiliations of insured nonmember banks to those in which a national bank may engage. Specifies that a State may not prohibit a bank or a bank holding company from being affiliated with a qualified securities subsidiary solely because the securities subsidiary is engaged in activities permitted by this Act. Allows certain exceptions to Federal Reserve Board approval requirements in connection with certain bank reorganizations. Sets forth expedited procedures for certain reorganizations of banks into bank holding companies and for bank holding companies to seek approval to engage in certain nonbanking activities. Requires the Federal Reserve Board to monitor and supervise the foreign currency operations of bank holding companies. Requires the Federal Reserve Board and the Comptroller of the Currency to submit a report to the Congress concerning the proposed regulations to implement the provisions of this Act. Sets forth the effective date of the final regulations required by this Act. Title II: Bank and Consumer Safeguard Provisions - Amends the Bank Holding Company Act of 1956 to limit certain types of restrictions on transactions between affiliates within a bank holding company where the holding company controls a qualified securities subsidiary. Prohibits any depository institution subsidiary of a bank holding company which controls a securities subsidiary from engaging in specified financial transactions with such securities subsidiary. Prohibits such a depository institution from extending credit in any manner to any investment company which is advised by such a securities subsidiary. Prohibits such a depository institution from engaging in specified financial transactions with third parties for the benefit of a securities subsidiary. Prohibits a bank holding company and subsidiaries of a bank holding company (other than a securities subsidiary) from extending credit to any person for the purpose of purchasing any security during a specified period in which the security is the subject of a distribution in which a securities subsidiary of such bank holding company participates as an underwriter or a member of a selling group. Prohibits a depository institution subsidiary of any bank holding company which controls a securities subsidiary from disclosing any confidential customer information to any securities subsidiary of such holding company without the consent of the customer. Prohibits any depository institution subsidiary of a bank holding company from sharing corporate names, logos, premises, and advertising with a securities subsidiary. Prohibits any reciprocal arrangement between a bank holding company and subsidiaries of a bank holding company. Prohibits a bank holding company from allowing any director, officer, or employee of any qualified securities subsidiary of such bank holding company to serve at the same time as a director, officer, or employee of any depository institution subsidiary of such bank holding company or otherwise participate in the conduct of the affairs of such depository institution subsidiary, except for clerical, accounting, bookkeeping, statistical, or similar functions. Allows a depository institution subsidiary of a bank holding company to sell loan assets to securities subsidiaries under specific, limited circumstances. Provides that any bank which owns any interest in a bankers' bank affiliated with a qualified securities subsidiary, or any interest in a holding company which controls such a bankers' bank, shall be treated as a bank affiliated with such qualified securities subsidiary for purposes of the prohibitions required by this Act. Requires a bank holding company which controls a qualified securities subsidiary to require such a securities subsidiary to disclose prominently in writing to its customers that: (1) the subsidiary is not a federally insured bank or insured institution, and that it is a separate corporate entity from its affiliated bank or insured institution; and (2) the commercial paper and securities underwritten, sold, offered, or recommended by the securities subsidiary are not federally insured, guaranteed, or otherwise an obligation of the affilated bank or insured institution. Requires similar disclosures by a depository institution subsidiary of a bank holding company when providing investment advice to customers. Sets forth criminal penalties and civil money penalties for violations of any of the prohibitions required by this Act. Specifies the appropriate Federal regulatory agency for specified types of financial institutions for purposes of this Act. Authorizes the Federal Reserve Board to require a bank holding company to terminate its control of any depository institution subsidiary if the Board has reason to believe that the bank holding company or any of its subsidiaries has engaged in a continuing course of conduct involving violations of the securities activities provisions or the inter-affiliate provisions of this Act. Provides notice, administrative hearing, and adjudicatory procedures for requiring such a divestiture. Requires the Federal Reserve Board to submit a report to the Congress containing proposed regulations required to implement the provisions of this Act. Sets forth the effective date of the final regulations required to implement the provisions of this Act. Title III: Insurance Activities - Bank Holding Company and National Bank Improvements Act of 1988 - Amends the Bank Holding Company Act of 1956 to prohibit a bank holding company from engaging in any insurance activities, either directly or through any of its bank or nonbank subsidiaries, unless such activities qualify under specified exemptions. Allows certain grandfather rights for bank holding companies to continue to engage in certain insurance activities. Amends the National Bank Act to prohibit a national bank or a subsidiary of a national bank from engaging in insurance activities, except for: (1) credit insurance to assure the repayment of credit extensions in the event of the death, disability, or involuntary unemployment of the debtor; (2) municipal bond guarantee insurance activities; and (3) any insurance activities in which such company could engage as of March 2, 1988. Provides that a national bank located in a place with a population of 5,000 or less may sell insurance if: (1) the insurance activities are confined to that place; and (2) the insurance is sold only to residents of the State in which the national bank is located or to individuals employed in that State. Title IV: Consumer Protection Provisions - Subtitle A: Community Benefits - Community Benefits Amendments of 1988 - Amends the Bank Holding Company Act of 1956 and the National Housing Act to require that minimum community reinvestment standards be met by banks and savings and loan institutions and by bank holding companies and savings and loan holding companies prior to any approval of such a holding company's application for the acquisition of: (1) out-of-state subsidiaries; or (2) interests in securities subsidiaries and certain other nonbanking subsidiaries. Specifies such minimum standard as an imputed community reinvestment rating of "two" or better (on a scale of "one-excellent" to "five-poor") as determined by standards set forth in this Act. Allows the preliminary approval of such an application by a financial institution or holding company with a rating of "three" if such institution or holding company enters into commitments to improve such rating to "two" within two years. Allows certain acquisitions involving financial institutions or bank holding companies with a rating of less than "three" under specified, limited circumstances. Requires the disapproval of such an application if the applicant bank, savings and loan, holding company, or any subsidiary has established a pattern of acquiring or chartering federally insured depository institutions or opening or closing deposit facilities in a manner that tends to exclude low- and moderate-income neighborhoods or equivalent areas or, in the case of a savings and loan, fails to provide reasonably priced and accessible deposit services to low- and moderate-income persons. Prohibits the approval of any application of a holding company to establish a securities subsidiary, or of a securities firm to acquire a bank or savings and loan unless the applicant enters into commitments that the combination of banking and securities activities will not diminish the availability of credit and deposit services for low- and moderate-income persons or small businesses or within low- and moderate-income neighborhoods or equivalent areas. Imposes additional requirements for securities firms applying to acquire a bank or savings and loan. Provides special rules for holding companies with five or more subsidiaries in one State and for subsidiaries with ratings assigned prior to the enactment of this Act. Sets forth procedures for the consideration of such applications by the Federal Reserve Board, including newspaper notice of applications, the acceptance of public comments, and the holding of informal hearings. Requires the continuing enforcement of the provisions of this Act. Amends the Community Reinvestment Act of 1977 to require the appropriate Federal regulatory agency to publish a newspaper notice of the examination of a financial institution's record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods. Requires each regional unit of the appropriate Federal regulatory agency to prepare and mail to any requesting person a weekly bulletin listing the insured depository institutions within such region undergoing such an examination. Requires the appropriate Federal regulatory agencies to jointly develop a format for collecting data from insured depository institutions in connection with such examinations. Provides that in the case of insured depository institutions with assets of $100,000,000 or more such format shall require additional types of information. Requires the appropriate Federal regulatory agencies to prepare a written evaluation, following each such examination, of the institution's record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods. Specifies that such an evaluation shall have a public section and a confidential section. Sets forth topics to be considered in such evaluation. Requires the Federal depository institutions regulatory agencies to jointly develop and publish rating guidelines for assigning a numerical rating to an insured depository institution's performance in meeting the credit needs of its entire community, including low- and moderate-income neighborhoods. Specifies that the underlying goal of such rating process shall be to measure the extent to which an insured depository institution in committing financial and managerial resources to community reinvestment activities. Requires each such agency to assign such a rating to each depository institution. Requires that such rating guidelines be reviewed annually and revised if necessary. Provides that any community reinvestment rating assigned to any insured depository institution shall reflect such institution's community reinvestment performance on a comparative basis relative to the community reinvestment performances of other insured depository institutions with similar resources. Specifies that any numerical rating assigned with respect to any insured depository institution shall be determined on the basis of a five point performance rating scale ranging from "one-excellent" to "five-poor" or substantial noncompliance. Provides that in approving an application, assessing or compiling data, or rating the performance of an insured depository institution pursuant to this Act, the Federal depository institution's regulatory agency may take into consideration the activities of an institution's parent holding company or nonbank or nonthrift institution affiliates which help to meet the credit needs of the insured depository institution's local community and the activities of any community development corporation which is sponsored by such insured depository institution or the holding company which controls such insured depository institution. Subtitle B: Agency Reforms - Requires the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Federal Home Loan Bank Board to establish a consumer division within each of their respective agencies. Sets forth the duties of such consumer divisions, including the periodic examination of each insured depository institution within its jurisdiction to determine the extent to which such institution is in compliance with all applicable laws and regulations relating to consumer protection, including community reinvestment laws. Requires each Federal Reserve bank to establish a community review board. Sets forth the membership of such boards and administrative provisions concerning the operation of such boards. Specifies the duties of such boards, including advising regulatory agencies with respect to, and reviewing the Federal depository institutions regulatory agencies' enforcement of, community reinvestment and consumer protection laws. Subtitle C: Access to Financial Services - Financial Services Access Act - Requires every depository institution to offer consumers a basic financial services account. Sets forth the terms of such an account. Requires depository institutions which, in the ordinary course of business, cash checks for customers, to cash any Federal, State, or local government check in an amount of $3,000 or less if the individual presenting the check: (1) is the individual to whom the check has been issued; and (2) is registered with the depository institution pursuant to requirements set forth in this Act. Allows a depository institution to impose a $2 fee for cashing such checks. Requires credit unions to cash such checks for members without charging a fee. Requires depository institutions to post a conspicuous notice that informs account holders and potential account holders that basic financial services accounts and government check cashing services are available. Sets forth rules for the administrative enforcement of such requirements relating to basic financial services accounts and government check cashing services. Subtitle D: Notice of Branch Closures By Bank and Thrift Institutions - Notice of Bank and Thrift Branch Closure Act of 1988 - Requires any national bank which proposes to close any branch to provide a written notice of such proposed closing to the Comptroller of the Currency and to customers of such branch not less than 90 days or more than 180 days before such closing. Specifies the required form and content of such notices. Amends the Home Owners' Loan Act of 1933 to require any savings and loan association which proposes to close any branch to provide written notices of such proposed closing to the Federal Home Loan Bank Board (FHLBB) and to customers of such branch not less than 90 days or more than 180 days before such closing. Specifies the form and content of such notices. Requires the Comptroller of the Currency and the FHLBB, upon receipt of such notice, to determine whether the closing of such branch will result in a significant reduction in the availability of services of depository institutions in the area in which such branch is located and to provide assistance to the community in exploring the feasibility of replacing such branch with adequate banking facilities. Subtitle E: Truth in Savings - Truth in Savings Act - Requires each advertisement, announcement, or solicitation by a depository institution which refers to a specific interest, yield, or rate of earnings on amounts held in any account to state the following information clearly and conspicuously: (1) the annual percentage yield and the period such yield is in effect; (2) all minimum initial deposit, minimum balance, and time requirements for earning such yield; (3) fees or other conditions that could reduce the yield; (4) the annual rates of simple interest; (5) a statement that an interest penalty is required for early withdrawal; and (6) the effective percentage yield on the date of maturity for a certificate of deposit. Authorizes the Federal Reserve Board to exempt advertisements, announcements, or solicitations made by any broadcast or electronic medium or outdoor advertising displays not on the premises of a depository institution from the disclosure requirements relating to initial deposit requirements, fees, and annual rates of simple interest if such dislosure would be unnecessarily burdensome. Prohibits any depository institution from advertising an account as a free or no-cost account if: (1) there are minimum balance or limited transaction requirements to avoid fees; or (2) there is any service fee or transaction fee imposed for such account. Prohibits any institution from making any advertisement, announcement, or solicitation that is inaccurate or misleading or that misrepresents its deposit contracts. Requires each depository institution to maintain a schedule, written in clear and plain language, of fees, changes, yields, and terms and conditions such as minimum balance and time requirements applicable to each class of accounts offered. Requires that such schedule be disclosed to potential customers and requesting individuals and mailed to account holders. Directs the Board to require modified disclosure requirements concerning the annual yield on variable rate accounts, multiple rate accounts, guaranteed-rate accounts that mature in less than one year, and accounts for which the interest rate is not guaranteed. Requires a depository institution to calculate the amount of interest on an interest-bearing account based on the full amount of principal in the account for each day of the stated calculation period at the rates of interest disclosed pursuant to the requirements of this Act. Specifies that such requirement shall not be construed as prohibiting or requiring the use of any particular method of compounding or crediting of interest. Directs the Federal Reserve Board to prescribe regulations to carry out such disclosure requirements and to provide for public notice and comment on, and publication of, model forms and clauses for the disclosures required by this Act. Provides for the enforcement of this Act and the civil liability of a depository institution that fails to comply with requirements of this Act. Sets forth limitations on such liability and factors to be considered by the court in determining class action awards. Provides that an institution may not be held liable for a violation if the institution demonstrates that the violation was not intentional and resulted from a bona fide error, or if the institution makes a notification of and an adjustment for errors within a specified time. Establishes U.S. district court jurisdiction and a one-year statute of limitations for actions brought under this Act. Directs the National Credit Union Administration to provide for the similar regulation of credit unions. Specifies that such disclosure provisions do not annul, alter, or affect the laws of any State relating to the disclosure of information in connection with terms of deposit accounts, except to the extent such laws are inconsistent with this Act. Subtitle F: Home Equity Loan Requirements - Home Equity Loan Consumer Protection Act of 1988 - Amends the Truth in Lending Act to prescribe disclosure requirements for any open end consumer credit plan secured by a consumer's dwelling, including: (1) the fixed annual percentage rate; (2) the variable percentage rate with a detailed description of how such rate is calculated and adjusted; (3) an itemization of other fees imposed by the creditor; (4) estimates of fees which may be imposed by third parties; (5) a statement that the consumer risks the loss of the dwelling in the event of any default; (6) any conditions to which disclosed terms may be subject; (7) a statement of the rights of the creditor with respect to extensions of credit; (8) a description of repayment options and the minimum periodic payments required; (9) an example, based on a $10,000 outstanding balance, of minimum payments and the maximum repayment period; (10) a statement concerning balloon payments; (11) a statement concerning negative amortization, if applicable; (12) a description of any limitations and minimum amount requirements on extensions of credit; (13) a statement that the consumer should consult a tax adviser regarding the deductibility of interest and charges under the plan; and (14) any other requirements established by the Federal Reserve Board. Sets forth requirements for: (1) the time and form of such disclosures; and (2) disclosures with respect to third party credit applications. Requires creditors to provide to any applicant for such an open end consumer credit plan a pamphlet to be published by the Federal Reserve Board as required by this Act or any pamphlet which provides substantially similar information. Requires the Federal Reserve Board to publish such pamphlet containing: (1) a general description of open end credit plans secured by consumer dwellings and the terms and conditions on which such loans are generally extended; and (2) a discussion of potential advantages and disadvantages of such plans. Imposes additional disclosure requirements for advertisements of open end credit plans secured by consumers' dwellings. Prohibits any advertisement from being misleading concerning the tax deductibility of any interest expense. Prohibits the use of advertisements for any home equity loan which refer to such loan as "free money" or use other terms determined by the Federal Reserve Board to be misleading. Requires that any information concerning discounted initial interest rates and any required balloon payments be included with such advertisements. Requires the index or other rate of interest to which changes in the annual percentage rate of such credit plans are related must be based on an index or rate of interest which is publicly available and not under the control of the creditor. Prohibits a creditor from unilaterally terminating such a credit plan or requiring immediate repayment of the outstanding balance of such a credit plan, except in cases of: (1) fraud or material misrepresentation on the part of the consumer; (2) failure by the consumer to meet repayment terms; or (3) other acts or failures on the part of the consumer which adversely affect the creditor's security. Prohibits a creditor from making any unilateral changes in the terms of such a credit plan, except under specified circumstances. Requires a creditor to refund all application fees of a consumer if the creditor changes any terms of the credit time between the time an application is made and the time the account is opened. Prohibits the imposition of any nonrefundable fees by a creditor before the end of the three-day period beginning after the consumer receives all the required disclosures. Requires the Federal Reserve Board to conduct a study and report to the Congress on whether the use of the same term, such as an annual percentage rate, to describe the cost to the consumer for extensions of credit under all forms of consumer credit plans may unduly mislead consumers with respect to the comparability of the various forms of such extension of credit. Subtitle G: Expedited Funds Availability Amendments - Amends the Expedited Funds Availability Act to treat certain credit unions as local originating depository institutions for purposes of such Act. Terminates such treatment after a three-year period. Requires the Federal Reserve Board to report to the Congress within 18 months on the incidence of check fraud losses and certain other specified subjects. Title V: Real Estate Activities - Amends the Bank Holding Company Act of 1956 to prohibit any bank, bank holding company, and nonbank subsidiary of a bank holding company from engaging in any real estate activity in the United States after March 1, 1988, unless such activity was allowed by the Federal Reserve Board (or the appropriate State authority in the case of a State bank) on or before March 1, 1988. Places identical prohibitions on national banks unless such activity was allowed by the Comptroller of the Currency prior to March 1, 1988. Title VI: Enhanced Enforcement Powers - Depository Institutions Enhanced Enforcement Powers Act of 1988 - Subtitle A: Insider Abuse Prevention and Enhanced Enforcement Powers - Amends the Federal Deposit Insurance Act, the Home Owners' Loan Act of 1933, and the National Housing Act to make employees, agents, and shareholders of banks and thrift institutions subject to administrative enforcement orders. Amends the Federal Credit Union Act to make committee members, employees, or agents of an insured credit union subject to administrative enforcement orders. (Current law provides that only officers and directors of depository institutions are subject to such enforcement orders.) Revises the authority of the Federal Deposit Insurance Corporation (FDIC), the Federal Home Loan Bank Board (FHLBB), the Federal Savings and Loan Insurance Corporation (FSLIC), and the National Credit Union Administration (NCUA) to issue cease and desist orders concerning depository institutions within their respective jurisdictions. Allows such agencies to issue cease and desist orders to: (1) require affirmative action to correct conditions resulting from certain violations or practices, including making restitution or reimbursement, providing indemnification, rescinding contracts, or disposing of assets or loans; (2) limit the activities or functions of the depository institution or any director, officer, or other person participating in the conduct of the affairs of the institution; and (3) require the cessation of certain activities if the depository institution's books and records are incomplete or inaccurate or require the restoration of books and records to a complete and accurate state. Revises rules concerning the suspension or removal of a director or officer of a depository institution due to misconduct by the FDIC, the FHLBB, the FSLIC, and the NCUA. Deletes the requirement that the regulatory agency must show misconduct by an officer or director which results in "substantial" financial loss or other damage to the depository institution. (Allows the temporary removal of an officer or director for misconduct pending a permanent removal if necessary for the protection of the institution or depositors). Provides for identical standards for such removal regardless of where the misconduct occurred. (Current law provides for different standards depending on whether the misconduct took place at another institution or business enterprise or at the particular institution from which removal is sought.) Allows the regulatory agency involved to seek such a suspension or removal in cases where an officer or director has violated any written agreement between the institution and the regulatory agency. Prohibits any person who has been removed or suspended from office or prohibited from participating in the affairs of a depository institution by an order of the FDIC, the FHLBB, the FSLIC, or the NCUA from holding any office in, or participating in the affairs of, any federally regulated depository institution or holding company or subsidiary. (Presently, the regulatory agency can only prohibit persons from participating in the affairs of the institution in which he or she is presently located.) Allows an exception to such prohibition upon written approval of the appropriate regulatory agency. Provides for the judicial review of denial of such an exception. Authorizes the FDIC, the FHLBB, the FSLIC, and the NCUA to provide notice of the intention to prohibit any person from participating in the affairs of any federally regulated depository institution, notwithstanding the fact that such person has ceased to hold the position of officer or director or has ceased to participate in the conduct of the affairs of such a depository institution before such notice is served. Increases from $1,000 per day to $2,500 per day the civil penalty for the violation of a cease and desist order or an order for the suspension or removal of an officer or director issued by a Federal banking regulatory agency. Imposes a $2,500 civil penalty (in addition to penalties for violations of such orders) for a violation of: (1) any law or regulation; (2) any written condition imposed by the appropriate Federal banking agency in connection with the grant of any application or other request; or (3) any written agreement between the depository institution and the appropriate Federal banking agency. Imposes criminal penalties upon any person who participates in the affairs of any federally regulated depository institution or holding company or subsidiary after having been suspended, removed from office, or prohibited from participating in the affairs of any depository institution by an order of the appropriate Federal banking regulatory agency. (Current law imposes criminal penalties only for participating in the affairs of the institution from which the person was prohibited, removed, or suspended.) Revises procedures for the termination of FDIC deposit insurance to delete provisions requiring 120 days' advance notice by the FDIC to the appropriate Federal and State banking regulatory agencies prior to such a termination. Increases from $100 per day to $2,500 per day the penalty for unauthorized participation in the affairs of a depository institution by any person who has been convicted of any criminal offense involving dishonesty or a breach of trust. Makes both the depository institution and the individual involved subject to such penalty. (Current law makes only the depository institution subject to such penalty.) Authorizes the FHLBB and the FSLIC to issue civil enforcement orders concerning a service corporation of an association or a subsidiary of such service corporation, whether wholly or partly owned. (Current law limits such authority to orders concerning an affiliate service corporation of an association.) Amends the Bank Protection Act of 1968 to repeal requirements for depository institutions to submit periodic reports with regard to the installation, maintenance, and operation of security devices and procedures. Imposes civil penalties for the filing of false or misleading reports of condition by depository institutions and holding companies. (Current law allows penalties only for late reports.) Requires the FDIC, the FHLBB, the FSLIC, and the NCUA to publicly disclose all notices and orders with respect to any enforcement proceeding initiated against any depository institution or individual. Deletes the "willful" standard for penalties for violations of the Change in Bank Control Act and the Change in Savings and Loan Control Act. Subtitle B: Report to Congress - Requires the Comptroller of the Currency, the Federal Reserve Board, the FDIC, the FHLBB, the FSLIC, and the NCUA to submit annual reports to the Congress concerning: (1) the number of formal and informal supervisory, administrative, and civil enforcement actions undertaken by the agency; (2) the number of individuals and institutions against whom civil money penalties were assessed; (3) a description of all other enforcement efforts and initiatives relating to unsafe and unsound practices; and (4) recommendations concerning the need for additional legislation or financial resources. Title VII: Federal Asset Disposition Association - Federal Asset Disposition Association Dissolution Act - Amends the National Housing Act to specify that the purpose of the establishment of new savings and loan associations in connection with a liquidation is to make insured accounts available to association members. Specifies that provisions of the National Housing Act shall not be construed as authorizing the Federal Savings and Loan Insurance Corporation (FSLIC) to organize a new Federal association for the purpose of managing or disposing of any assets: (1) of an insured institution for which the FSLIC has been appointed receiver; or (2) acquired by the FSLIC in order to prevent a default. Authorizes the FSLIC to delegate such liquidation functions to an appropriate regional office. Prohibits the Federal Asset Disposition Association (FADA) from engaging in any new activities after the date of the enactment of this Act. Directs the FSLIC to require FADA to assign all its rights and obligations under any contract to the FSLIC. Requires the FSLIC, within 60 days after the enactment of this Act, to revoke the charter of FADA and assume its assets and liabilities. Specifies that this Act shall not be construed as any recognition or ratification by the Congress of: (1) any authority of the FSLIC to charter FADA; or (2) any authority of FADA to act on behalf of the FSLIC. Requires the FSLIC to prepare and submit to the Congress a report describing: (1) the manner in which the dissolution of FADA was implemented; (2) the results of such dissolution; and (3) FSLIC's actions as the receiver of FADA. Specifies certain information to be included in such report. Requires the FSLIC to take such action as may be necessary to ensure that the FSLIC and all officers and employees of the FSLIC maintain full compliance with the competitive procurement requirements of the Federal Property and Administrative Services Act of 1949. Requires the FSLIC to liquidate the assets of insolvent savings and loan associations in a manner which: (1) minimizes the cost to the FSLIC; (2) maximizes the return which the FSLIC realizes on the assets; and (3) encourages the use of services of persons in the private sector in managing and disposing of such assets to the maximum extent possible. Requires the FSLIC to ensure that no individuals are employed by the FSLIC under personal service contracts except to the extent that such employment: (1) does not exceed 60 days in any one-year period; or (2) is determined to be necessary because of unusual circumstances which do not allow the position involved to be filled by a civil service employee. Provides that the number of asset liquidation personnel employed by the FSLIC shall not be subject to any limitation imposed by any officer of the executive branch who is not an officer of the FSLIC. Imposes a statutory limit on the number of asset liquidation employees that may be employed at any time by the FSLIC. Requires the FSLIC to establish an employment grade structure for asset liquidation employees which is comparable to the grade structure for employees of the Federal Deposit Insurance Corporation who manage or dispose of assets. Requires representatives of specified Government agencies and the private sector to conduct a multiagency study on options for reducing the duplication, overlap, and inconsistency among Federal agencies and instrumentalities and for making better use of private sector resources in managing and disposing of assets. Requires that a report concerning the results of such study be submitted to the Congress within one year after the enactment of this Act. Title VIII: Miscellaneous Provisions and Technical and Conforming Amendments Relating to Reorganization - Amends the Depository Institutions Management Interlocks Act to extend from ten to 15 years the exemption from the requirements of such Act for depository institution management officials whose service began before the enactment of such Act. Requires the Federal Reserve Board, in consultation with the Attorney General, Comptroller General, and the FDIC, to prepare a study of the effects that hostile acquisitions in the banking industry could have on the U.S. banking and financial markets. Specifies the issues to be included in such study. Requires the Federal Reserve Board to report to the Congress concerning the results of such study. Requires the Secretary of the Treasury to consult with the appropriate Federal banking agencies on methods for increasing the use of underutilized minority banks as depositaries or financial agents of Federal agencies. Requires the Secretary and each appropriate Federal banking agency to submit a report to the Congress concerning any actions taken to increase such use of underutilized minority banks. Amends the Equal Credit Opportunity Act to prohibit discrimination in providing credit on the basis of any course of study pursued or intended to be pursued by the applicant. Amends the National Housing Act to exempt from cross-marketing restrictions subsidiaries of a diversified savings and loan holding company having assets of less than a specified amount. Amends the Bank Holding Company Act of 1956 to prohibit a nonbank bank controlled by a bank holding company from making commercial loans or accepting demand deposits or transaction accounts unless the Federal Reserve Board allowed such activity as of specified dates. Allows: (1) a national bank or bank holding company to own stock in a bankers' bank or bankers' bank holding company; and (2) a bankers' bank holding company to own qualified securities subsidiaries. Extends for two years (until August 10, 1990) the limit on the asset growth of nonbank banks. Makes certain technical and conforming amendments to the Bank Holding Company Act of 1956.
United States · United States Congress · 14 July 1988
Women's Business Ownership Act of 1988 - Title I: Congressional Findings and Purposes - Sets forth congressional findings and purposes with respect to small businesses owned and controlled by women. Title II: Demonstration Projects - Amends the Small Business Act to direct the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct demonstration projects giving financial, management, and marketing assistance to small businesses, including start-up businesses, owned and controlled by women. Describes application criteria. Requires the SBA to report to the congressional Small Business Committees on the projects. Terminates authority for this pilot program on October 1, 1991. Authorizes appropriations. Title III: Procurement Assistance - Amends the Small Business Act to include small business concerns owned and operated by women as a discrete group for purposes of Government contracts and subcontracts and procurement programs. (Current law governing these programs refers expressly only to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals as groups targeted for assistance.) Instructs the Director of Small and Disadvantaged Business Utilization of each Federal agency to designate a Women-in-Business Specialist to be responsible for programs designed to assist concerns owned and controlled by women. Directs Federal agencies, in their procurement activities, to engage in affirmative action to identify and solicit offers from small businesses owned and controlled by either women or socially and economically disadvantaged individuals. Title IV: Access to Capital - Amends the Consumer Credit Protection Act to prohibit the Federal Reserve Board, except under limited circumstances, from exempting from such Act's provisions any class of transactions that are primarily for personal, family, or household purposes, or business or commercial loans made available by a financial institution. Limits to five years any exemption authorized under the circumstances specified in this Act, unless a subsequent determination is made that the exemption remains appropriate. Requires lenders to keep records relating to loans and to provide written notice to applicants of their right to receive notice of reasons for a loan denial. Authorizes the SBA to establish a certified loan program for lenders that display knowledge and proficiency with respect to SBA regulations and programs. Directs the SBA to encourage small business loans of $50,000 or less under both this new program and the preferred lenders program in FY 1989 through 1991 by permitting participating lenders to: (1) use their own forms without regard to SBA paperwork; and (2) retain one-half of the loan guarantee fee. Requires SBA reporting to specified congressional committees in connection with the certified loan program. Directs the Federal Reserve Board, the Comptroller of the Currency, the Department of Commerce, and the SBA jointly to study levels of availability of and demand for debt and equity capital by small businesses, as well as innovative financing techniques to meet any unmet demand. Requires reporting to the congressional Small Business Committees. Title V: National Women's Business Council - Establishes the National Women's Business Council to review the status of women-owned businesses nationwide and to develop detailed multiyear plans in connection with both private and public sector actions to assist and promote such businesses. Requires annual reporting to both the President and the Congress. Title VI: Statistical Data and Effect on Other Programs - Directs: (1) the Bureau of Labor Statistics to include in its census reports on women-owned businesses specified information on sole proprietorships, partnerships, and corporations; (2) the Bureau of the Census to include in its Business Census data the number of corporations that are 51 percent or more owned by women; (3) the SBA's Office of the Chief Counsel for Advocacy to report on the most cost-effective and accurate ways to gather and present the statistics required in these census reports; and (4) Federal agencies to report to the Office of Federal Procurement Policy the number of first-time contract recipients that are small businesses owned and controlled either by women or by socially and economically disadvantaged individuals. Requires the President's annual Report on Small Business and Competition to include in separate detail information relevant to small businesses owned and controlled either by women or by socially and economically disadvantaged individuals.
United States · United States Congress · 14 July 1988
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians to receiving credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 12 July 1988
President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.
United States · United States Congress · 11 July 1988
Amends the Water Resources Research Act of 1984 to reauthorize the grant program for water resources research and technology institutes on a dollar-for-dollar matching basis for FY 1989 through 1993. Requires that such funds be used only for the reimbursement of direct cost expenditures incurred for the conduct of the water resources research program. Directs the Secretary of the Interior to conduct an evaluation of each institute every five years to determine if it qualifies for further support. (Currently the Secretary must make such determination every four years.) Extends the authorization of appropriations for the grant program from FY 1989 through 1993. Authorizes appropriations for FY 1989 through 1993 only for the reimbursement of the direct cost expenses of additional research by institutes which focuses on water problems and issues of a regional or interstate nature beyond those of concern only to a single State and which related to specific program priorities identified jointly by the Secretary and the institutes. Requires such funds when appropriated to be matched on a not less than dollar-for-dollar basis by non-Federal sources. Extends the authorization of appropriations from FY 1989 through 1993 for the matching grant research program concerning any aspect of a water resource-related problem which the Secretary deems to be in the national interest. Authorizes appropriations to extend the technology grant program from FY 1989 through 1993.
United States · United States Congress · 7 July 1988
Affordable Housing Act - Title I: Housing Assistance - Directs the Secretary of Housing and Urban Development to provide construction and rehabilitation grants and operating assistance in order to expand and maintain the permanent supply of affordable housing for very low-income and other lower income families. Grants priority to homeless families. Sets forth program requirements, including recipient preferences, tenant rights, and assistance use restrictions. Requires an annual program report to the Congress. Authorizes appropriations beginning in FY 1989. Terminates such authorization upon the acquisition, construction, or rehabilitation of a specified number of housing units. Title II: Revenue Measures - Amends the Internal Revenue Code to increase to 25 percent the rate of the alternative minimum tax for both corporate and noncorporate taxpayers. (The current corporate rate is 20 percent, 21 percent for noncorporate taxpayers.) Reduces from 80 percent to 50 percent the income tax deduction for business meal and entertainment expenses. Amends provisions relating to the basis for calculating taxes on property a taxpayer acquires from a decedent to: (1) eliminate a special rule with respect to the stock of a domestic international sales corporation (DISC); (2) update the carryover basis rules to refer to property acquired from decedents dying after December 31, 1988 (current law refers to 1979); and (3) permit a tax exclusion of gain when an estate's executor uses certain appreciated carryover basis property to satisfy the right of a person to receive a pecuniary request. Repeals capital gains rules relating to foreign investment company stock acquired from a decedent. Requires estate executors to: (1) file information returns in connection with carryover basis property; and (2) provide written notice to recipients of such property. Prescribes penalties for failure to report. Increases the excise taxes on cigars (from 75 cents to $1.88 per thousand for small cigars), cigarettes (from eight cents to 16 cents per thousand for small cigarettes and from $16.80 to $33.60 per thousand for large cigarettes), cigarette papers and tubes, and smokeless tobacco (from 24 cents to 60 cents per pound for snuff and from eight cents to 20 cents per pound for chewing tobacco).
United States · United States Congress · 7 July 1988
Emergency Bank Consolidation Act of 1988 - Amends the Bank Holding Company Act of 1956 to authorize the Federal Reserve Board (Board) to order a bank holding company to: (1) reorganize any or all of its affiliated banks as subsidiaries of a bank in danger of closing; (2) cause any or all of its subsidiary banks located in the same State to merge with or purchase the assets and assume the liabilities of a bank in danger of closing; (3) cause a bank in danger of closing to merge with, or purchase the assets and assume the liabilities of, any or all of the bank holding company's subsidiary banks located in the same State; (4) contribute or transfer or provide to a bank in danger of closing such assets or services as are customarily utilized by a bank in the conduct of its business or operations; or (5) take any combination of such actions. Specifies that the Board may use such authority only if the Federal Deposit Insurance Corporation (FDIC) certifies and recommends that such action is necessary in cases where: (1) an insured bank is in danger of closing; and (2) such actions will lessen the risk to the Federal Deposit Insurance Fund or severe financial conditions exist which threaten the stability of a significant number of banks in the community where the endangered bank is located. Requires the Board to take reasonable efforts to assure that any transfer of assets or securities involving such banks shall not exceed an amount that is reasonably necessary to provide adequate capitalization to such banks. Provides that the Board may use such authority notwithstanding any other provision of this Act, Federal or State bankruptcy laws, any other Federal or State law, the constitution of any State, or any contract or other instrument or security. Specifies that any order issued by the Board under the Authority granted in this Act shall not be subject to judicial review. Specifies that certain provisions of the Bank Holding Company Act, the national banking statutes, the Federal Deposit Insurance Act, and the Hart-Scott-Rodino Antitrust Improvements Act of 1976 shall not apply to action of the Board taken under the authority granted in this Act. Limits the right of private parties to prevent a consolidation ordered by the Board under the authority of this Act. Allows any creditor of a bank holding company subject to such an order to request the Board to appraise the value of debt owed to such creditor. Allows any shareholder of a bank holding company subject to such an order to request the Board to appraise the value of stocks held by the stockholder. Authorizes the FDIC to compensate any creditor or shareholder for the value of the appraised debt or stock.
United States · United States Congress · 28 June 1988
Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to require a showing of proof by a preponderance of the evidence for a U.S. district court to issue orders to prevent and restrain violations of prohibited racketeering activities. Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Provides for the recovery of treble damages upon proof by a preponderance of the evidence: (1) where a government entity has been injured as a result of such violations; or (2) for persons injured by such violations, if a criminal conviction of the defendant is obtained. Allows a person aggrieved by a RICO violation to recover, upon proof by a preponderance of the evidence, punitive damages under certain circumstances. Lists factors to be considered in determining the amount of punitive damages, including: (1) the degree of culpability of the defendant; (2) any history of similar conduct by the defendant; and (3) the number of persons victimized. Provides for the recovery of punitive damages, upon proof by a preponderance of the evidence, for persons who suffer bodily injury as a result of a RICO violation that includes a crime of violence as a predicate act. Sets a statute of limitations for such actions of: (1) four years after the cause of action accrues; (2) four years after the conduct causing the injury terminates; (3) two years after the date of the criminal conviction (required for a treble damage cause of action); or (4) six years after the cause of action accrues if such action is brought by a specified official for the Federal Government or a State or local government. Provides an affirmative defense where the defendant acted in good faith and in reliance upon an official, directly applicable regulatory action, approval, or interpretation of law by an authorized Federal or State agency in writing or by operation of law. Provides that an action under this Act shall not abate on the death of the plaintiff or defendant and shall be enforceable against a receiver in bankruptcy. States that in a civil action which does not allege a crime of violence as a predicate act: (1) the term "racketeer" shall not be used in referring to any party; (2) "racketeering activity" shall be referred to as "unlawful activity"; and (3) "pattern of racketeering activity" shall be referred to as "pattern of unlawful activity." Describes offenses which are predicate acts constituting crimes of violence for purposes of a civil action alleging such crime. Amends the criminal penalties section of the RICO statute to provide for life imprisonment if the violation of such statute is predicated on an offense for which the maximum penalty includes life in prison. Sets forth additional predicate offenses. Provides for universal service of process. States that nothing in RICO shall be construed to confer jurisdiction on a State or local unit of government.
United States · United States Congress · 21 June 1988
Expresses the sense of the Congress that the Secretary of the Treasury should not regulate the donation of articles intended to relieve human suffering in Nicaragua, except as authorized for the President under the International Emergency Economic Powers Act.
United States · United States Congress · 16 June 1988
Omnibus Trade and Competitiveness Act of 1988 - Makes the legislative history of H.R. 3 applicable to this Act, with specified exceptions. Title I: Trade, Customs, and Tariff Laws - Sets forth congressional findings and purposes with respect to U.S. trade. Subtitle A: United States Trade Agreements - Part 1: Negotiation and Implementation of Trade Agreements - Declares that the overall U.S. negotiating objectives with respect to trade agreements are to obtain: (1) more open and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; and (3) a more effective system of international trading procedures. Sets forth the principal U.S. trade negotiating objectives with respect to: (1) dispute settlement procedures; (2) improvement of the General Agreement on Tariffs and Trade (GATT) and multilateral trade negotiation agreements; (3) transparency; (4) developing countries; (5) current account surpluses; (6) trade and monetary coordination; (7) agriculture; (8) unfair trade practices; (9) trade in services; (10) intellectual property; (11) foreign direct investment; (12) safeguard measures; (13) specific trade barriers, including the reduction and elimination of tariff and nontariff trade barriers; (14) worker rights; (15) access to high technology; and (16) border taxes. Grants the President the authority, whenever he determines that one or more existing duties or import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States, to: (1) enter, before June 1, 1993, into trade agreements with foreign countries; and (2) proclaim any modification or continuance of duties, continuance of duty-free treatment, or imposition of additional duties, as appropriate. Grants the President the authority to enter, before June 1, 1993, into trade agreements with foreign countries to reduce or eliminate nontariff trade barriers or other distortions or to prohibit or limit the imposition of such barriers or distortions if he determines that they unduly burden or restrict U.S. commerce or adversely affect the U.S. economy, or that the imposition of such barriers or distortions is likely to result in a burden, restriction, or adverse effect. Grants the President the authority, before June 1, 1993, to enter into bilateral trade agreements with foreign countries to eliminate or reduce U.S. duties or trade barriers or distortions to international trade of a foreign country or the United States. Requires the President, before entering into such trade agreements, to consult with specified congressional committees. Sets forth the procedure for entering into such trade agreements. Amends the Trade Act of 1974 to authorize the President, whenever specified actions increase or impose a duty or import restriction, to enter into trade agreements to grant new concessions as compensation to a foreign country that has an existing trade agreement with the United States or to proclaim the modification or continuance of existing duties or duty-free treatment with respect to such agrement if it is necessary to meet U.S. international obligations. Requires the President to determine, before June 1, 1993, whether any major industrial country has failed to make reciprocal trade concessions to the United States under a trade agreement. Requires the President to recommend certain legislation to the Congress with respect to such country if the country has failed to make such concessions. Requires the President to make certain determinations based on specified criteria, regarding state trading enterprises before a foreign country accedes to the GATT. Requires the President, if a country's state trading enterprises meet such criteria, to reserve the right of the United States to withhold extension of such trade agreement between the United States and such country. Provides that, if a country's state trading enterprises meet such criteria, such trade agreement shall not apply between the United States and such country until: (1) such country and the United States enter into an agreement providing that the state trading enterprises will make certain purchases and sales in accordance with commercial considerations and sales; or (2) a bill which approves the extension of such agreement between the United States and such foreign country is enacted. Provides for expedited congressional consideration of such an implementing bill. Part 2: Hearings and Advice Concerning Negotiations - Requires the President, in connection with any proposed trade agreements under this Act, to publish and furnish the International Trade Commission (ITC) with lists of articles which may be considered for modification or continuance of duties, continuance of duty-free or excise treatment, or additional duties. Authorizes the President, in connection with non-tariff trade agreements, to publish and furnish the ITC with lists of non-tariff matters which may be considered for modification. Requires the ITC, with respect to each article or non-tariff matter, to advise the President of the probable economic effects of such modifications on: (1) industries producing like or directly competitive articles; and (2) U.S. manufacturing, agriculture, mining, fishing, services, intellectual property, investment, labor, and consumers. Requires the ITC, in order to assist the President with respect to entering into proposed trade agreements and developing U.S. trade policy, to investigate and report to the President as to the effects of modification of any barrier or other distortion to international trade on domestic workers, industries or sectors, purchasers, prices, and quantities of articles in the United States. Sets forth specified actions the ITC must take in preparing advice on trade matters to the President. Requires the President, before entering into certain trade agreements, to: (1) seek information and advice with regard to such an agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State, and Treasury and from the United States Trade Representative (USTR); and (2) hold public hearings for comments. Permits the President, when seeking certain trade agreements, to make a formal offer for the modification or continuance of any U.S. duty, import restrictions, barriers or distortions to international trade, the continuance of U.S. duty free or excise treatment, or the imposition of additional duties, import restrictions, or other barriers to international trade, including trade in services, foreign direct investment, and intellectual property, with respect to any article or matter only after receiving a summary of the public hearings on such actions and advice from the ITC. Directs the President with respect to offers made in the course of trade negotiations for the modification or continuance of any U.S. duty, import restriction, or barrier to international trade to take into account any advice or reports submitted by: (1) the ITC; (2) the Advisory Committee For Trade Negotiations; or (3) any organization that holds public hearings with respect to any article, or domestic industry that is sensitive or potentially sensitive to imports. Part 3: Other Trade Agreement and Negotiation Provisions - Repeals the Educational, Scientific, and Cultural Materials Importation Act of 1982. Amends the Tariff Schedules of the United States to exempt from duty the following items: (1) catalogs of films, recordings, or other visual and auditory material of an educational, scientific, or cultural character; (2) architectural, engineering, industrial, or commercial drawings and plans, whether originals or reproductions; (3) loose illustrations, reproduction proofs or reproduction films used for the production of books; (4) microfilm, microfiches, and similar film media of printed matter issued by literary or scientific institutions, books with the exception of Bibles and prayer books, newspapers, periodicals, tourist and other literature containing geographic, historical, hotel, or similar information, and manuscripts; (5) puzzles, game, sport, gymnastic, athletic or playground equipment; (6) microfilm, microfiches, or similar film media of crossword puzzle books and toy books; and (7) microfilm, microfiches, or similar film media of official Government publications and documents. Provides that no article of developed photographic film may be exempted from duty unless: (1) a Federal agency designated by the President determines that such article is visual or auditory material of an educational, scientific, or cultural character; or (2) such article is imported by, or certified by the importer to be for the use of, any public or private institution or association approved as educational, scientific, or cultural by a Federal agency designated by the President and is certified by the importer to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations. Provides that if the President determines that there is or may be profitmaking exhibition or use of developed photographic film which interferes significantly with domestic production of similar articles he may prescribe regulations imposing restrictions on the entry of that item to insure its use only for nonprofitmaking activities. Provides that the exemption from duty for holograms for laser projection, motion-picture films, sound records and patterns and wall charts will apply only if such items are: (1) imported by, or certified by the importer to be for the use of, educational, scientific, or cultural institutions certified by a Federal agency; and (2) certified by the importer to be of an educational, scientific, or cultural character or to have been produced by the United Nations. Grants duty-free treatment to: (1) holograms for laser projection; (2) motion picture film; (3) sound recordings; (4) patterns and wall charts; (5) tools specially designed to be used for the maintenance, checking, gauging, or repair of scientific instruments; and (6) articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped person. Removes toy models from the exemption from duty. Authorizes the President to restrict the duty-free treatment accorded to tools for scientific instruments or apparatus or articles for the blind and for other handicapped persons if the duty-free treatment has significant adverse impact on a domestic industry manufacturing or producing a like or directly competitive article and the effect of such change is consistent with the provisions of the relevant annexes of the Florence Agreement or the Nairobi Protocol. Provides that if the President proclaims changes to the Tariff Schedules of the United States to limit duty-free treatments, the rate of duty thereafter applicable shall be the rate determined by the President as the rate which would then be applicable to such article from such source if the duty-free treatment had not been enacted. Allows the President to resume duty-free treatment if he determines it could be restored without significant adverse impact on a domestic industry or portion thereof. Requires the President, before limiting or resuming duty-free treatment, to afford an opportunity for interested Government agencies and private persons to present their views concerning the proposed action. Authorizes the President to remove or modify any condition or restriction imposed for visual or auditory material to implement the Nairobi Protocol. Requires the Secretary of the Treasury and the Secretary of Commerce to obtain statistical information with respect to printed matter. Implements changes in the tariff treatment of the following products pursuant to the United States-European Communities Agreement on Citrus and Pasta: (1) anchovies; (2) certain cheeses; (3) satsuma oranges (mandarin); (4) olives; (5) capers; (6) paprika; (7) cider; and (8) olive oil. Authorizes the President to modify or terminate such changes at any time. Amends the International Coffee Agreement Act of 1980 to extend the effective period of such Act until October 1, 1989. Requires the Secretary of the Treasury to initiate bilateral currency negotiations with a foreign country on an expedited basis whenever, in the course of trade negotiations, the President is advised by the Secretary that such foreign country satisfies specified criteria for initiating bilateral currency negotiations. Requires the President to update each report on wine exports that the President submitted to specified congressional committees pursuant to the Wine Equity and Export Expansion Act of 1984. Requires each updated report to contain: (1) a description of the tariff or nontariff barriers to trade in U.S. wine of each major wine trading country with respect to which the USTR has carried out consultations; (2) the status of such consultations; and (3) other information based on developments since the submission of the President's report on wine exports. Subtitle B: Implementation of the Harmonized Tariff Schedule - Declares that the Congress approves the U.S. accession to the International Convention on the Harmonized Commodity Description and Coding System. Requires the President to submit a copy of each final instrument of the Convention to the Congress. Amends the Tariff Act of 1930 to require the President to make such modifications to the Harmonized Tariff Schedule as are necessary to conform the old Tariff Schedules to the format of the Convention. Requires the ITC periodically to review and recommend modifications to the President with respect to the Harmonized Tariff Schedule. Permits the President to proclaim such modifications if he determines that they: (1) conform to U.S. obligations under the Convention; and (2) do not run counter to U.S. economic interests. Requires the ITC to publish the Harmonized Tariff Schedule. Directs the Secretary of Commerce to compile U.S. import and export trade statistics. Makes the USTR responsible for coordinating U.S. trade policy with respect to the Convention. Sets forth provisions with respect to U.S. participation in the Customs Cooperation Council. Provides for conversion to the Harmonized Tariff Schedule. Amends the Trade Act of 1974 to include digital processing units for automatic data processing machines among the products subject to the President's authority to modify their tariff treatment with respect to the enforcement of trade agreements with foreign countries. Subtitle C: Response to Unfair International Trade Practices - Part I: Enforcement of United States Rights Under Trade Agreements and Response to Certain Foreign Trade Practices - Amends the Trade Act of 1974 to require the USTR, subject to the direction of the President, to take specified action to enforce U.S. trade rights under an agreement or to eliminate unfair trade practices if the USTR determines that: (1) the rights of the United States under any agreement are being denied; or (2) a foreign act, policy, or practice violates or otherwise denies U.S. benefits under any agreement, or burdens or restricts U.S. commerce. Sets forth circumstances under which the USTR is not required to take such action. Requires the USTR to take appropriate action to eliminate any foreign act, policy, or practice whenever he determines: (1) that such act, policy, or practice is unreasonable or discriminatory and burdens or restricts U.S. commerce; and (2) that action by the United States is appropriate. Permits any interested person to file a petition with the USTR requesting action to enforce U.S. trade rights under an agreement or eliminate unfair trade practices. Requires the USTR to initiate an investigation with regard to such petition if an affirmative determination is made. Requires the USTR to consult with the foreign country concerned regarding the issues involved in such investigation. Requires the USTR, based on his investigation and the consultations, to: (1) determine whether U.S. trade rights are being denied under any agreement, or any unfair trade act, policy, or practice exists; and (2) determine what action to take if an affirmative determination is made. Sets forth a timetable for such determinations. Requires the USTR to implement action to eliminate such unfair trade practices or enforce U.S. trade rights within 30 days after such determination is made. Requires the USTR, if he makes an affirmative determination involving export targeting by a foreign country and determines not to take action with respect to such affirmative determination, to: (1) establish an advisory panel to recommend measures to promote the competitiveness of the domestic industry affected by the export targeting; (2) on the basis of a specified panel report, take administrative actions or propose legislation that would restore international competitiveness of the affected domestic industry; and (3) submit to the Congress a report on such actions and legislative proposals. Requires the USTR to monitor each measure undertaken or each agreement entered into by a foreign country to: (1) enforce U.S. trade rights under the agreement; or (2) eliminate any unfair trade practice. Provides for modification or termination of actions to enforce U.S. trade rights or eliminate unfair trade practices. Requires the USTR to make available to any person upon request information concerning: (1) trade practices of a foreign country with respect to goods, services, investment, or intellectual property rights; (2) U.S. trade rights under any agreement and the remedies available under such agreement; and (3) past and present domestic and international proceedings with respect to such practices. Requires the USTR to identify U.S. trade liberalization priorities, including major trade barriers and trade distorting practices which if eliminated would have the most potential to increase U.S. exports. Requires the USTR to initiate an investigation with respect to all priority practices identified by the USTR for each of the priority foreign countries. Requires the USTR to identify: (1) those foreign countries that deny adequate protection of intellectual property rights or deny fair market access to U.S. persons that rely upon intellectual property protection; and (2) those foreign countries that have been determined by the USTR to be priority foreign countries. Requires the national trade estimate prepared annually by the USTR to include a list of the trade barriers of each foreign country and an estimate of the value of additional U.S. goods and services and the value of additional foreign direct investment by U.S. persons that would have been exported to, or invested in, each foreign country if each of such trade barriers did not exist. Requires the USTR to consider the value of such U.S. exports and investments in determining the trade distorting impact of such trade barriers. Changes the date on which such annual report (to be known as the National Trade Estimate) is due to April 30, 1989, and on or before March 31 of each succeeding calendar year. Requires the USTR to initiate an investigation with respect to Japanese practices that are barriers to the offering or performance by U.S. persons of architectural, engineering, construction, and consulting services in Japan. Expresses the sense of the Congress that the President should propose to the Japanese Prime Minister that a summit be held between the leaders of the United States and Japan to: (1) address trade and economic issues; and (2) establish an agreement that provides objectives for improvement in trade and economic relations, including targets for achieving such objectives. Expresses the sense of the Congress that the USTR and other U.S. officials should: (1) give highest priority to concluding and enforcing agreements with Japan which achieve improved market access for U.S. manufacturers of supercomputers and end predatory pricing activities of Japanese companies in the United States, Japan, and other countries; and (2) continue to monitor the efforts of U.S. manufacturers of supercomputers to gain access to Japanese markets while recognizing that Japan may continue to manipulate the government procurement process to maintain the market dominance of Japanese manufacturers. Part 2: Improvement in the Enforcement of Antidumping and Countervailing Duty Laws - Amends the Tariff Act of 1930 to require the administering authority, with respect to antidumping duty cases, to determine whether a foreign subsidy has been provided to a specific foreign enterprise or industry. Requires a finding that subsidies exist with respect to the manufacture, production, or exportation of certain agricultural products processed from raw agricultural products. Permits the USTR to revoke the status of a foreign country as a country under the Agreement on Subsidies and Countervailing Measures if such foreign country: (1) announces that it does not intend, or is not able, to honor its obligations with respect to the United States or the Agreement; or (2) does not in fact honor such obligations. Requires the administering authority, with respect to countervailing duty investigations, to cumulate all subsidies provided to members of any international consortium in determining any countervailing duty upon merchandise that is manufactured by such consortium. Requires the administering authority, if the merchandise involved in a dumping investigation is exported from a nonmarket economy country and it is not possible to accurately determine the foreign market value of such merchandise from the information submitted by such country, to determine the foreign market value on the basis of the trade-weighted average price at which comparable merchandise is sold by a specified eligible market economy country. Provides for determining such foreign market value when there is inadequate information for making such determination. Defines "nonmarket economy country" to mean any country that the administering authority determines does not operate on market principles of cost or pricing structures. Requires the Commissioner of Customs and the ITC to provide the administering authority, upon request, with a copy of all public and proprietary information that they possess that is relevant to dumping proceedings involving merchandise from nonmarket economy countries. Authorizes the administering authority to suspend an antidumping investigation involving a nonmarket economy country if specified conditions are met. Allows a domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign country to petition the USTR for antidumping action if such industry has reason to believe that: (1) such merchandise is being dumped in an Agreement country (Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade-relating to antidumping measures); and (2) such industry is being materially injured, or threatened with material injury, by reason of such dumping. Sets forth provisions relating to input dumping. Allows the administering authority to consider the occurrence of different movements in the prices at which different forms of merchandise subject to an antidumping duty order are sold after the issuance of such order in the foreign country markets from which such merchandise is exported as evidence of the establishment of a fictitious market for the merchandise if the movement in such prices appears to reduce the amount by which the foreign market value of such merchandise exceeds the U.S. price of the merchandise. Authorizes any domestic producer of an article that is like a "component part" or a "downstream product" to petition the administering authority to designate a downstream product for monitoring. Defines "component part" to mean an import that: (1) during the five years preceding the petition has been subject to a countervailing or antidumping duty order or agreement; and (2) is used routinely as a major part in other manufactured articles. Defines "downstream product" to mean any import into which is incorporated any component part. Requires the administering authority, within 14 days of receiving the petition, to determine whether there is a reasonable likelihood that imports of the downstream product will increase as an indirect result of any diversion of such component parts. Sets forth factors to be considered in making such determination. Requires the administering authority to notify the ITC if such determination is affirmative. Requires the ITC to monitor, and report on, the levels of trade in downstream products. Requires the administering authority to: (1) consider the reports in determining whether to initiate an antidumping or countervailing duty investigation on any downstream product; and (2) request the ITC to stop monitoring such product if the reports indicate that imports are not increasing and there is no reasonable likelihood of diversionary dumping of component parts. Authorizes the administering authority, under specified circumstances, to include within an antidumping or countervailing duty order imported parts or components of certain merchandise assembled in the United States or in other foreign countries. Provides that any steel product manufactured in a country that is not party to a bilateral arrangement (a non-arrangement country), from steel melted and poured in a country that is an arrangement country will be treated for purposes of the quantitative restrictions under that arrangement as if it were a product of an arrangement country. Allows an eligible domestic entity to file a petition with the ITC requesting that a product category be established for short life cycle merchandise that becomes the subject of two or more affirmative dumping determinations. Defines "short life cycle merchandise" to mean any product that the ITC determines is likely to become outmoded within four years. Permits the administering authority, if it finds a reasonable basis to suspect that an alleged subsidy is inconsistent with the Agreement after the initiation of a countervailing or antidumping duty investigation, to request the Commissioner of Customs to compile information on an expedited basis regarding entries of the class or kind of merchandise that is the subject of such investigation. Requires the Commissioner to collect information regarding the volume and value of entries of such merchandise and to transmit such information to the administering authority upon request until: (1) a final determination is made with respect to such investigation; (2) such investigation is terminated; or (3) the administering authority withdraws its request for such information. Requires the ITC, if there is an affirmative determination of a subsidy or dumping, and critical circumstances and material injury to an industry exist, to determine whether retroactive imposition of a countervailing or antidumping duty on the merchandise is necessary to prevent recurrence of material injury that was caused by massive imports of such merchandise over a short period of time. Adds to the conditions permitting a foreign exporter to post a bond in lieu of the deposit of estimated antidumping duties in antidumping duty cases: (1) the antidumping duty investigation has not been designated as extraordinarily complicated; (2) the final determination by the administering authority has not been postponed; (3) the person who was sold dumped products provides credible evidence that the amount by which the foreign market value of such products exceeds the U.S. price for such products is significantly less than the amount of such excess specified in the administering authority's antidumping duty order; and (4) the foreign market value and U.S. price data apply to sales in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison by the administering authority. Requires the administering authority, before determining whether to permit the posting of such bond in lieu of the deposit of estimated duties, to: (1) make available all proprietary information supplied to it under protective order to all interested parties; and (2) afford all such parties an opportunity to file comments with respect to the posting of such bond. Provides that certain producers of raw agricultural products may be considered part of the industry producing processed agricultural products for purposes of bringing countervailing and antidumping duty complaints. Sets forth the criteria such producers must meet. Defines "material injury" for purposes of complaints involving imports of a raw agricultural product and products processed from such raw agricultural product. Classifies a coalition or trade association which represents either processors, processors and producers, or processors and growers as interested parties in such investigations. Sets forth specified factors to be considered by the administering authority in determining whether a lease is equivalent to a sale for purposes of antiduming or countervailing investigations. Allows the ITC, in making a determination of material injury in an antidumping or countervailing duty case, to consider other economic factors that are relevant to the determination of such injury. Requires the ITC to explain its analysis and the relevance of each factor considered in making its determination. Adds to the factors that the ITC must consider in examining the impact of imports on a domestic industry the actual and potential negative effects on existing efforts of such industry to develop and produce a type of product derived or developed from an earlier type of product. Requires the ITC to evaluate all relevant economic factors within the context of the business cycle and conditions of competition that are distinctive to such industry. Adds to the factors that the ITC must consider in determining whether the threat of material injury exists: (1) the actual and potential negative effects on existing efforts of a domestic industry to develop and produce a type of product derived or developed from an earlier type of product; and (2) in dumping cases, dumping findings in other countries against the same exporter. Requires the ITC in such dumping cases to request information from the foreign exporter or U.S. importer on threat of material injury. Requires the ITC, in determining whether material injury occurred in an antidumping or countervailing duty case, to assess cumulatively the volume and effect of imports from two or more countries of like products if such imports compete with each other and with like products of the domestic industry in the U.S. market and if such imports: (1) are subject to any countervailing or antidumping duty; or (2) during the preceding 12 months were subjected to a final order, suspension agreement, or quantitative restraint resulting from such an investigation. Requires persons making submissions to the administering authority or the ITC in antidumping or countervailing duty proceedings to certify that such submissions are accurate and complete to the best of that person's knowledge. Provides that the administering authority and the ITC shall require that business information for which proprietary treatment is requested in an antidumping or countervailing duty investigation be accompanied by a statement that such information is of a type that should not be released under an administrative protective order. Requires the administering authority to establish procedures for the correction of ministerial errors in final determinations made with respect to antidumping and countervailing duty investigations. Prohibits antidumping and countervailing duties from being treated as regular customs duties for drawback purposes. Subjects merchandise imported by, or for the use of, a U.S. agency to the imposition of countervailing or antidumping duties. Sets forth specified exceptions. Requires the Secretary of Commerce to undertake a study regarding the new market orientation of the People's Republic of China. Part 3: Protection of Intellectual Property Rights - Amends the Tariff Act of of 1930 to make unlawful (and therefore subject to remedies for unfair trade practices) the importation or sale within the United States, if a related industry exists in the United States or is being established, of articles that: (1) infringe a U.S. patent or copyright or are produced by a process covered by a U.S. patent; or (2) infringe a trademark. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Sets forth the manner of determining whether a U.S. industry exists. Authorizes the ITC to terminate an investigation into unfair practices in the import trade by issuing a consent order or on the basis of a settlement agreement. Authorizes a complainant to petition the ITC to issue an order for the exclusion of certain articles during an investigation into unfair practices in the import trade. Sets forth the timetable for action by the ITC. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property. Provides that the ITC may issue cease and desist orders in addition to or in lieu of exclusionary orders. Increases the penalty for violations of such orders. Requires the ITC to presume the facts alleged in the complaint are true and to issue, upon request, an exclusion from entry or a cease and desist order or both under certain circumstances. Authorizes the ITC to prescribe sanctions for abuse of discovery and abuse of process. Authorizes the ITC to order the forfeiture of an article imported in violation of the import trade unfair practices section if: (1) the importer had previously attempted to import the article; (2) the article was previously denied entry into the United States; and (3) upon such previous denial of entry the Secretary of the Treasury had provided the importer with a specified written notice. Provides that a person who has been previously found to be in violation of the provisions relating to unfair import practices may petition the ITC for a finding that such person is no longer in violation of such provisions or for a modification or rescission of an exclusion. Excludes intellectual property imported by or for the United States from certain exclusion orders. Provides for the protection of the confidentiality of information submitted to the ITC or exchanged among the parties in cases involving unfair import practices. Part 4: Telecommunications Trade - Telecommunications Trade Act of 1988 - Directs the USTR to conduct an investigation to identify priority foreign countries that maintain barriers to U.S. telecommunications products. Requires the USTR within 30 days after such investigation is completed to report on it to the President and appropriate congressional committees. Directs the President to negotiate with such countries for the purpose of entering into an agreement which meets specific negotiating objectives. Sets forth such objectives. Directs the President, if unable to enter into such an agreement, to take whatever actions are necessary to achieve such objectives. Directs the President to take those actions which most directly affect trade in telecommunications products and services with the country concerned, unless it is determined that actions against other economic sectors would be more effective in achieving the negotiating objectives. Sets forth the actions the President may take in such circumstances. Requires the USTR to review annually the effectiveness of: (1) each trade agreement negotiated by the President; and (2) every other trade agreement regarding telecommunications products or services that is in force with respect to the United States. Requires the USTR, with respect to such review, to determine whether a foreign country that has entered into an agreement: (1) is not in compliance with such agreement; or (2) denies to telecommunications products and services of U.S. firms mutually advantageous market opportunities in that country. Authorizes the President to enter into trade agreements with a foreign country to grant concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions if: (1) the President has taken action because no trade agreement could be reached under this Act; and (2) such action is found to be inconsistent with U.S. international obligations, including the GATT. Requires the President to seek advice from a specified interagency trade organization before taking any any action against a foreign country under this Act. Directs the USTR to keep the Congress informed of: (1) the negotiating priorities and objectives for each country involved; (2) the assessment of negotiating prospects; and (3) any U.S. concessions which might be included in negotiations to achieve such objectives. Authorizes the importation of a product that is subject to registration or approval by the Federal Communications Commission (FCC) only if: (1) such product conforms with all applicable FCC regulations; and (2) the information which is required on a specified FCC form is provided to the appropriate customs officer at the time of entry into the United States. Directs the FCC, the Secretary of Commerce, and the USTR to provide enforcement assistance to the Secretary of the Treasury upon request. Directs the Secretary of the Treasury to provide the Congress with information on such imports. Directs the Secretary of Commerce to study the competitiveness of the U.S. telecommunications industry and the effects of foreign telecommunications policies on it in order to assist the Congress and the President in determining what actions might be necessary to preserve such competitiveness. Subtitle D: Adjustment to Import Competition - Part 1: Positive Adjustment by Industries Injured by Imports - Amends the Trade Act of 1974 to require the President to take appropriate action to help an affected industry make a positive adjustment to import competition if the ITC determines that an article is being imported in such increased quantities as to be a substantial cause (or threat) of serious injury to such industry, which produces an article like or directly competitive with the imported article. Authorizes an entity, including a trade association, firm, union, or group of workers, to file a petition with the ITC requesting action to facilitate positive adjustment to such import competition. Permits a petitioner to submit to the ITC and the USTR a plan to facilitate positive adjustment to such competition. Requires the ITC (upon the filing of a petition, the request of the President or the USTR, the resolution of either the House Committee on Ways and Means or the Senate Committee on Finance, or on its own motion) to investigate whether an article is being imported in such increased quantities as to be a substantial cause (or threat) of serious injury to such industry. Sets forth factors the ITC shall take into account when making such determinations. Authorizes an entity which represents an industry that produces a perishable agricultural product which is like or directly competitive with an imported perishable agricultural product to file a request with the USTR for the monitoring of such imported products. Requires the USTR, within 21 days of such request, to determine if: (1) such import is a perishable agricultural product; and (2) there is a reasonable indication that such product is being imported in such increased quantities as to be, or likely to be, a substantial cause (or threat) of serious injury to an industry. Requires the President, if he considers provisional relief to be warranted, to proclaim any relief necessary to prevent or remedy such injury or threat. Requires the ITC, with respect to affirmative determinations of import injury, to make recommendations about such injury to a domestic industry. Requires the ITC to submit to the President a report on each import injury investigation. Requires the ITC, with respect to such affirmative determinations, to notify the Secretary of Labor and the Secretary of Commerce. Requires such Secretaries to give expedited consideration to petitions by workers for certification of eligibility for trade adjustment assistance. Requires the President, after receiving an affirmative finding of serious injury to a domestic industry, to take appropriate action to facilitate industry efforts to make a positive adjustment to import competition. Directs the President to transmit to the Congress a document describing such actions. Authorizes the President to negotiate orderly marketing agreements with foreign countries if he takes action other than the implementation of such agreements. Sets forth provisions relating to the monitoring, modification, and termination of action implemented under this Act. Part 2: Market Disruption - Declares that affirmative determinations of the ITC with respect to market disruption due to imports from Communist countries must be treated as affirmative determinations requiring action for positive adjustment to import competition under this Act. Sets forth specified factors to be considered by the ITC when making determinations as to the existence of market disruption. Part 3: Trade Adjustment Assistance - Revises the eligibility requirements for trade adjustment assistance for workers and firms. Authorizes the eligibility certification for such assistance of: (1) firms (including those in the oil and gas industry) if increased imports of articles like or directly competitive with articles produced by such firms contribute to a worker's total or partial separation from employment, or threat thereof, and to a decline in sales or production; and (2) workers (including workers in the oil and gas industry) if there are increased imports of articles that are competitive with articles to which the workers or firms provide essential goods or services. Requires the Secretary of Labor to notify each worker who is covered by a certification for trade adjustment assistance. Requires a worker, in order to receive cash assistance, to: (1) be enrolled in a training program approved by the Secretary of Labor; (2) have completed such a program; or (3) have received a written certification from the Secretary or the relevant State or State agency that it is not feasible or appropriate to approve a training program for such worker. Prohibits payment of such assistance to such worker if the worker has failed to begin, or has ceased to participate in, such training program and there is no justifiable cause for such failure or cessation, or the certification for such assistance is revoked, until the worker begins or resumes participation in such training program. Requires the Secretary of Labor to report annually to specified congressional committees on the number of workers who received certifications of job training and the number of such certifications revoked during the preceding year. Directs the Secretary to establish for FY 1989 and 1990 one or more supplemental wage allowance demonstration projects. Limits such allowances to no more than 52 weeks. Requires the Secretary to transmit to the Congress a report regarding such demonstration projects. Requires that if the Secretary approves training for adversely affected workers, the training must be reasonably available. Provides that such training may be paid for directly or through a voucher system. Includes as an approved training program for adversely affected workers: (1) any remedial education program; and (2) any training program for which all, or any portion, of the costs of training the worker are paid under any Federal or State program or from any other source other than from this Act. Limits the total amount of payments for each adversely affected worker to $120,000 for any fiscal year. Requires agreements entered into with States for the provision of training program services for adversely affected workers to include the coordination of the administration of employment services, training, and supplemental job assistance for such workers. Requires each cooperating State agency (agency which provides trade adjustment assistance services) to advise adversely affected workers of training opportunities as soon as practicable. (Current law requires the agency to provide such advice within 60 days of receiving an application for training.) Revises the period of time that trade readjustment allowances can be paid to an adversely affected worker. Terminates on September 30, 1993, trade adjustment assistance programs for workers, technical assistance for firms, and the imposition of import fees to fund such programs. Authorizes appropriations for trade adjustment assistance for workers and for firms through FY 1993. (Current law authorizes such appropriations through FY 1991.) Establishes within the Treasury a Trade Adjustment Assistance Trust Fund. Provides for funding the Trust Fund. Requires the amounts in the Trust Fund to be used to: (1) pay drawbacks and refunds of the duty imposed on all imports under the Trade Act of 1974; (2) carry out trade adjustment assistance for workers and firms; and (3) repay advances made to the Trust Fund from appropriations. Prohibits the use of the amounts in the Trust Fund to pay certain loans guaranteed under programs for trade adjustment assistance for firms. Limits the amount for payment of trade adjustment assistance for workers and firms to available funds in the Trust Fund. Authorizes appropriations to the Trust Fund for payment of such assistance. Directs the President to undertake negotiations to change the GATT to allow countries to impose a small uniform fee on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs. Directs the President to report to the Congress in 1989 and 1990 on the progress of such negotiations. Directs the President to report to the Congress as soon as the GATT allows the imposition of such a fee. Imposes an additional fee on all imports into the United States, including those imports granted duty-free treatment, with specified exceptions. Directs the Secretary of Labor to conduct a study of the methods that could be used to expedite the certification of workers and firms for trade adjustment assistance. Subtitle E: National Security - Amends the Trade Expansion Act of 1962 to require the Secretary of Commerce (Secretary) to initiate an investigation to determine the effects of imports on U.S. national security upon the request of the head of a Federal agency, application of an interested party, or upon the Secretary's motion. Requires the Secretary of Defense to provide the Secretary with an assessment of the defense requirements of any imported article that is the subject of such an investigation. Requires the Secretary to submit to the President a report on the findings of such investigation with respect to the effect of the importation of such article on national security. Requires the President, within 90 days after receiving a report from the Secretary finding that an article is being imported in such quantities or circumstances as to threaten to impair national security, to: (1) determine whether he concurs with the Secretary's finding; and (2) if he concurs, determine the nature and duration of the action he must take to eliminate such threat to national security. Requires the President, within 30 days of determining what action to take, to submit to the Congress a written statement of the reasons why he has decided to take action or has refused to take action. Repeals a provision of the Trade Act of 1974 relating to presidential reports to the Congress about actions taken with respect to imports that threaten to impair national security. Sets forth provisions relating to the enforcement of machine tool import arrangements. Subtitle F: Trade Agencies; Advice, Consultation, and Reporting Regarding Trade Matters - Part 1: Functions and Organization of Trade Agencies - Subpart A: Office of the United States Trade Representative - Amends the Trade Act of 1974 to revise the duties of the USTR. Requires the USTR to: (1) coordinate the application of Federal interagency resources to specific unfair trade practice cases; (2) identify each act, policy, or practice that may be inconsistent with a trade agreement or has an adverse impact on U.S. commerce or on domestic firms or industries; (3) identify practices that have an adverse impact on U.S. commerce which the attainment of U.S. negotiating objectives would eliminate; and (4) identify, on a biennial basis, those U.S. policies and practices which if engaged in by foreign countries, might constitute unfair trade practices under U.S. law. Subpart B: United States International Trade Commission - Amends the Tariff Act of 1930 to make the International Trade Commission an independent Federal agency. Prohibits the ITC from releasing confidential business information with respect to investigations concerning the effects of U.S. customs laws unless the party submitting such information has notice that such information would be released by the ITC, or such party subsequently consents to such release. Requires the Trade Remedy Assistance Office of the ITC to provide technical and legal assistance and advice (currently only technical advice) to eligible small businesses with respect to petitions for trade remedies and benefits under U.S. trade laws. Subpart C: Interagency Trade Organization - Amends the Trade Expansion Act of 1962 to revise provisions relating to the functions and composition of the interagency trade organization. Expresses the sense of the Congress that such organization should be the principal interagency forum within the executive branch on international trade policy matters. Part 2: Advice and Consultation Regarding Trade Policy, Negotiations, and Agreements - Amends the Trade Act of 1974 to revise provisions relating to private sector and non-Federal information and advice given to the President with respect to the negotiation of trade agreements. Requires the President to establish an Advisory Committee for Trade Policy and Negotiations (currently the Advisory Committee for Trade Negotiations) to provide overall policy with respect to the negotiation of such trade agreements. Revises provisions relating to the selection of congressional advisors on trade policy and negotiations. Part 3: Annual Reports and National Trade Policy Agenda - Requires the President to submit to the Congress an annual report on the national trade policy agenda for the United States. Subtitle G - Tariff Provisions - Part 1: Amendments to the Tariff Schedules of the United States - Subpart A: Permanent Changes in Tariff Treatment - Amends the Tariff Schedules of the United States to create a new tariff classification to cover imports of certain woven fabrics of man-made fibers. Creates a new tariff classification for, and imposes a duty on, motor fuel blending stocks. Revises special marking requirements for watches and watch components. Excludes the dials of watches and clocks from such requirements. Permits such marking to be done by mold-marking. Deletes the requirement of including information on watch adjustments. Changes the definition of iron and steel slabs to include those exceeding six inches in thickness. Increases the duty on certain gloves by classifying work gloves made of a textile fabric coated with rubber or plastics as gloves of textile material rather than as gloves of rubber or plastics. Provides permanent, duty-free treatment for hatters' fur. Excludes extracorporeal shock wave lithotripters with respect to the duty treatment of electro-surgical apparatus. Reduces the duty on salted and dried plums. Amends the definition of "complete" as used to describe television receivers to mean a television receiver fully assembled in its cabinet (currently, assembled). Provides that picture tubes imported in combination with, or incorporated into, other articles are to be classified in specified tariff schedules, unless they are: (1) incorporated into complete television receivers; (2) incorporated into fully assembled units; (3) put up in kits containing all the parts necessary for assembly into complete television receivers; or (4) put up in kits containing all the parts necessary for assembly into fully assembled units. Provides for duty-free treatment of color television picture tubes of a specified size through December 31, 1990, and September 30, 1988. Reclassifies and imposes a duty on casein, caseinates, and dried milk for human food and animal feed use. Defines plywood and wood verneer panels to include an edge which has been tongued, grooved, lapped, or otherwise worked. Excludes plywood, wood veneer panels, or cellular panels from building boards. Provides a duty on fresh and concentrated grapefruit juice. Provides that the term "synthetic plastics materials" includes silicones whether or not such materials are solid in the finished articles. Places a duty on silicone resins and materials. Provides that the term "rubber" does not include silicones. Subpart B: Temporary Changes in Tariff Treatment - Suspends through December 31, 1990, the tariff on: (1) color couplers and coupler intermediates; (2) specified chemicals; (3) carding and spinning machines specially designed for wool; (4) silk yarn; (5) parts of indirect process electrostatic copying machines; (6) certain plastic sheeting; (7) doll wig yarns; (8) jacquard cards and jacquard heads; (9) tungsten ore; (10) certain stuffed toy figures; (11) kitchenware of transparent, nonglazed glass ceramics; (12) needles for knitting machines; and (13) certain hosiery knitting machines. Suspends through October 31, 1992, the tariff on: (1) certain knitwear fabricated in Guam; and (2) specified chemicals. Suspends through December 31, 1987, the tariff on extracorporeal shock wave lithotripters imported by nonprofit institutions. Provides for a temporary reduction of duties on glass inners for vacuum vessels. Suspends through December 31, 1990, the tariff on: (1) certain offset printing presses; (2) certain bicycle parts; (3) frozen cranberries; (4) specified chemicals; and (5) power-driven weaving machines for fabrics more than 16 feet in width. Extends through December 31, 1990, the suspension of duties on: (1) cantaloupes; (2) certain wools; (3) needlecraft display models; (4) specified chemicals; (5) certain clock radios; (6) machines designed for heat-set, stretch texturing of continuous man-made fibers; (7) mixtures of mashed or macerated hot red peppers and salt; (8) certain small toys; (9) stuffed dolls, certain toy figures, and skins thereof; (10) umbrella frames; (11) crude feathers and down; (12) menthol feedstocks; (13) natural graphite; (14) narrow weaving machines; (15) certain lace-braiding machines; (16) certain hovercraft skirts; (17) surgical gowns; and (18) nicotine resins. Subpart C: Effective Dates - Sets forth effective dates for amendments made by this part. Part 2: Miscellaneous Provisions - Allows specified articles to be imported duty free for use in construction of the telescope for the W.M. Keck Observatory Project in Mauna Kea, Hawaii. Provides for the reliquidation, without liability of the importer of record for antidumping duties, of specified entries. Directs the Secretary of the Treasury to reliquidate, as duty-free, four specified entries covering tubular tin products, if a certificate of actual use for the products is submitted to the U.S. Customs Service at the port of entry after September 30, 1988, and before April 1, 1989. Provides that the entry for consumption in October 1986 of any extracorporeal shock wave lithotripter exclusively for use in Hawaii shall be free of duty. Requires an appropriate refund after September 30, 1988. Provides that the entry of certain transistors between March 1, 1985, and November 6, 1986, will be liquidated or reliquidated as if the entry had occurred on November 6, 1986, if a proper request is filed after September 30, 1988, and before April 1, 1989. Subtitle H: Miscellaneous Customs, Trade, and Other Provisions - Part 1: Customs Provisions - Amends the Tariff Act of 1930 to require customs officers who seize imported pornography to transmit information about it to the United States Attorney of the district of either: (1) the office at which the seizure took place; or (2) the place to which the book or other matter is addressed. Requires the United States Attorney to institute proceedings for the forfeiture, confiscation, and destruction of the book or matter seized. Increases the period for instituting judicial proceedings for the forfeiture of seized pornography imports to 30 days (from 14 days). Requires an allowance to be made for all detectable moisture and impurities found in imported crude oil or petroleum products when ascertaining tare on such imports. Amends the Trade Act of 1974 to allow the President to designate for duty free treatment watches entered after June 30, 1989, which the President specifically determines will not cause material injury to watch or watch band, strap, or bracelet manufacturing and assembly operations in U.S. or the United States insular possessions. Amends the Tariff Act of 1930 to require the Secretary of the Treasury to publish guidelines establishing standards for setting the terms and conditions for cancellation of bonds or charges. Amends the Trade and Tariff Act of 1984 to specify that the Pontiac/Oakland Michigan airport will become a reimbursable customs port. Expresses the sense of the Congress that the President should express U.S. opposition to the Soviet Union's slave labor practices, including refusing to permit the importation of products made by such labor. Amends the Tariff Act of 1930 to increase the penalties for any person who violates country-of-origin marking requirements under such Act. Requires containers of imported preserved mushrooms to indicate in English the country in which they were grown. Provides that Native-American style jewelry and Native-American style arts and crafts will be considered to be in compliance with the Tariff Act of 1930 only if the English name of the country of origin is indelibly marked in a conspicuous place. Allows a duty-free sales enterprise to be located anywhere within: (1) the port of entry from which purchasers of duty-free merchandise depart the customs territory; and (2) 25 statute miles from the exit point where purchasers of duty-free merchandise depart the customs territory. Requires each duty-free enterprise to: (1) establish procedures for reasonable assurance that duty-free merchandise will be exported; (2) enforce guidelines that the merchandise sold will be for personal use if the enterprise is in an airport; (3) display notices stating that duty-free merchandise has not been subject to any Federal duty or tax, must be declared and is subject to Federal duty and tax if brought back to the customs territory, and is subject to the customs laws and regulation of any foreign country to which it is taken; (4) place the merchandise in a duty-free sales enterprise before it is unpacked into saleable units; and (5) deliver duty-free merchandise to the purchaser in an airport, at the exit point of a specific departing flight, within the aircraft on which the purchaser will depart, or by any other reasonable method if the duty-free enterprise is an airport store or to a location beyond the exit point or any location approved by the Secretary before the passage of this Act if the enterprise is a border store. Prohibits the transfer of merchandise for a duty-free enterprise to or through such a facility unless the operator demonstrates to the Secretary of the Treasury that he has obtained any concession or approval required by State or local authorities. Allows the sale of merchandise other than duty-free merchandise, providing it has not been stored in a bonded warehouse facility other than a bonded facility used for retail sales. Removes the exemption from duty if merchandise bought at a duty-free sales enterprise is brought back to the customs territory. Requires the Secretary to establish by regulation a separate class of bonded warehouses for duty-free sales enterprises. Amends the Caribbean Basin Economic Recovery Act to authorize the President to withdraw, suspend, or limit duty-free treatment of articles imported from a beneficiary country if he determines that changed circumstances would bar such country from being designated a beneficiary country under such Act. Amends the Tax Reform Act of 1986 to extend through 1989 duty-free treatment of ethyl alcohol and mixtures thereof from Caribbean countries. Requires the USTR to request relevant agencies to prepare recommendations for improving the enforcement of import restrictions on articles from Cuba. Part 2: Miscellaneous Trade Provisions - Requires the Director of the Census to conduct a study to determine the feasibility of developing an index: (1) that measures the real volume of merchandise trade monthly; and (2) that would be reported simultaneously with the U.S. balance of trade. Requires U.S. trade statistics to be adjusted for inflation or deflation. Expresses the sense of the Congress with respect to U.S. exports of coal to Japan. Declares that the Congress supports U.S. negotiators in efforts to expand opportunities for U.S. automotive parts producers to supply original and replacement parts for Japanese automobiles. Requires the USTR and the Secretary of Commerce to report to the Congress at the conclusion of the MOSS talks with respect to purchases by Japanese firms of U.S. automotive parts. Directs the Secretary of Commerce, after receiving certain study results from the Secretary of Energy, to report recommendations to the President and the Congress for actions to address any impact of imports of crude oil and petroleum products on domestic crude oil exploration and production and the domestic petroleum refining capacity. Directs the USTR to conduct a study of trade barriers erected by auto producing countries against automobile imports and the impact of such barriers on the diversion of automobile imports into the United States. Directs the ITC to monitor and investigate for a two-year period the importation of fresh, chilled, and frozen lamb meat. Part 3: Other Provisions - Amends the Interal Revenue Code to repeal the windfall profit tax on crude oil. Title II: Export Enhancement - Export Enhancement Act of 1988 - Subtitle A: Trade and Foreign Policy - Part 1: Relations with Certain Countries - Urges the President within the context of the Bilateral Framework Agreement on Trade and Investment to continue to pursue consultations with Mexican representatives with respect to implementation of such Agreement and the expansion of trade and investment. Expresses the sense of the Congress that the President should persuade all countries to desist from further transfers of offensive weaponry to belligerent countries in the Persian Gulf region. Part 2: Fair Trade in Auto Parts - Fair Trade in Auto Parts Act of 1988 - Requires the Secretary of Commerce to establish an initiative to increase the sale of U.S.-made auto parts to Japanese markets. Sets forth specified actions the Secretary should take to achieve such increase in sales. Directs the Secretary to establish a Special Advisory Committee. Sets forth the functions of the Committee, including to: (1) report to the Secretary on Japanese barriers to sales of U.S. auto parts in Japanese markets; (2) advise the Secretary during consultation with Japan on issues concerning such sales; and (3) report to the Congress on the progress of such U.S. sales to Japan. Subtitle B: Export Enhancement - Part 1: General Provisions - Requires the American Institute of Taiwan to employ personnel to perform duties similar to those performed by U.S. and Foreign Commercial Service personnel. Requires the Secretary of State to prepare and transmit to the House Committees on Foreign Affairs and on Ways and Means and the Senate Committees on Foreign Relations and on Finance, and to other appropriate committees a report regarding the economic policy and trade practices of each country with which the United States has a trade relationship. Declares that the Congress reaffirms its support for the Overseas Private Investment Corporation and urges such Corporation to increase its loan guaranty and direct investment programs. Amends the Foreign Assistance Act of 1961 to increase from $750,000,000 to $1,000,000,000 the maximum contingent liability of the Corporation for guarantees under the facultative reinsurance program. Authorizes the Corporation to make loans for direct investment in foreign corporations of not less $25,000,000 in each fiscal year. Declares that the Congress reaffirms its support for the Trade and Development Program. Authorizes the use of development program funds by the President for planning, development, management, and procurement for both bilateral and multilateral projects (including training activities) in order to promote the use of U.S. exports in such projects. Establishes the Trade and Development Program as a separate agency of the International Development Cooperation Agency. Provides for the appointment of the Director of the Trade and Development Program. Requires the Director to establish an advisory board. Authorizes appropriations. Amends the Trade and Development Enhancement Act of 1983 to transfer functions of the Agency for International Development relating to the tied aid credit program to the Trade and Development Program. Directs the President to establish an interagency group on countertrade to review and evaluate: (1) U.S. policy on countertrade and offsets; (2) the use of countertrade and offsets in U.S. exports and bilateral U.S. foreign economic assistance programs; and (3) the need for negotiating with other countries to reach agreements on the use of such countertrade and offsets. Establishes the Office of Barter within the International Trade Administration of the Department of Commerce to: (1) monitor information relating to trends in international barter; (2) disseminate such information to business firms and other interested persons; and (3) provide assistance to enterprises seeking barter and countertrade opportunities. Sets forth provisions relating to the protection of intellectual property. Requires the Secretary of State to conduct a study concerning the utility of specified reports regarding the status of internationally recognized worker rights in foreign countries. Expresses the sense of the Congress with respect to the Japanese importation of goods from less developed countries. Expresses the sense of the Congress that the United States should encourage Japan to end its boycott of trade with Israel. Expresses the sense of the Congress that the United States should become a party to the Convention on the Control and Marking of Articles of Precious Metals in order that the U.S. jewelry industry may penetrate foreign markets. Amends the Foreign Assistance Act of 1961 to authorize the issuance of loan guarantees for the development of private enterprises, including cooperatives in developing countries. Part 2: Assistance to Poland - American Aid to Poland Act of 1988 - Authorizes appropriations for FY 1988 for purposes of implementing the 1987 United States-Polish science and technology agreement. Authorizes the donation of surplus agricultural commodities to Poland. Authorizes the use of nonconvertible Polish currencies held by the United States for eligible projects approved by a U.S.-Polish Joint Commission. Sets forth such eligible projects. Establishes a U.S.-Polish Joint Commission to approve such projects. Authorizes appropriations for FY 1988 and 1989 for providing medical supplies and hospital equiment to Poland through private and voluntary organizations. Subtitle C: Export Promotion - Requires the Secretary of Commerce to establish the United States and Foreign Commercial Service within the International Trade Administration. Directs the Commercial Service to place emphasis on the promotion of U.S. exports of goods and services, particularly by small and medium-sized businesses, and on the protection of U.S. businesses abroad. Provides for the appointment of a procurement officer to serve with the Executive Directors of multilateral development banks. Authorizes the Secretary of Commerce to establish a Market Development Cooperator Program within the International Trade Administration to develop, maintain, and expand foreign markets for U.S. nonagricultural goods and services. Directs the Secretary to establish a partnership program with cooperators as part of the Market Development Cooperator Program. Requires the Secretary to provide assistance for trade shows involving U.S. businesses seeking to export goods or services to foreign countries (including small businesses new to exporting). Amends the Export Administration Amendments Act of 1985 to authorize appropriations for such export promotion programs for FY 1988 through 1990. Sets forth provisions relating to the Commercial Service's promotion of U.S. goods and services to Japan, South Korea, and Taiwan. Authorizes the Secretary of Commerce to provide grants to entities for the development of foreign markets for American Indian arts and crafts. Amends the Export Administration Amendments Act of 1985 to authorize the Secretary of Commerce to provide for the printing and distribution outside of the United States of documents related to any export promotion program. Amends the Agricultural Trade Development and Assistance Act of 1954 to include the construction of low- and medium-income housing and shelter within the definitions of "private sector development activity" and "private enterprise investment." Amends the Export Trading Company Act of 1982 to require the Office of Export Trade to establish a program to assist the operation of other export intermediaries, including existing and newly formed export management companies. Requires the Secretary of Commerce to submit a report to specified congressional committees on the activities of the Department of Commerce to promote the formation of new and the operation of existing and new export promotion intermediaries, including export management companies, export trade associations, bank export trading companies, and export trading companies. Subtitle D: Export Controls - Part 1: Export Controls Generally - Amends the Export Administration Act of 1979 to prohibit any fee charge in connection with the submission or processing of an export license application. Authorizes the Secretary of Commerce to issue distribution licenses for consignees in the People's Republic of China. Excludes China from the definition of "controlled country" for purposes of such Act. Sets forth provisions with respect to: (1) the reexport of goods and technology to countries which maintain comparable export controls on such goods and technology; (2) export of goods and technology to non-controlled countries; (3) export control lists, including the review of such lists; (4) trade shows; (5) foreign availability of goods and technology to controlled and non-controlled countries; (6) the review of the performance levels of goods and technology; (7) the control of microprocessors containing controlled parts or components; (8) foreign policy controls; (9) the review of restrictions on exports of crude oil produced in the contiguous United States; (10) the review of export license applications by the Secretary of Defense; (11) violations of the export control laws; (12) the enforcement of such laws; and (13) the judicial review of orders denying the issuance of export licenses. Authorizes appropriations to the Department of Commerce for FY 1989. Terminates the Export Administration Act of 1979 on September 30, 1990. Directs the Secretary of Commerce to monitor for a two-year period, beginning on the enactment of the Omnibus Trade and Competitiveness Act of 1988, exports of processed and unprocessed wood to all countries of the Pacific Rim (Japan, South Korea, and Taiwan). Directs the Secretary of Commerce and Defense to conduct a study on U.S. national security export controls. Part 2: Multilateral Export Control Enhancement - Multilateral Export Control Enhancement Amendments Act - Requires the President to impose, for a three-year period, a prohibition on: (1) any U.S. Government contracting with, or procurement of products and services from, the Toshiba Machine Company, the Kongsberg Trading Company, or any other foreign persons who help divert advanced milling machinery to the Soviet Union; and (2) the importation of products produced by such companies or foreign persons. Requires a similar three-year ban on U.S. Government contracts with or procurement from the Toshiba Corporation and Kongsberg Vaapenfabrikk by any U.S. agency. Sets forth specified exceptions. Sets forth provisions relating to: (1) multilateral export control violations; and (2) improvement of multilateral cooperation with respect to export controls. Amends the Trade Expansion Act of 1962 to repeal specified provisions of the Department of Defense Appropriations Act, 1988 with respect to the prohibition on the use of funds to purchase goods or services from the Toshiba Corporation or Kongsberg Vaapenfabrikk. Subtitle E: Miscellaneous Provisions - Amends the Trading with the Enemy Act to set forth provisions relating to the termination of the Office of Alien Property as it relates to World War II war claims. Limits the authority of the President to regulate or prohibit the importation or exportation of publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, or other informational materials which are not otherwise controlled for export under the Export Administration Act of 1979. Amends the International Emergency Economic Powers Act to set forth similar limitations. Title III: International Financial Policy - Subtitle A: Exchange Rates and International Economic Policy Coordination - Exchange Rates and International Economic Policy Coordination Act of 1988 - Declares it is U.S. policy that: (1) the United States and other major industrialized countries should take steps to continue the process of coordinating monetary, fiscal, and structural policies initiated in the Plaza Agreement of September 1985; (2) the goal of the United States in international economic negotiations should be to achieve macroeconomic policies and exchange rates consistent with more sustainable balances in trade and capital flows and to foster price stability in conjunction with economic growth; (3) the United States, in coordination with other major industrialized countries, should participate in international currency markets with the objective of producing more orderly adjustment of foreign exchange markets and assisting adjustment toward a more sustainable balance in current accounts; and (4) the accountability of the President for the impact of economic policies and exchange rates on trade competitiveness should be increased. Requires the President to negotiate with other countries to: (1) achieve better coordination of macroeconomic policies of the major industrialized nations, including more sustainable levels of trade and current account balances, and exchange rates of the dollar and other currencies consistent with such balances; and (2) develop a program for improving existing mechanisms for coordination and improving the functioning of the exchange rate system to provide for long-term exchange rate stability consistent with more sustainable current account balances. Directs the Secretary of the Treasury annually to analyze the exchange rate policies of foreign countries and to consider whether countries manipulate the rate of exchange between their currencies and the U.S. dollar for purposes of preventing effective balance of payments adjustments or of gaining unfair competitive advantage in international trade. Requires the Secretary, if he considers that such manipulation is occurring with respect to countries with material global current account surpluses and significant bilateral trade surpluses with the United States, to initiate negotiations with such countries in the International Monetary Fund or bilaterally to ensure that they regularly adjust the exchange rates between their currencies and the U.S. dollar. Requires the Secretary of the Treasury to submit to specified congressional committees a report regarding international economic policy, including exchange rate policy. Sets forth the contents of such report. Amends the Federal Reserve Act to include, in a specified annual report of the Board of Governors of the Federal Reserve System to the Congress, an analysis of the impact of the U.S. dollar's exchange rate on the U.S. economy. Subtitle B: International Debt - Part 1: Findings, Purposes, and Statement of Policy - International Debt Management Act of 1988 - Sets forth congressional findings concerning international debt issues and sets forth the purposes and policy of this title. Part 2: The International Debt Management Authority - Requires the Secretary of the Treasury to study the feasibility and advisability of establishing the International Debt Management Authority which would undertake to: (1) purchase sovereign debt of less developed countries from private creditors at an appropriate discount; (2) enter into negotiations with debtor countries for the purpose of restructuring debt; and (3) assist the creditor banks in the voluntary disposition of their Third World loan portfolio. Lists specific proposals which the Secretary should include in such discussions. Requires the Secretary to report to the Congress on a regular basis on the progress being made on such study and in such discussions. Prohibits the use of any funds, appropriations, contributions, financial guarantee, or any other financial support or obligation of the United States for the creation, operation, or support of the Authority without the express approval of the Congress through subsequent law. Requires the U.S. Executive Director of the International Monetary Fund (IMF) and the U.S. Executive Director of the World Bank to request the management of the IMF and of the World Bank, respectively, to prepare an analysis of the debt burden of the developing countries. Part 3: Regulatory Provisions Affecting International Debt - Expresses the sense of the Congress that regulations prescribed by Federal banking regulatory agencies which affect the international assets of the U.S. commercial banks should grant the widest latitude to the banks for negotiating principal and interest reductions with respect to obligations of heavily indebted countries. Sets forth provisions concerning such debtor countries with regard to: (1) debt restructuring; (2) recapitalization; (3) depository reserves for loan losses; and (4) data on foreign loan risks. Requires the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation to conduct a study to determine the extent of any regulatory obstacle to negotiated reductions in the debt service obligations associated with a foreign debt. Requires the Secretary of the Treasury to conduct a study of the feasibility and the efficacy of reducing the international debt of the poorest of the heavily indebted countries through a one-time allocation by the IMF of limited purpose Special Drawing Rights to such countries. Subtitle C: Multilateral Development Banks - Multilateral Development Banks Procurement Act of 1988 - Requires the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to give high priority to promoting opportunities for the export of U.S. goods and services and, in carrying out this function, to investigate complaints from U.S. bidders about the award of procurement contracts by such banks. Directs the Secretary of the Treasury to designate an officer of multilateral development bank procurement within the Office of International Affairs in the Department of the Treasury. Subtitle D: Export-Import Bank and Tied Aid Credit Amendments - Export-Import Bank and Tied Aid Credit Amendments of 1988 - Amends the Export-Import Bank Act of 1945 to authorize appropriations for the Tied Aid Credit Fund for FY 1989. Requires the President and Chairman of the Export-Import Bank, on or before December 31, 1988, to submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report identifying and analyzing the tied aid credit practices of other countries and to make recommendations for dealing with such practices. Requires the President and such chairman, within 90 days after enactment of this Act, to submit to the House Committee on Banking, Finance and Urban Affairs and the Senate Committee on Banking, Housing, and Urban Affairs a report which contains: (1) an assessment of the effectiveness of recent program changes in increasing U.S. exports to developing countries; and (2) an identification of additional specific policy changes which would enable the Export-Import Bank to increase the financing of U.S. exports to developing countries and would encourage greater private sector participation in such financing efforts. Provides that, for purposes of determining "substantial injury" with respect to certain Export-Import Bank determinations, the extension of credit or guarantee by the Bank will cause substantial injury if the amount of the capacity for production established, or the amount of the increase in such capacity expanded, by such credit or guarantee equals or exceeds one percent of U.S. production. Subtitle E: Export Trading Company Act Amendments - Export Trading Company Act Amendments of 1988 - Amends the Bank Holding Company Act of 1956 to set forth provisions with respect to the determination of whether a company is operating as an export trading company. Prohibits the Board of Governors of the Federal Reserve System from disapproving a proposed investment solely because of the proposed assets-to-equity ratio of an export trading company unless such ratio is greater than 20-to-one. Prohibits the Board from imposing a dollar limit on the amount of goods an export trading company may maintain in inventory, except under specified circumstances (such as such action being found necessary to prevent unduly burdensome risks being borne by the investor bank holding company). Subtitle F: Primary Dealers - Primary Dealers Act of 1988 - Prohibits the Federal Reserve Board and the Federal Reserve Bank of New York from designating any person of a foreign country as a primary dealer in government debt instruments if that foreign country does not accord to United States companies the same competitive opportunities in the underwriting and distribution of government debt instruments issued by that country as it accords to domestic companies. Allows an exception to such prohibition for countries having or negotiating bilateral agreements with the United States. Subtitle G: Financial Reports - Financial Reports Act of 1988 - Requires the Secretary of the Treasury, in conjunction with the Secretary of State, the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Department of Commerce, to report to the Congress on: (1) the foreign countries from which foreign financial services institutions have entered into the business of providing financial services in the United States; (2) the kinds of financial services being offered; (3) the extent to which such countries deny national treatment to U.S. banking organizations and securities companies; and (4) the efforts undertaken by the United States to eliminate such discrimination. Requires the President (when advantageous) to conduct discussions with the governments of countries that are major financial centers, aimed at: (1) ensuring that U.S. banking organizations and securities companies have access to foreign markets and receive national treatment in those markets; (2) reducing or eliminating barriers to, and other distortions of, international trade in financial services; (3) achieving reasonable comparability in the types of financial services permissible for financial service companies; and (4) developing uniform supervisory standards for banking organizations and securities companies, including uniform capital standards. Requires consultation with the Congress prior to entering into such discussions and requires the President to transmit to the Congress any recommendations that have emerged from those discussions. Requires the Federal Reserve Board to submit a report to the Congress on the issues raised by including loan loss reserves as part of banks' primary capital for regulatory purposes. Title IV: Agricultural Trade - Agricultural Competitiveness and Trade Act of 1988 - Subtitle A: Findings, Policies, and Purpose - Expresses the findings of the Congress regarding: (1) the decline in U.S. agricultural exports; (2) the resulting loss of jobs and economic threat to family farms and rural areas; and (3) the need for increased use of agricultural export programs, including food aid programs, and programs to strengthen the purchasing and distribution capacities of importing nations. States that it is the policy of the United States to: (1) provide agricultural commodities and products for export at competitive prices; (2) support the principal of free trade and the promotion of fair trade in such products; (3) support the negotiating objectives of this Act to eliminate or reduce constraints on open trade in such products; (4) use statutory authority to counter unfair foreign trade practices, including export promotion programs, and, if necessary, restrictions on U.S. imports of agricultural commodities and products in order to encourage fair and open trade; and (5) provide for increased representation of U.S. agricultural trade interests in the formulation of national fiscal and monetary policy affecting trade. Declares it is the purpose of this title to: (1) increase the Department of Agriculture's effectiveness in agricultural trade policy formulation; and (2) improve the competitiveness of U.S. agricultural commodities and products in the world market. Subtitle B: Agricultural Trade Initiatives - Part 1: General Provisions - Requires the Secretary of Agriculture annually to prepare, and the President to submit with the budget for each fiscal year, a Long-Term Agricultural Trade Strategy Report establishing recommended levels of spending on international activities of the Department of Agriculture for one, five, and ten fiscal year periods. Sets forth the contents of such report. Directs the Secretary of Agriculture to provide technical services to the USTR with respect to international negotiations on agricultural trade. Authorizes the Secretary of Agriculture, with respect to any country that has a positive trade balance with the United States, to develop a plan under which that country would purchase U.S. agricultural products for use in development activities in developing countries. Requires the Secretary of Agriculture to evaluate the reorganization proposal recommended by the National Commission on Agricultural Trade and Export Policy to improve management of international trade activities of the Department of Agriculture. Directs the Secretary of Agriculture to establish within the Foreign Agricultural Service (FAS) an office to provide trade assistance and information to persons who are interested in exporting U.S. agricultural products or who believe they have been injured by unfair trade practices with respect to trade in such products. Part 2: Foreign Agricultural Service - Sets forth provisions concerning the FAS with respect to: (1) personnel levels; (2) agricultural attache educational programs; and (3) the foreign market development cooperator program. Authorizes appropriations for the FAS for FY 1988 through 1990. Subtitle C: Existing Agricultural Trade Programs - Requires the President, if a law has not been enacted before January 1, 1990, that implements a negotiated agreement under the Uruguay round of multilateral trade negotiations conducted under the GATT, to: (1) report to specified congressional committees on the status of the GATT negotiations on agricultural trade; and (2) certify to the Congress whether or not progress has been made in such negotiations. Requires the President, if he does not certify that progress has been made before the marketing of the 1990 wheat crop, to instruct the Secretary of Agriculture to permit the producers to repay loans made under the Agricultural Act of 1949 for each of the 1990 crops of wheat, feed grains, and soybeans at a level that is the lesser of: (1) the loan level determined for such crop; or (2) the prevailing world market price for such crop. Sets forth provisions relating to the promotion of agricultural exports. Sets forth provisions relating to price support programs for sunflower seeds and cottonseed. Amends the Food Security Act of 1985 to require the President to approve agreements for agricultural commodities distribution or sale by recipient countries on a multiyear basis if such agreements meet specified requirements. Sets forth provisions relating to: (1) export assistance for agricultural products; (2) the export credit gruarantee program; (3) the agricultural export enhancement program; (4) dairy export incentive program; (5) the barter of agricultural products; (6) food assistance to foreign countries; and (7) food aid and market development. Subtitle D: Wood and Wood Products - Amends the Agricultural Trade Development and Assistance Act of 1954 to include wood and processed wood products as agricultural commodities under such Act. Amends the Food Security Act of 1985 to include wood and wood products as agricultural commodities for short-term export credit purposes under such Act. Amends the Food for Peace Act of 1966 to include wood and wood products as agricultural commodities for intermediate-term credit purposes under such Act. Amends the Cooperative Forestry Assistance Act of 1978 to establish a cooperative national forest products marketing program to provide: (1) technical assistance to States, landowners, and small- or medium-sized forest products firms in order to improve foreign and domestic marketing; and (2) matching grants to States for State and regional forest products marketing. Authorizes FY 1988 through 1991 appropriations. Directs the Secretary to submit annual program reports to the Congress, with the final report due by September 30, 1990. Subtitle E: Studies and Reports - Requires the Secretary of Agriculture to conduct studies and/or reports on: (1) the Canadian Wheat Board's import licensing program; (2) the quantity of imported raw and processed agricultural products; (3) imported honey; (4) dairy import quotas; (5) intermediate export credit with respect to the enhancement of U.S. agricultural exports; (6) imported meat, poultry, eggs, and egg products; (7) circumvention of U.S. agricultural quotas; (8) imports of lamb meat; and (9) imported roses. Subtitle F: Miscellaneous Agricultural Provisions - Amends the Agricultural Adjustment Act to treat as other-source milk any milk produced by dairies owned by foreign persons and financed by or with the use of tax exempt bonds. Requires allocation of such milk as though it were received from producer-handlers for purposes of classifying it under the milk marketing program of such Act. Provides marketing order paid advertising for Florida-grown strawberries. Provides for an extension (not to exceed 35 days) of the time period for marketing orders. Amends the Federal Meat Inspection Act with respect to the inspection of meat by foreign countries that is imported into the United States. Expresses the sense of the Congress that land grant colleges should encourage the study and career objective of international marketing of agricultural products. Expresses the sense of the Congress that the USTR should enter into negotiations with the European Community concerning its use of duties, tariffs, and subsidies to limit the access to it of U.S. eggs and egg products. Expresses the sense of the Congress with respect to the opening of Republic of Korea markets to U.S. beef. Expresses the sense of the Congress with respect to U.S. access to Japanese agricultural markets. Subtitle G: Pesticide Monitoring Improvements - Pesticide Monitoring Improvements Act of 1988 - Sets forth provisions relating to the monitoring of imported and domestic food products for pesticide residues. Title V: Foreign Corrupt Practices Amendments; Investment; and Technology - Subtitle A: Foreign Corrupt Practices Act Amendments; Review of Certain Acquisitions - Part 1: Foreign Corrupt Practices Act Amendments - Foreign Corrupt Practices Act Amendments of 1988 - Amends the Securities Exchange Act of 1934 to prohibit the imposition of criminal liability on securities issuers who fail to maintain an internal accounting controls system. Prohibits anyone from knowingly circumventing such accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the voting power of domestic or foreign firms. Defines "reasonable assurances" and "reasonable detail." Amends the Foreign Corrupt Practices Act of 1977 to revise the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Exempts from such prohibitions payments to foreign officials to expedite or to secure the performance of routine governmental action. Sets forth affirmative defenses for violations of this Act. Revises the fines and criminal penalties for violations of such Act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Empowers the Attorney General to undertake all civil investigations necessary to enforce this Act. Part 2: Review of Certain Mergers, Acquisitions, and Takeovers - Amends the Defense Production Act of 1950 to authorize the President to initiate an investigation to determine the effects on national security of mergers, acquisitions, and takeovers of U.S. corporations by foreign persons and persons engaged in U.S. interstate commerce. Authorizes the President to take action to restrict, suspend, or prohibit such merger, acquisition, or takeover if national security is threatened. Sets forth specified factors the President must consider in taking such action. Requires the President to report to the Congress. Subtitle B: Technology - Part 1: Technology Competitiveness - Technology Competitiveness Act - Subpart A: National Institute of Standards and Technology - Renames the National Bureau of Standards as the National Institute of Standards and Technology. Establishes the National Institute of Standards and Technology within the Department of Commerce. Declares that the National Institute of Standards and Technology shall enhance the competitiveness of American industry while maintaining its function as the lead national laboratory for providing the measurements, calibrations, and quality assurance techniques which underpin U.S. commerce, technological progress, improved product reliability and manufacturing processes, and public safety. Repeals specified provisions of Federal law relating to the National Bureau of Standards. Subpart B: Technology Extension Activities and Clearinghouse on State and Local Initiatives - Requires the Secretary of Commerce to provide assistance for the creation and support of Regional Centers for the Transfer of Manufacturing Technology that will be affiliated with any nonprofit institution or organization that applies for and is awarded a grant. Provides for the Centers to enhance productivity and technological performance in United States manufacturing through: (1) the transfer of manufacturing technology and techniques developed at the Institute; (2) the participation of individuals from industry, universities, State governments, other Federal agencies and the Institute; (3) efforts to make new manufacturing technology usable by small and medium-sized companies; (4) the dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms; and (5) use of the expertise of Federal laboratories other than the Institute. Provides that the Center's activities will include: (1) establishing experimental automated manufacturing systems, based on the Institute's research ; (2) disseminating Center expertise to a wide range of companies; and (3) making loans of items of advanced manufacturing equipment to small manufacturing firms with less than 100 employees. Authorizes the Secretary to provide financial support to any Center for a period not to exceed six years. Prohibits the Secretary from providing to a Center more than 50 percent of the capital and annual operating and maintenance funds required to maintain it. Requires that applicants for financial assistance provide assurances that they will contribute at least 50 percent of the Center's capital and annual operating and maintenance costs. Requires applicants to submit as part of their proposals a plan for the allocation of the legal rights associated with any invention which may result from the Center's technology transfer and research. Requires the Secretary to subject each application to merit review, peer review or other similar process and to consider: (1) the merits of the application; (2) the quality of service; (3) geographical diversity; and (4) the percentage of funding from other sources. Requires that each Center receiving a grant shall be evaluated during its third year of operation by a panel appointed by the Secretary. Prohibits the Secretary from providing funding for the fourth through the sixth years of such Center's operation unless the evaluation is positive. Prohibits the Department of Commerce from funding a Center after the sixth year of operation. Authorizes appropriations for FY 1989 and 1990. Authorizes the Secretary to provide technical assistance to State technology programs to help U.S. businesses, particularly small- and medium-sized businesses, enhance their competitiveness through the application of science and technology. Directs the Secretary to conduct a nationwide study of current State technology extension services. Authorizes appropriations for FY 1989 through 1991. Requires the Director of the National Institute of Standards and Technology to establish a program for the evaluation of inventions that are not energy-related to complement but not replace the Energy-Related Inventions Program established under the Federal Nonnuclear Energy Research and Development Act of 1974. Establishes within the Office of Productivity, Technology, and Innovation a Clearinghouse on State and Local Initiatives on Productivity, Technology, and Innovation to serve as a central repository of information on initiatives by State and local governments to enhance the competitiveness of American business. Requires the Secretary to: (1) establish relationships with State and local governments; (2) collect information on the nature, extent, and effects of State and local initiatives; (3) disseminate information on State and local initiatives through reports, directories, handbooks, conferences, and seminars; (4) provide technical assistance to State and local governments; (5) study ways in which Federal agencies can use existing programs to assist State and local governments; (6) make recommendations concerning modifications in Federal policies to improve assistance to State and local governments; (7) develop methodologies to evaluate State and local programs' effectiveness in enhancing the competitiveness of American business; and (8) make use of, and disseminate, the nationwide study of State industrial extension programs. Subpart C: Advanced Technology Program - Establishes within the National Institute of Standards and Technology an Advanced Technology Program to assist U.S. industry to create the generic technology to: (1) commercialize economically significant new scientific discoveries rapidly; and (2) refine advanced manufacturing technologies. Establishes within the National Institute of Standards and Technology a visiting Committee on Advanced Technology to review and make recommendations regarding general policy for the National Institute of Standards and Technology, its organization, budget, and programs. Subpart D: Technology Reviews - Requires the President, at the time of the submission of his FY 1989 budget request to the Congress, to also submit a report on his policies and budget proposals regarding: (1) Federal research in semiconductors and semiconductor manufacturing technology; (2) Federal research and acquisition policies for fiber optics and optical-electronic technologies; and (3) Federal research to assist U.S. industry to develop advanced manufacturing technologies for the production of durable and nondurable goods. National Advisory Committee on Semiconductor Research and Development Act of 1988 - Establishes within the executive branch the National Advisory Committee on Semiconductors to monitor and make recommendations with respect to the competitiveness of U.S. semiconductor technologies. Authorizes appropriations for FY 1988 through 1990. Directs the President to appoint a National Commission on Superconductivity to review all major policy issues regarding U.S. applications of research advances in superconductors. Subpart E: Authorization of Appropriations - Authorizes appropriations for FY 1988 to the Secretary of Commerce to carry out the following activities performed by the National Institute of Technology: (1) measurement research and technology; (2) engineering measurements and manufacturing; (3) materials science and engineering; (4) computer science and technology; (5) research support activities; (6) Cold Neutron Source Facility; and (7) other specified programs. Authorizes the transfer of funds among such activities, not to exceed ten percent of the amount appropriated for such activity. Authorizes appropriations for FY 1988 through 1990 for the Cold Neutron Source Facility. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize appropriations for FY 1988 for the Office of Productivity, Technology, and Innovation. Authorizes appropriations for FY 1988 through 1990 for the establishment of Cooperative Research Centers. Authorizes appropriations for FY 1988 for grants and cooperative agreements for technology and industrial innovation. Subpart F: Miscellaneous Technology and Commerce Provisions - Prohibits the National Institute of Technology from charging fees to research associates. Requires the Board of Assessment of the National Institute of Standards and Technology to make as part of its annual review an assessment of emerging technologies which are expected to require research in meteorology to keep the Institute abreast of its mission, including process and quality control, engineering databases, advanced materials, electronics and fiber optics, bioprocess engineering, and advanced computing concepts. Requires the Director of the National Institute of Standards and Technology to prepare a plan detailing the manner in which the Institute will make small businesses more aware of its activities and research, particularly in manufacturing. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to prohibit activities of the National Technical Information Service which were not performed by contractors as of September 30, 1987, from being contracted out unless the transfer is authorized by statute, or the value of all work performed in each fiscal year does not exceed $250,000. Establishes within the Department of Commerce a Commerce, Science, and Technology Fellowship Program. Amends the Metric Conversion Act of 1975 to declare it to be U.S. policy to designate the metric system of measurement as the preferred system of weights and measures for U.S. trade and commerce. Part 2: Symmetrical Access to Technological Research - Amends the Foreign Relations Authorization Act, Fiscal Year 1979 to declare it to be U.S. policy that federally-supported international science and technology agreements should be negotiated to ensure that: (1) intellectual property rights are properly protected; and (2) access to research and development opportunities and facilities and the flow of scientific and technological information are, to the maximum extent practicable, equitable and reciprocal. Requires the President to transmit to the Speaker of the House of Representatives and the Committees on Foreign Relations and Governmental Affairs of the Senate (currently, the Congress) a report containing recommendations with respect to equity of access by U.S. public and private entities to public research and development opportunities and facilities in each country which is a major trading partner of the United States. Part 3: National Critical Materials Council - Requires the National Critical Materials Council to prepare the national Federal program plan for advanced materials research and development under the National Critical Materials Act of 1984 and to submit such plan to the Congress. Amends the National Critical Materials Act of 1984 to authorize appropriations through FY 1992. Subtitle C: Competitiveness Policy Council Act - Competitiveness Policy Council Act - Establishes the Competitiveness Policy Council to analyze information and develop strategies with respect to the competitiveness of U.S. industries and business and trade policy. Authorizes appropriations for FY 1989 and 1990. Subtitle D: Federal Budget Competitiveness Impact Statement - Requires the President to include in the budget an analysis, prepared by the Office of Management and Budget, of the budget's impact on the international competitiveness of U.S. businesses and the U.S. balance of payments. Subtitle E: Trade Data and Studies - Part 1: National Trade Data Bank - Establishes the Interagency Trade Data Advisory Committee. Declares that such committee shall advise the Secretary of Commerce on the establishment and operation of a National Trade Data Bank in order to assure the timely collection of accurate data and provide the private sector and government officials efficient access to economic and trade data collected by the Federal Government for purposes of policymaking and export promotion. Directs the Secretary of Commerce to establish the Data Bank, which shall consist of the International Economic Data System and the Export Promotion Data System. Part 2: Studies - Requires the President or head of the appropriate Federal agency to include in every report made to the Congress on legislation which may affect the ability of U.S. firms to compete in domestic and international commerce a statement of the impact of such legislation on: (1) the international trade and public interest of the United States; and (2) the ability of U.S. firms engaged in the manufacture or provision of goods or services to compete in foreign or domestic markets. Requires the Advisory Council on Federal Participation in Sematech to submit to specified congressional committees a report concerning Federal participation in Sematech. Expresses the sense of the Congress that the President should evaluate the impact on U.S. competitiveness of: (1) defense spending by foreign countries, particularly Japan; and (2) other specified factors. Title VI: Education and Training for American Competitiveness - Education and Training for a Competitive America Act of 1988 - Subtitle A: Elementary and Secondary Education - Chapter 1: Mathematics and Science - Amends the Education for Economic Security Act to authorize appropriations for FY 1988 for financial assistance from the Secretary of Education to State and local educational agencies and to institutions of higher education to improve the skills of teachers and instruction in mathematics, science, computer learning, and foreign languages. Chapter 2: Adult Literacy - Amends the Adult Education Act to authorize the Secretary of Education to make grants to States for workplace adult literacy programs. Authorizes appropriations for FY 1988 through 1990. Authorizes the Secretary to make grants to States for the establishment of English literacy programs for individuals of limited English proficiency. Chapter 3: Foreign Languages - Subchapter A: Foreign Language Assistance - Foreign Language Assistance Act of 1988 - Directs the Secretary of Education to make grants to State education agencies to fund model programs, designed and operated by local educational agencies, for the improvement and expansion of foreign language study for children who reside within their school districts. Sets forth formulas for determining the amount of such grants based on State population. Sets forth provisions relating to the availability of such funds. Sets forth grant application requirements for State educational agencies, including provisions for periodic student proficiency evaluation. Provides for program participation by private school children. Authorizes appropriations for FY 1988 to carry out this subtitle. Subchapter B: Presidential Award for Languages - Authorizes the President to make Presidential Awards for Teaching Excellence in Foreign Languages to elementary and secondary school teachers of foreign languages who have demonstrated outstanding qualifications in the field of teaching foreign languages. Authorizes appropriations for FY 1988 for such awards. Chapter 4: Science and Mathematics Elementary and Secondary Business Partnerships - Amends the Education for Economic Security Act to authorize the Secretary of Education to make grants to States for the improvement of elementary and secondary school resources with respect to mathematics and science. Authorizes appropriations for FY 1988. Chapter 5: Educational Partnerships - Educational Partnerships Act of 1988 - Declares that the purpose of this chapter is to encourage the creation of educational partnerships between public schools and the private sector in order to apply the resources of the private and nonprofit sectors of the community, particularly business concerns and community-based organizations, to the needs of educational institutions in that community designed to encourage excellence in education. Authorizes the Secretary of Education (Secretary) to make grants to educational partnerships to pay the Federal share of costs of the model cooperative programs for authorized activities. Includes among such authorized activities: (1) projects which serve educationally disadvantaged and gifted and talented students; (2) projects designed to enrich secondary school students' career awareness; (3) projects for foreign language instruction; (4) special training for staff to facilitate public school/private sector cooperation; (5) academic internship programs; and (6) projects to provide tutoring by private sector personnel. Sets forth application requirements and the Federal share of such activities. Directs the Secretary annually to evaluate grants made under this chapter. Directs the Secretary to disseminate to State and local educational agencies and other participants in the eligible partnerships any information relating to the activities assisted under this chapter. Authorizes appropriations for FY 1988 through 1993. Chapter 6: Star Schools Program - Star Schools Program Assistance Act - Amends the Education for Economic Security Act to add a title establishing a star schools program. Cites the new title as the Star Schools Program Assistance Act. Empowers the Secretary to make demonstration grants of up to a fiscal year maximum of $20,000,000 per grant to eligible telecommunications partnerships for the development, construction, and acquisition of telecommunications facilities and equipment and for technical assistance. Authorizes appropriations for FY 1988 through 1992, subject to fiscal year limitations. Mandates that at least 50 percent of funds under this Act for any fiscal year be used for the cost of facilities, equipment, teacher training or retraining, technical assistance, or programming for certain local educational agencies. Sets forth eligibility criteria to identify eligible telecommunications partnerships, which must be organized on a statewide or multistate regional basis and be either: (1) a public agency or corporation established to provide education-related telecommunications networks to certain educational or health institutions or to industries; or (2) a partnership that will provide a telecommunications network and whose membership includes combinations of certain specified educational entities (especially elementary and secondary schools eligible for funds under title I of the Elementary and Secondary Education Act of 1965 or such eligible schools operated by the Department of the Interior for Indian children) or public or private organizations experienced with telecommunications. Authorizes eligible partnerships to submit a grant application: (1) describing the telecommunications facilities, equipment, and technical assistance for which aid is being sought; (2) demonstrating that the services offered will increase the availability of courses of instruction in mathematics, science, and foreign languages; (3) describing teacher training policies to be implemented to ensure the effective use of the relevant facilities; (4) providing assurances that the financial interest of the United States in the telecommunications facilities and equipment will be protected for their useful life; (5) assuring that a significant portion of the facilities, equipment, technical assistance, and programming will be made available within local educational agencies having a high percentage of educationally deprived students; (6) describing how traditionally underserved students will participate in the benefits of such technology; and (7) containing other assurances and information as required by the Secretary. Directs the Secretary, in approving applications, to assure an equitable geographic distribution of grants and to give priority to certain applicants, including those partnerships that: (1) have the capacity to serve the broadest range of targeted institutions; (2) have substantial academic and teaching capabilities; (3) will serve a multistate area; (4) demonstrate strength in mathematics, science, and foreign language resources which by distribution through the partnership will offer new educational opportunities, especially to traditionally underserved populations and to areas with limited access to such resources; and (5) will meet the needs of individuals traditionally excluded from careers in mathematics and science because of discrimination, inaccessibility, or economically disadvantaged backgrounds. Requires each grantee to report to the Secretary concerning courses and materials to be transmitted by satellite to educational institutions and teacher training centers and to specify the locus and time of such transmissions. Directs the Secretary to: (1) compile and prepare for dissemination a listing and description of the courses and materials submitted by each grantee; and (2) distribute such list to all State educational agencies. Chapter 7: Projects and Programs Designed to Address School Dropout Problems and to Strengthen Basic Skills Instruction - Subchapter A - Assistance to Address School Dropout Problems - School Dropout Demonstration Assistance Act of 1988 - Authorizes appropriations for FY 1988 for grants to local educational agencies (LEAs) for demonstration programs of dropout prevention, reentry, information, and identification of at-risk students. Allots specified percentages of such funds to various categories of LEAs and educational partnerships. Limits the Federal share of project cost to no more than 90 percent in the first fiscal year and 75 percent in the second. Sets forth grant application requirements, including plans for dropout information collection and reporting systems. Sets forth authorized activities for which such grants may be used. Requires that: (1) at least 30 percent of grant funds be used for dropout prevention activities; (2) at least 30 percent of grant funds be used for dropout reentry persuasion and assistance activities; and (3) not more than five percent of any grant be used for administrative costs. Subchapter B: Assistance to Provide Basic Skills Improvement - Secondary Schools Basic Skills Demonstration Assistance Act of 1988 - Provides assistance to local eduational agencies with high concentrations of low-income children to improve the achievement of educationally deprived children enrolled in secondary schools. Authorizes appropriations for FY 1988. Sets forth the authorized uses of such funds. Requires local educational agencies to include in applications for such funds a plan of operation as specified by this Act. Describes the process for the award of grants by State educational agencies to local agencies. Subchapter C: General Provisions - Sets forth provisions with respect to the administration of such grants. Chapter 8: Miscellaneous - Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute specified funds for use among areas served by local or intermediate educational agencies or consortia on the basis of relative enrollments in public and private, nonprofit schools within such areas. Provides that FY 1987 funds may be allotted to local and intermediate educational agencies and educational agencies or consortia on the basis of relative enrollments in public and private, nonprofit schools within such areas. Provides that FY 1987 funds may be allotted to local and intermediate educational agencies and consortia on the basis of their relative numbers of children in the school-age population. Subtitle B: Technology and Training - Chapter 1: Transfer of Education and Training Software - Training Technology Transfer Act of 1988 - Establishes the Office of Training Technology Transfer in the Office of Educational Research and Improvement of the Department of Education. Provides that the Director of the Office shall be appointed by the Secretary of Education. Sets forth provisions relating to staffing and staff compensation. Requires the Director to compile and maintain a current and comprehensive clearinghouse of all knowledge and education and training software developed or scheduled to be developed by or under the supervision of Federal agencies. Requires the Director, in compiling such clearinghouse to: (1) consult with and fully utilize the resources of all Federal agencies engaged in the collection and dissemination of information concerning training technology; and (2) request the participation and cooperation of entities in the legislative and judicial branches. Requires the Director to disseminate the clearinghouse and its revisions widely and on a regular basis to give all potential users of training technology ample notice of its development by Federal agencies. Requires the Director, in doing so, to use all interagency and intergovernmental communications mechanisms and to encourage the participation of independent private sector organizations. Requires the Director to develop and distribute detailed instructions and procedures for securing copies, and rights thereto, of education and training software listed in such clearinghouse and guidelines for cooperative agreements between commercial users and public interest users under specified provisions of this title. Requires the Director to advise, consult and make grants to any prospective public interest user of education and training software listed in the clearinghouse and assist such user in securing the transfer and conversion of such technology from the Federal agency which developed it. Requires the Director to encourage such user to obtain such software by working with the Training Technology Transfer Officer of such agency. Requires the Director, if an agency has not established procedures for the transfer of such education and training software, to negotiate the transfer of such software upon application by such user. Authorizes the Director to enter into contracts with institutions of higher education and qualified private sector business concerns for the conversion of education and training software in order to adapt such software to the requirements of a public interest user. Requires the Director to advise and consult with any prospective commercial user of an education and training software listed in the clearinghouse. Authorizes the Director to sell or lease such software, including exclusive or nonexclusive rights in patents or copyrights, to a commercial user for a price or fee which reflects a reasonable return to the Government. Authorizes the Director to waive, or negotiate reductions of, such purchase prices or lease fees, or negotiate exclusive sale or lease agreements or other favorable terms for commercial users who agree to enter into cooperative agreements with public interest users or user groups. Requires such agreements to be acceptable to the Director and to provide for a conversion of the education and training software, without charge, by the commercial user to meet the specific needs of the public interest user or user group. Requires the Director, in negotiating such terms for the sale or lease of education and training software, to give preferential consideration to cooperative agreements which: (1) will result in enhancing the employment potential and potential earnings of the maximum number of individuals; (2) encourage and promote multiple uses of education and training software converted by users with similar training needs; and (3) provide beneficial uses of education and training software for small businesses. Requires any education and training software converted under such a cooperative agreement to be: (1) listed in the clearinghouse; and (2) available for transfer to any other public interest user. Requires the Director to: (1) study the effectiveness of education and training software transfers and conversions under this title; and (2) analyze national needs for methods to convert such education and training software which are in addition to the method of cooperative agreements between commercial and public interest users. Requires the Director, within two years after the enactment of this title, to report to the Congress on such study and analysis, with the Director's recommendations as to whether the public interest would be served through the establishment of a program of grants to support the conversion of education and software training. Requires all Federal agencies to cooperate with the Director in implementing this title. Requires Federal agency heads to report to the Secretary of Commerce if they find that their agency cannot cooperate with the Director for reasons of national security or any other reason. Directs the Secretary to report all such findings received during the preceding 12-month period to the Congress by July 1 of each year. Requires the Director to cooperate with the Federal Software Exchange Center of the National Technical Information Service to facilitate education and training software transfers between Federal agencies. Chapter 2: Instructional Programs in Technology Education - Authorizes appropriations for FY 1988 through 1993 for the Secretary of Education to establish a program of grants to local educational agencies, State educational agencies, consortia of public and private agencies, organizations and institutions, and institutions of higher education for not more than ten demonstration programs in technology education for secondary schools. Chapter 3: Replication of Technical Education Programs - Requires the Secretary of Education to gather, organize, and disseminate information on innovative programs at postsecondary and secondary schools designed to: (1) enhance the development of technical skills needed to improve the competitiveness of American industry; (2) encourage the development of higher skills of individuals facing job dislocation; (3) encourage the acquisition of basic literacy skills by youth as well as adults; and (4) involve the business community in the planning and offering of employment opportunities to the trained workforce. Directs the Secretary to: (1) gather, organize, and disseminate information on consultative efforts by elementary, secondary, and postsecondary education, business, labor, local, State, and Federal governments designed to improve the competitiveness of American business; and (2) provide technical assistance to any institution or entity to facilitate the gathering of information for replication models. Chapter 4: Vocational Education Programs - Amends the Carl D. Perkins Vocational Education Act to authorize grants to States to enable them to expand and improve vocational education programs designed to meet needs for training and employment development of adults. Sets forth the eligible programs for such grants. Requires a State receiving such a grant to include in its State plan, methods and procedures for coordinating vocational education programs and activities under this Act. Authorizes appropriations for FY 1988 and 1989. Requires the Secretary to conduct a demonstration program designed to provide secondary school students with skills needed for employment or further education by forming partnerships with business and industry. Authorizes appropriations for FY 1988 and 1989 to provide vocational education to individuals (particularly those 55 years of age or older) in order to assist their entry into, or advancement in, high technology occupations or to meet the technological needs of other industries or business. Directs the Secretary to establish demonstration programs in vocational training centers and community colleges to provide modular training in basic skills with the objective of rendering participants technologically literate. Authorizes appropriations for FY 1988. Chapter 5: Access Demonstration Programs - Authorizes the Secretary of Education to make grants to institutions of higher education, private nonprofit agencies (including regional educational laboratories), public agencies, State educational agencies, or combinations thereof to support the development of training programs for secondary school personnel, including guidance counselors. Authorizes appropriations for FY 1988. Subtitle C: Higher Education - Chapter 1: Student Literacy Corps - Authorizes appropriations for FY 1988 and any fiscal year thereafter, not to exceed two fiscal years, for literacy corps programs. Authorizes the Secretary to make grants to institutions of higher education for: (1) the costs for participation in such programs and stipends for student coordinators; and (2) technical assistance, collection and dissemination of information, and evaluation of such programs. Chapter 2: Special Research Facilities - Amends the Higher Education Act of 1965 to require the Secretary of Education to establish a new College and University Research Facilities and Instrumentation Modernization Program for agriculture, strategic metals, minerals, energy, forestry, and oceanic research that will provide assistance for the replacement or renovation of such institutions' obsolete laboratories, research facilities, and outmoded equipment. Sets forth program requirements. Authorizes appropriations for FY 1988 through 1991. Chapter 3: Minority Science and Engineering Improvement - Amends the Higher Education Act of 1965 to authorize appropriations for FY 1988 through 1991 for funding new activities aimed at increasing the participation of minority students in scientific and engineering research careers. Chapter 4: Technology Transfer Centers - Amends the Higher Education Act of 1965 to authorize appropriations for FY 1988 through 1991 to develop, construct, and operate regional technology transfer centers to promote the development of programs to further the transfer of technology to relevant regions of the economy. Outlines administrative provisions. Chapter 5: Library Technology Enhancement - Amends the Higher Education Act of 1965 to authorize appropriations for FY 1988 through 1991 for activities that will enable libraries to participate in initiatives funded under the Education and Training for American Competitiveness Act of 1987. Chapter 6: International Business Education Program - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make grants to institutions of higher education to establish centers for international business education which will: (1) be natural resources for the teaching of improved international business techniques and strategies; (2) provide instruction in critical foreign languages and international fields to provide understanding of the customs of U.S. trading partners; and (3) provide research and training in the international aspects of trade and commerce. Outlines administrative provisions. Authorizes appropriations for FY 1988 through 1991. Chapter 7: Additional Higher Education Provisions - Amends the fundings requirements of the Ronald E. McNair Post-Baccalaureate Achievement Program to raise the amount of funding that may be allocated for such program if the annual appropriation for the Special Programs for Students from Disadvantaged Backgrounds equals or exceeds a specified amount. Subtitle D: Employment and Training for Dislocated Workers - Economic Dislocation and Worker Adjustment Assistance Act - Amends the Job Training Partnership Act to replace title III (Employment and Training Assistance for Dislocated Workers) with new provisions to aid dislocated persons. Outlines administrative provisions with respect to the allocation and use of such aid. Authorizes appropriations. Requires the Secretary of Labor to develop, in coordination with the Secretary of Agriculture, statistical data relating to permanent dislocation of farmers and ranchers due to farm and ranch failures. Directs the Secretary of Labor to conduct a study, in conjunction with the Secretary of State, to identify the extent to which countries enforce (and the producers who fail to comply with) internationally recognized worker rights. Requires such report to be submitted to the Congress. Requires the Secretary of Labor to make funds available through the U.S. Employment Service for the development and implementation of job bank systems in each State. Authorizes appropriations. Subtitle E: National Science Foundation University Infrastructure - National Science Foundation University Infrastructure Act of 1988 - Directs the National Science Foundation to establish: (1) an Academic Research Facilities Modernization Program which shall make awards to institutions, research museums, and consortia for the repair or replacement of such institutions' obsolete laboratories and other research facilities; and (2) the College Science Instrumentation Program which shall make awards to two-year and community colleges and four-year, non-Ph. D. degree-granting institutions or consortia for the purchase of instructional instrumentation. Authorizes appropriations for FY 1989. Title VII: Buy American Act of 1988 - Buy American Act of 1988 - Amends the Buy American Act to prohibit a Federal agency from awarding a procurement contract for goods produced or manufactured in: (1) a signatory country that is considered not in good standing under the Agreement on Government Procurement (Agreement); or (2) a foreign country whose government discriminates in awarding procurement contracts against U.S. products or services. Sets forth exceptions to such prohibition. Allows the President or the head of a Federal agency to award a contract for the procurement of goods produced or manufactured in, or a service provided by a foreign country to which such prohibition applies if the President or the head of an agency: (1) determines that such action is necessary in the public interest or to avoid the restriction of competition in a manner that would limit the procurement in question to, or would establish a preference for, the services or articles of a single manufacturer, or because there is an insufficient number of bidders; and (2) notifies the Congress of such determination. Amends the Trade Agreements Act of 1979 to require the President, by no later than April 30, 1990, and annually thereafter, to submit to specified congressional committees a report on the extent to which foreign countries discriminate against U.S. products or services. Requires the USTR to request consultations with such countries to obtain their compliance with the Agreement or the elimination of their discriminatory procurement practices. Sets forth provisions with respect to violations of the Agreement. Title VIII: Small Business - Small Business International Trade and Competitiveness Act - Amends the Small Business Act to require the Office of International Trade (Office) to cooperate with other relevant Federal agencies, including the Department of Commerce, the Small Business Export Assistance Centers, regional and local Small Business Administration (Administration) offices, the small business community, and relevant State and local export promotion programs to: (1) develop a distribution network for existing trade promotion, trade finance, trade adjustment, trade data collection programs; (2) assist in the marketing of these programs and the dissemination of marketing information to the small business community; and (3) give preference in hiring or transferring personnel fluent in English into the Office. Requires the Office to: (1) cooperate with the Department of Commerce and other relevant agencies, regional and local Administration offices, the Small Business Development Center network, the Small Business Export Assistance network, and State programs to develop mechanisms for identifying subsectors of the small business community with strong export potential, identify areas of demand in foreign markets, prescreen foreign buyers for commercial and credit purposes, increase international marketing by disseminating information about market leads, goods and services produced by small businesses and linking potential sellers and buyers; (2) assist small businesses in the formation of export trading companies, export management companies and research and development pools; (3) work with other Federal agencies, the Administration's local and regional offices, the Small Business Export Assistance Center network, and the private sector to identify existing foreign language translation services; (4) work closely with the Department of Commerce and other relevant Federal agencies to collect and analyze data regarding the small business share of U.S. exports and the nature of State exports, make recommendations to the Secretary of Commerce and to the Congress regarding revision of the SIC code, improve the utility and accessibility of existing export promotion programs for small businesses, and increase the accessibility of the Export Trading Company contact facilitation service; and (5) make available to the small business community information regarding conferences on exporting and international trade. Requires the Office to work with the Export-Import Bank, the Department of Commerce, and the States to develop a program through which export specialists in the regional and district offices of the Administration, regional and local loan officers, and Small Business Export Assistance Center personnel can facilitate the access of small businesses to relevant export financing programs of the Export-Import Bank and to export and preexport financing programs available through the Administration and the private sector. Directs the Office to cooperate with the Export-Import Bank and the small business community to: (1) market existing Administration export financing and preexport financing programs; (2) identify financing available under various Export-Import Bank programs; (3) assist in the development of financial intermediaries; (4) promote greater participation by private financial institutions in export finance; and (5) provide for the participation of Administration personnel in training programs conducted by the Export-Import Bank. Directs the Office to: (1) cooperate with other Federal agencies and the private sector to counsel small business on proceedings related to the United States trade laws; and (2) cooperate with the Department of Commerce, the United States Trade Representative, and the International Trade Commission to increase access to trade remedy proceedings for small businesses. Requires the Office to report to the House and Senate small business committees on the implementation of the above provisions. Authorizes appropriations to the Administration to conduct a National Seminar on Small Business Exports for FY 1988 and 1989. Authorizes the Administration to provide extensions and revolving lines of credit for export purposes and for preexport financing to enable small business concerns to develop foreign markets. Limits extensions and revolving lines of credit to 18 months. Requires the Administration, when considering loan or guarantee applications, to consider export-related benefits. Authorizes appropriations to the Administration for FY 1988 and 1989 for Small Business Development Centers. Requires the Small Business Development Centers to work with the Administration's regional and local offices, the Department of Commerce, appropriate Federal, State, and local agencies and the small business community to disseminate and service delivery mechanisms for existing trade promotion, trade finance, trade adjustment, trade remedy, and trade data collection programs of particular utility for small businesses. Revises requirements with respect to loans from the Administration to small businesses. Requires the Administrator of the Small Business Administration to report to the House and Senate small business committees on the advisability of amending the Small Business Innovation Research program to: (1) increase each agency's share of research and development expenditures devoted to it by 0.25 percent per year until a goal of three percent is achieved; (2) make the Small Business Innovation Research Program permanent with a formal congressional review every ten years, beginning in 1993; (3) allocate a share of each agency's Small Business Innovation Research fund for administrative purposes for effective management, quality maintenance, and the elimination of program delays; and (4) include within the Small Business Innovation and Research program all agencies expending between $20,000,000 and $100,000,000 in extramural research and development funds annually. Requires the Administrator to submit to specified congressional committees a report that would: (1) analyze the possible effect of increased outsourcing and other shifts in production arrangements on small firms within the subcontractor tier; (2) assess the impact of specific economic policies, including, but not limited to, procurement, tax and trade policies, in facilitating outsourcing and other international production arrangements; and (3) make recommendations on Government policy that would improve the competitiveness of smaller U.S. subcontractors. Requires the Comptroller General to conduct a study and submit a report to specified congressional committees on: (1) the costs incurred by small businesses to institute import relief actions under the trade laws; and (2) the extent of assistance provided to small businesses by the Trade Remedy Assistance Office. Requires the Administration to conduct a National Seminar on Small Business Exports within one year following enactment of this Act. Provides that the Conference will bring together experts in international trade and small business development and representatives of small businesses, trade associations, the labor community, academic institutions, and Federal, State, and local governments. Expresses the sense of the Congress that the United States Trade Representative should appoint a special trade assistant for small business. Title IX: Patents - Subtitle A: Process Patents - Process Patent Amendments Act of 1988 - Amends the patent laws to make it an infringement of a patent to use, sell, or import into the United States without authority a product produced by a process patented in the United States. Excludes products materially changed by subsequent processes or products which become a trivial and nonessential component of another product. States that no modification of remedies is available to any person who practiced the patented process, is controlled by or controls the person who practiced the process, or who had knowledge before the infringement that a patented process was being used in violation of this Act. Requires an infringer to have actual knowledge of infringement or sufficient information as to the likelihood of infringement before remedies are available to the patent holder. Makes remedies contingent upon the good faith practiced by both parties, as well as the need to restore exclusive patent rights. Requires a party to show good faith by requesting or responding to a request for disclosure by a manufacturer of all process patents owned or licensed to such manufacturer at the time of the request which could reasonably be believed to be infringed if imported, used, or sold in the United States by an unauthorized party. Limits requests to persons regularly engaged or about to be regularly engaged in the business. Requires requests to be made before a notice of infringement and to include a representation that the requester will submit identified patents to the manufacturer or supplier to obtain a written statement that these patents are not being violated. Requires notices of infringement to specify the patent allegedly infringed and the reasons why such infringement is suspected. Places the burden of proof in an infringement action to show that product was not produced by the patented process on the defendant. Makes this provision effective prospectively only, except where a specific product is already in substantial and continuous sale or use by a person in the United States on January 1, 1988, or for which substantial preparation has been made. Directs the Secretary of Commerce to report annually to the Congress for five years on the effect of this provision on the importation of manufacturing ingredients in certain domestic industries. Subtitle B: Foreign Filing - Patent Law Foreign Filing Amendments Act of 1988 - Permits the modification of an application for patent protection filed in a foreign country if the original subject matter and modifications would not have required permission because of their detrimental effect on national security. Subtitle C: Patent Term Extension - Extends the patent term for the drug Lopid for a three-year-and-six-month period from the date of its expiration. Title X: Ocean and Air Transportation - Subtitle A: Foreign Shipping Practices - Foreign Shipping Practices Act of 1988 - Requires the Federal Maritime Commission to investigate all laws, regulations, and practices of foreign governments and all practices of foreign carriers or of other persons providing maritime or maritime-related services in a foreign country which result in different conditions, in U.S. oceanborne trades, for U.S. carriers than for foreign carriers. Authorizes initiation of such investigation on the Commission's own motion or on petition of any person. Requires the investigation to be completed within 120 days after it is initiated, subject to one extension of 90 days in certain circumstances. Authorizes the Commission to order any person to file necessary information. Authorizes the Commission to order the response to such order to be under oath, prescribe the form and time of such response, and determine that information submitted under this provision, in response to a subpoena under a specified provision of this Act, or otherwise, shall not be disclosed to the public. Authorizes the Commission, when such different conditions exist, after notice and opportunity for comment, to take any action it considers necessary, including limiting sailings, suspending tariffs, and suspending the right of an ocean common carrier to operate under any agreement filed with the Commission. Requires that, before an order becomes effective or a request is made by the Commission for an action by the collector of customs or the Coast Guard under provisions of this Act, the order must be submitted to the President who may, within ten days of receiving the order, disapprove the order, in certain circumstances. Requires, upon request of the Commission, when the Commission finds that such different conditions exist: (1) the collector of customs to refuse clearance to any foreign vessel identified by the Commission; and (2) the Secretary of the department in which the Coast Guard is operating to deny entry of any foreign vessel so identified into the United States or to detain any such vessel from leaving one U.S. port for another U.S. port. Requires the Commission to include in its annual report to the Congress a list of countries generating the largest volume of oceanborne bilateral trade with the United States, an analysis of conditions being investigated, actions taken by the Commission, and any recommendations for legislation. Amends the Merchant Marine Act, 1936 to authorize the President to make use of foreign currencies owned by or owed to the United States for the development and use of mobile trade fairs which are designed to show and sell U.S. products at foreign ports. Subtitle B: International Air Transportation - Amends the International Air Transportation Fair Competitive Practices Act of 1974 to reduce the maximum period from 180 days to 90 days in whch the Secretary of Transportation must act upon complaints charging foreign discriminatory, predatory, or anticompetitive practices against U.S. air carriers. Requires the Secretary in considering any complaint to: (1) solicit the views of the Department of State, the Department of Commerce, and the Office of the U.S. Trade Representative; and (2) provide any affected air carrier or foreign air carrier with reasonable notice and opportunity to file evidence with respect to such complaint. Directs the Secretary not later than the 30th day after taking action with respect to such complaint to report his actions to specified congressional committees.
United States · United States Congress · 16 June 1988
Money Laundering Control Amendments of 1988 - Prohibits financial institutions from issuing or selling any bank check, cashier's check, traveler's check, or money order to any individual in connection with any transaction which involves U.S. coins or currency (or other monetary instruments) in amounts or denominations of $3,000 or more, unless: (1) the individual has an account which is verified by the institution and such verification is recorded; or (2) the individual furnishes identification which is verified and recorded by the financial institution. Requires financial institutions to furnish to the Secretary of the Treasury upon request any such information required to be recorded in connection with such transactions. Authorizes the Secretary to prescribe regulations requiring domestic financial institutions to obtain information, keep records, and submit reports concerning: (1) its transactions involving monetary instruments that exceed amounts which the Secretary may prescribe; and (2) other parties participating in the transactions. Amends the Right to Financial Privacy Act of 1978 to exempt from the confidentiality provisions of such Act the financial records of officers, directors, employees, or controlling shareholders of a financial institution when such records are provided by the financial institution or supervisory agency to the Attorney General or a State law enforcement agency if there is reason to believe such records are relevant to crimes by such persons against financial institutions or supervisory agencies or violations of statutes governing recordkeeping and reporting on monetary instruments transactions. Revises the good faith defense to conform to such exemption. Allows a grand jury to be provided with a description of the contents of financial records if the volume of such records makes such return and actual presentation impractical. Authorizes the Secretary to delegate to the U.S. Postal Service the powers and duties in connection with records and reports on monetary instruments transactions. Amends the Federal Deposit Insurance Act and the National Housing Act to impose a civil penalty of up to $10,000 on insured institutions and their principals and personnel that willfully violate recordkeeping and reporting requirements. Revises provisions describing the range of uninsured entities subject to financial recordkeeping requirements. Increases from $1,000 to $10,000 the penalty for violations of recordkeeping requirements for such uninsured entities.
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
Requires the President to provide the House of Representatives with specified documents (with respect to the assistance for Central America provided for in Public Law 100-276) concerning: (1) interpretations of such Act by the Legal Advisor of the Department of State or the Office of the General Counsel of the Agency for International Development (AID); (2) standards, procedures, and controls for the accountability of funds which have been adopted by AID pursuant to such Act; (3) the procurement outside of the United States, the receipt, and the end-use of any equipment, supplies, or other goods for the Nicaraguan democratic resistance using the funds made available by such Act; (4) funds made available by such Act for the Verification Commission established by the Sapoa Agreement of March 23, 1988; (5) the selection of, and agreements with, organizations to distribute assistance under such Act for children who are victims of the Nicaraguan civil strife; and (6) compliance with the requirements for the distribution to and use of such assistance by children.
United States · United States Congress · 14 June 1988
Expresses the sense of the Congress urging Government agencies to avoid actions that would reduce amateur radio frequency allocations used for emergency communications and encouraging support for the Amateur Radio Service in its emergency communications efforts.
United States · United States Congress · 8 June 1988
Authorizes the Administrator of Veterans Affairs to make grants to States to defray the expenses of operating and maintaining veterans' cemeteries. Sets a maximum yearly grant limit for each State. Makes States ineligible to receive both operation and maintenance grants and a plot allowance for the burial of certain veterans in State veterans' cemeteries.
United States · United States Congress · 26 May 1988
Agricultural Commodity Embargo Limitation Act - Provides that the President may not prohibit or restrict the export of U.S. agricultural products to any country unless: (1) a state of war exists between such country and the United States; or (2) the President certifies to the Congress that such country is engaged in military hostilities against the United States, and such certification is in effect.
United States · United States Congress · 26 May 1988
Amends the Federal Savings and Loan Insurance Corporation Recapitalization Act of 1987 to extend for one year the moratorium on thrift institutions' voluntarily terminating deposit insurance provided by the Federal Savings and Loan Insurance Corporation.
United States · United States Congress · 26 May 1988
Homeownership Assistance Act of 1988 - Amends the National Housing Act to create a special mortgage insurance program for first-time homebuyers. Authorizes insurance for up to 97 percent of the home's value. Authorizes the Federal Housing Administration (FHA) to insure a mortgage loan of up to 97 percent of appraised value for the first $50,000 (currently $25,000) of a home's value. Repeals the current dollar cap on FHA insured mortgages in high cost areas. Authorizes FHA to insure adjustable rate mortgages with annual interest rate increases of up to two percent (currently one percent). Repeals the aggregate annual limit on such insured loans. Defines "first-time homebuyer" as an individual who or whose spouse has not owned a principal residence during the 18 months prior to an FHA insured home purchase. Authorizes an FHA demonstration program to insure mortgages for first-time homebuyer downpayments where the purchase is primarily financed or assisted by tax-exempt or other government assistance. Limits the downpayment loan to $7,500. Requires participants to receive financial counseling. Sets a maximum ten year loan maturity period. Amends the Federal National Mortgage Association Charter Act to authorize the Government National Mortgage Association to create a secondary market for first-time homebuyer downpayment loans. Authorizes an FHA demonstration program to insure 100 percent of a home's value for a first-time homebuyer provided that the donwnpayment will be paid within three years by an additional monthly payment. Requires participants to receive financial counseling. Amends the Deficit Reduction Act of 1984 to empower the Internal Revenue Service to confiscate defaulting taxpayers' tax refunds. Requires the Secretary to submit program reports to the Congress within one year of enactment of this Act.
United States · United States Congress · 19 May 1988
Federal Asset Disposition Association Dissolution Act - Amends the National Housing Act to specify that the purpose of the establishment of new savings and loan associations in connection with a liquidation is to make insured accounts available to association members. Specifies that provisions of the National Housing Act shall not be construed as authorizing the Federal Savings and Loan Insurance Corporation (FSLIC) to organize a new Federal association for the purpose of managing or disposing of any assets: (1) of an insured institution for which the FSLIC has been appointed receiver; or (2) acquired by the FSLIC in order to prevent a default. Authorizes the FSLIC to delegate such liquidation functions to an appropriate regional office. Prohibits the Federal Asset Disposition Association (FADA) from engaging in any new activities after the date of the enactment of this Act. Directs the FSLIC to require FADA to assign all its rights and obligations under any contract to the FSLIC. Requires the FSLIC, within 60 days after the enactment of this Act, to revoke the charter of FADA and assume its assets and liabilities. Specifies that this Act shall not be construed as any recognition or ratification by the Congress of: (1) any authority of the FSLIC to charter FADA; or (2) any authority of FADA to act on behalf of the FSLIC. Requires the FSLIC to prepare and submit to the Congress a report describing: (1) the manner in which the dissolution of FADA was implemented; (2) the results of such dissolution; and (3) FSLIC's actions as the receiver of FADA. Specifies certain information to be included in such report. Requires the FSLIC to take such action as may be necessary to ensure that the FSLIC and all officers and employees of the FSLIC maintain full compliance with the competitive procurement requirements of the Federal Property and Administrative Services Act of 1949. Requires the FSLIC to liquidate the assets of insolvent savings and loan associations in a manner which: (1) minimizes the cost to the FSLIC; (2) maximizes the return which the FSLIC realizes on the assets; and (3) encourages the use of services of persons in the private sector in managing and disposing of such assets to the maximum extent possible. Requires the FSLIC to ensure that no individuals are employed by the FSLIC under personal service contracts except to the extent that such employment: (1) does not exceed 60 days in any one-year period; or (2) is determined to be necessary because of unusual circumstances which do not allow the position involved to be filled by a civil service employee. Provides that the number of asset liquidation personnel employed by the FSLIC shall not be subject to any limitation imposed by any officer of the executive branch who is not an officer of the FSLIC. Imposes a statutory limit on the number of asset liquidation employees that may be employed at any time by the FSLIC. Requires the FSLIC to establish an employment grade structure for asset liquidation employees which is comparable to the grade structure for employees of the Federal Deposit Insurance Corporation who manage or dispose of assets. Requires representatives of specified Government agencies and the private sector to conduct a multiagency study on options for reducing the duplication, overlap, and inconsistency among Federal agencies and instrumentalities and for making better use of private sector resources in managing and disposing of assets. Requires that a report concerning the results of such study be submitted to the Congress within one year after the enactment of this Act.
United States · United States Congress · 19 May 1988
Nursing Education Partnership Act - Amends title VIII (Nurse Education) of the Public Health Service Act to create a new subpart on nursing scholarships. Defines "eligible individual" in terms of academic performance and enrollment. Authorizes the Secretary of Health and Human Services to make grants and loans to eligible individuals for certain associate degree or bachelor degree nursing education programs. Prohibits individuals from receiving any other form of Federal student financial assistance under any Federal law while receiving assistance under this subpart. Provides for application and repayment. Directs the Secretary to allocate funds available for grants and loans under the title among institutions in order to provide funds for applications meeting the requirements of this Act. Requires the awards to be: (1) equal to the cost of attendance for those applicants demonstrating the greatest financial need, determined on the basis of expected family contributions; and (2) made in the order of that need. Requires the award to be composed of 25 percent grant and 75 percent loan. Sets forth criteria a higher education institution must meet in order to participate in this program, including establishing and operating a program which lets high school counselors, teachers, and students learn about nursing career opportunities and which targets low income students. Allows entities desiring to employ students who have obtained degrees with assistance under this part to enter into a sponsorship agreement with the Secretary, including: (1) an agreement that the health care provider will repay two-thirds of the loan; and (2) assurances that the provider has established a program to recruit junior or senior high school students to enter nursing careers. Authorizes appropriations for FY 1989 and each of the succeeding fiscal years.
United States · United States Congress · 29 April 1988
Americans with Disabilities Act of 1988 - Provides that no person shall be subjected to discrimination on the basis of handicap in: (1) employment practices and training covered by title VII of the Civil Rights Act of 1964; (2) the sale or rental of housing covered by title VIII of the Civil Rights Act of 1968; (3) any public accommodation covered by title II of the Civil Rights Act of 1964; (4) transportation services; (5) the actions, practices, and operations of State and local governments; and (6) broadcasts, communications, or telecommunications services. Lists the forms of discrimination which are prohibited by this Act, including: (1) denying any person the opportunity to participate in or benefit from a service, program, job, or other opportunity on the basis of his or her handicap; (2) establishing (or failing to remove) any architectural, transportation, or communication barriers that prevent the access or limit the participation of persons because of their handicap; (3) failing or refusing to make a reasonable accommodation to permit a handicapped individual to have access to a program, activity, job, or opportunity; (4) imposing any unnecessary standard or criteria that screens out or places the handicapped at a disadvantage; and (5) denying services, programs, jobs, or other opportunities to any person because of that person's relationship to, or association with, a handicapped person. Permits the exclusion or denial of equal access to services, programs, jobs, or other opportunities to persons: (1) for reasons unrelated to the existence of their handicap; or (2) based upon the application of standards or criteria that are necessary and substantially related to the ability to perform essential components of the job, program, activity, or opportunity, and such performance can not be accomplished by a reasonable accommodation. States that it shall be an act of discrimination, in regard to housing, to discriminate in the sale or rental of a dwelling (or in the terms, conditions, or privileges of such sale or rental) to any buyer or renter because of the physical or mental impairment of: (1) the buyer or renter; (2) a person residing in, or intending to reside in, such dwelling; or (3) any person associated with the buyer or renter. States that it shall be an act of discrimination to: (1) refuse to permit reasonable modifications, at the expense of the handicapped person, to afford such person enjoyment of the premises; (2) refuse to make reasonable accommodation in rules, policies, practices, or services to afford handicapped individuals equal opportunity to use and enjoy the dwelling; or (3) fail to design and construct multifamily dwellings (after a specified date) which are not accessible to the handicapped. Provides certain limitations on the duties of accommodation and barrier removal. Sets forth guidelines for the establishment of requirements and promulgation of regulations by specified Federal entities with respect to: (1) the accessibility of buildings and transportation systems; (2) the implementation and enforcement of the requirements of this Act; (3) employment practices; (4) the sale and rental of housing; and (5) the removal of communication barriers. Establishes procedures for the administrative enforcement of the provisions of this Act. Establishes a civil right of action for individuals who are subjected to discrimination in violation of this Act.
United States · United States Congress · 28 April 1988
Defense Savings Act - Directs the Secretary of Defense to: (1) close or realign military installations as recommended by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission; and (2) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines certain conditions to such closures or realignments, including timely notice to the Congress of the Secretary's decision to accept and implement all of the closures and realignments recommended by the Commission. Terminates the authority of the Secretary to carry out any closure or realignment as of October 1, 1995. Directs the Commission, no later than December 31, 1988, to transmit its report to the Secretary and to the appropriate congressional committees with a certification that it has identified all the military installations to be closed or realigned by reviewing all military installations inside the United States. Authorizes the Secretary to: (1) carry out appropriate action to implement any such closure or realignment; (2) provide appropriate economic adjustment and community planning assistance to communities affected by any such closure or realignment; (3) carry out appropriate activities for the purpose of environmental restoration; (4) sell or exchange any real property under the control of the Department of Defense and located at such an installation; and (5) deposit funds received from any such sale or exchange into the Department of Defense Base Closure Account. Outlines administrative procedures in connection with the sale or transfer of property in connection with a closure or realignment to a Federal, State, or local government entity. Requires the Secretary to include specified information concerning such closures or realignments as part of each annual request to the Congress for authorization of appropriations. Requires the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission and to report the findings and conclusions to the Commission and to the appropriate committees of the Congress no later than September 15, 1988. Requires the Secretary to notify the Congress in writing when a decision is made to carry out a construction project to facilitate a closure or realignment and the amount required for such project is greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account and authorizes appropriations to be transferred to such Account. Requires the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, to report to the appropriate congressional committees on the amount and nature of deposits into, and expenditures from, the Account during such fiscal year. Requires another report from the Secretary, no later than 60 days after the termination of the authority of the Secretary to carry out an alignment or closure under this Act, concerning funds used and remaining in such Account.
United States · United States Congress · 12 April 1988
Salvadoran Foreign Assistance Reform Resolution - Expresses the sense of the Congress that: (1) the U.S. foreign assistance program for El Salvador should be revised to promote a negotiated settlement and a reduction of human suffering; (2) the ratio of assistance should be reversed in FY 1989 so that the amount spent on the war effort is only one-third of the amount spent for reform and development activities; (3) such assistance should not be distributed in a manner which would promote the interests of any particular political party; (4) such assistance should be distributed through church-related and other nongovernmental organizations and international organizations selected by the Agency for International Development; and (5) the President should report quarterly to the Congress on the restructuring of such assistance, the economic results of such restructuring, and any reports of corruption in its distribution.
United States · United States Congress · 31 March 1988
McKinney Housing and Shelter for the Homeless Reauthorization Act of 1988 - Amends the Stewart B. McKinney Homeless Assistance Act to make certain housing assistance and emergency food and shelter audits an annual requirement. (Currently only two such audits are required.) Authorizes FY 1989 and 1990 appropriations for the Interagency Council on the Homeless. Extends such Council through October 1, 1990. Authorizes FY 1989 and 1990 appropriations for the Federal emergency management food and shelter program. Authorizes FY 1989 and 1990 appropriations for the emergency shelter program. Requires the Secretary of Housing and Urban Development to report annually to the Congress regarding the supportive housing demonstration program. (Currently only two such reports are required.) Authorizes FY 1989 and 1990 appropriations for such program. Authorizes FY 1989 and 1990 appropriations for supplemental assistance for facilities for the homeless. Increases FY 1989 and 1990 budget authority for section 8 assistance for single room occupancy dwellings. Makes religious organizations eligible (under specified conditions) to receive housing assistance under such Act or community development block grant funds under the Housing and Community Development Act of 1974. Requires the Secretary to issue implementing regulations. Specifies the time period for the Secretary to identify public buildings and property suitable to assist the homeless.
United States · United States Congress · 31 March 1988
Omnibus McKinney Homeless Assistance Act of 1988 - Title I: General Provisions - Amends the Stewart B. McKinney Homeless Assistance Act (the Act) to require the Comptroller General to make annual audits of Federal emergency management food and shelter and housing assistance programs. Title II: Interagency Council on the Homeless - Amends the Act to authorize appropriations through FY 1990 for the Interagency Council on the Homeless. Extends such Council through FY 1990. Title III: Federal Emergency Management Food and Shelter Program - Amends the Act to authorize appropriations through FY 1990 for the Federal emergency management food and shelter program. Title IV: Housing Assistance - Amends the Act to authorize appropriations through FY 1990 for the emergency shelter grants program. Requires the Secretary of Housing and Urban Development to report annually to the Congress regarding the supportive housing demonstration program. Authorizes program appropriations through FY 1990. Authorizes appropriations through FY 1990 for supplemental assistance for facilities to assist the homeless. Increases budget authority for section 8 assistance (low-income housing) for single room occupancy dwellings. Makes religious organizations or organizations with religious affiliations meeting specified conditions eligible to receive housing assistance under this title and community development block grants under the Housing and Community Development Act of 1974. Title V: Identification and Use of Surplus Federal Property - Amends the Act to require the Secretary to identify Federal properties to use to aid the homeless within two months of collecting such information. Title VI: Health Care for the Homeless - Subtitle A: Categorical Grants for Primary Health Services and Substance Abuse Services - Amends the Public Health Service Act to limit Federal matching funds after the first fiscal year to 66-2/3 percent of service costs with regard to grants for health assistance for the homeless. (Current law provides for 75 percent Federal funding.) Authorizes the continued provision for up to 12 months of certain health (including mental health) services to former homeless persons currently living in permanent housing. Includes persons living in transitional housing within the definition of "homeless individual" for purposes of such grants. Authorizes appropriations for such grants through FY 1991. Subtitle B: Block Grant for Community Mental Health Services - Amends the Public Health Service Act to authorize appropriations through FY 1991 for community mental health services block grants. Subtitle C: Authorization of Appropriations for Community Demonstration Projects - Amends the Act to authorize additional appropriations through FY 1991 for mental health services for homeless persons with chronic mental illness. Amends the Public Health Service Act to authorize appropriations through FY 1991 for alcohol and drug abuse treatment for homeless persons. Subtitle D: General Provisions - Sets forth effective dates for specified provisions of this title. Title VII: Education, Training, and Community Services Programs - Amends the Act to authorize appropriations through FY 1990 for the following programs for the homeless: (1) adult education; (2) education for children and youth; (3) exemplary education programs and related information dissemination; (4) job training, including a specified obligation for veterans' reintegration projects; and (5) the emergency community services homeless grant program. Title VIII: Food Assistance for the Homeless - Amends the Temporary Emergency Food Assistance Act of 1983 to make excess Commodity Credit Corporation (CCC) flour, cheese, and cornmeal available through 1990. Authorizes appropriations through FY 1990 for the temporary emergency food assistance program (TEFAP) including storage and distribution costs. Increases amounts obligated for emergency feeding organizations. Extends the termination date for such programs from September 30, 1988, to September 30, 1990. Title IX: Veterans Programs - Authorizes additional appropriations through FY 1990 for veterans' medical care, including specified amounts for domiciliary care and for chronically mentally ill homeless veterans. Authorizes additional appropriations through FY 1990 (to remain available through FY 1991) for veterans' job training. Title X: Aid to Families With Dependent Children and Related Programs - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to reduce Federal matching aid to families with dependent children (AFDC) in a jurisdiction where substantial progress is not being made toward reducing the number of AFDC families living in commercial or similar transient accommodations. Authorizes the Secretary to approve demonstration projects through FY 1990 under which States encourage landlords to make permanent shelter available to families receiving AFDC housing assistance by paying rent for such shelter for the first year at the rate paid for comparable commercial or similar transient accommodations and for the remainder of the lease at the applicable AFDC housing allowance.
United States · United States Congress · 31 March 1988
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit any person from dumping sewage sludge into the ocean without having obtained from the Administrator of the Environmental Protection Agency a permit imposing a special disposal fee for each dry ton dumped. Requires permittees to: (1) deposit 75 percent of such fees in a trust account for subsequent use on projects to eliminate ocean dumping after 1992; (2) pay 15 percent of such fees to the Administrator for sludge disposal research, reporting, and permit activities; and (3) pay ten percent of such fees to the Department in which the Coast Guard is operating for use by the Coast Guard in enforcing sewage sludge ocean dumping laws. Authorizes the Administrator to waive the fee requirement for permittees who have entered into a compliance agreement with the Administrator which phases out and terminates ocean dumping of sewage sludge by 1993 and sets forth a schedule for the implementation of an alternate sludge disposal system. Directs the Administrator to report to the Congress at six-month intervals on land-based disposal options for sewage sludge and the progress made by permittees toward the cessation of ocean dumping of such sludge. Outlaws the ocean dumping of municipal sludge after 1992. Imposes a civil fine for each dry ton of sludge dumped in violation of this Act's requirements.
United States · United States Congress · 30 March 1988
Directs the Agency for International Development (AID) to provide trauma care for victims of the Nicaraguan civil war through a contract with the Brown University Medical School's International Health Institute. Specifies that such care shall include: (1) a medical evacuation system; (2) a trauma care hospital center; and (3) a rehabilitation capability. Directs that such care be provided: (1) in accordance with guidelines specified by the American College of Surgeons; (2) on a nondiscriminatory basis; and (3) consistent with the requirements of the 1977 Protocols to the Geneva Conventions of 1949, the Esquipulas II Accord of August 1987, and the March 23, 1988, Nicaraguan cease fire agreement. Makes assistance under this Act contingent upon the approval of the Government of Nicaragua and the Nicaraguan resistance and upon assurances that no reprisals will be taken against wounded persons and that the trauma center established would not be subject to any harassment. Recommends a hospital in La Trinidad, Nicaragua, as the site of the trauma center. Authorizes appropriations.
United States · United States Congress · 29 March 1988
Amends the Federal criminal code to make it unlawful for any person to manufacture, assemble, import, sell, possess, receive, ship, or deliver any firearm which is not: (1) as detectable as the Minimum Security Standard Exemplar, after the removal of grips, stocks, and magazines, by walk-through metal detectors calibrated and operated in accordance with Federal Aviation Administration (FAA) standards for use at U.S. airports; or (2) impregnated with barium sulfate, or a similar compound, to facilitate detectability by cabinet x-ray systems. States that nothing in this Act shall require: (1) the FAA to utilize the Minimum Security Standard Exemplar as a FAA detection standard; or (2) that a firearm be made of any particular material or be of any particular weight as long as the detectability standard is met. States that firearms manufactured before the date of enactment of this Act, and the frame or receiver of any firearm, shall be excluded from coverage under this Act. Prohibits the Secretary of the Treasury from authorizing the importation of undetectable firearms. Provides increased criminal penalties for using or carrying an undetectable firearm during the commission of a crime of violence or a drug trafficking crime. Defines the term "Minimum Security Standard Exemplar" to mean a firearm substitute used for testing that resembles a revolver, is made of material type 17-4 PH stainless, and weighs four ounces. Directs the Administrator of the FAA to conduct research to improve the effectiveness of airport security metal detectors and airport security x-ray systems. Directs the Administrator of the FAA, the Director of the Secret Service, and the Director of the Marshals Service to conduct a study to identify available equipment capable of detecting the Minimum Security Standard Exemplar while distinguishing innocuous metal objects. Allows the Secretary, when appropriate because of changed technology, to submit proposed legislation to amend the definition of Minimum Security Standard Exemplar.
United States · United States Congress · 29 March 1988
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that primary emphasis of development activities to restore the renewable natural resource base shall be on small-scale, affordable, low-risk local projects featuring close consultation with, and involvement of, local people at all stages of project design and implementation. Requires the President to submit the plan to the Congress by July 1, 1989. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1989, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1989, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
United States · United States Congress · 22 March 1988
Renewable Energy and Energy Conservation Commercialization and Development Act - Requires the Secretary of Energy to establish specific technical research and development performance goals for Department of Energy programs relating to: (1) photovoltaics; (2) wind; (3) solar thermal; (4) biofuels; (5) solar building and energy systems; (6) ocean energy systems; and (7) geothermal energy. Mandates that such goals be designed to promote significant further commercial applications by 1995. Requires the Secretary to report annually to the Congress with respect to biennial technical performance goal reviews and updates. Requires the Secretary to include in the FY 1990 budget request funding for at least three commercial demonstration projects involving renewable energy technologies. States that 50 percent of such project costs shall be funded by the United States and 50 percent shall be funded by the private sector. Cites circumstances under which the United States may fund up to 66 percent of such project costs. Authorizes appropriations for FY 1989 through 1991 for: (1) specified renewable energy programs; (2) energy conservation research and development programs; and (3) a Federal interagency working group (established under the Energy Policy and Conservation Act to make recommendations regarding the coordination of Federal programs affecting commerce in renewable energy products and related services). Requires that each annual submission of the National Energy Policy Plan be accompanied by a three-year strategic plan for energy technology research, including energy efficiency and renewable energy.
![Official portrait of Rep. St Germain, Fernand J. [D-RI-1]](https://www.congress.gov/img/member/s000762_200.jpg)