United States · United States Congress · 17 May 1988
United States-Mexico Border Regional Development Act of 1988 - Provides Federal assistance for economic and human resource development to the State and local governments in the U.S.-Mexico border region of Arizona, California, New Mexico, and Texas. Defines such region as the area of the United States within 150 miles of the Mexican border, excluding any standard metropolitan statistical area with a population exceeding 1,000,000. Title I: The United States-Mexico Border Regional Commission - Establishes the United States-Mexico Border Regional Commission (the Commission). Sets forth provisions for Commission membership, voting, and duties. Directs the Commission to: (1) review and approve applications for assistance for development projects in the region; (2) develop comprehensive and coordinated regional development plans and programs and priorities for their implementation; (3) provide for research and assessments of regional development needs and resources; (4) provide for technical assistance, training programs, and development projects to foster regional (and special need area) productivity and growth; (5) provide for construction of necessary facilities; (6) review, study, and recommend appropriate modifications of public and private development plans for the region; (7) provide assistance for the State development planning process in the region and the coordination of such planning with other Federal and State laws; (8) formulate and recommend appropriate interstate compacts and cooperation; (9) work with State and local agencies in developing appropriate model legislation concerning the region; (10) encourage formation, and help pay administrative expenses, of local development districts; (11) encourage private investment in industrial, commercial, and recreational projects in the region; (12) coordinate development projects in the region; and (13) provide a forum for consideration of regional problems and proposed solutions, establishing and using, as part of such forum, citizens and special advisory councils and public conferences. Authorizes the Commission, in carrying out such duties, to designate areas in the region as being in special need of development assistance, specifying the characteristics of each such area that led to such designation. Limits the amount of the Commission's administrative expense payment to a local development district to 75 percent of the district's administrative expenses for a fiscal year. Limits such payment period to three years in the case of a nonprofit agency or instrumentality of a State which is certified as a local development district, or any local development district succeeding such district. Sets forth provisions for public participation and Commission recordkeeping. Authorizes the Commission to make recommendations to the President, the Congress, State Governors, and local governments in the region regarding: (1) expenditure of public funds in fields related to the purposes of this Act, such as natural resources, agriculture, education, training, health and welfare, and housing; and (2) enactment of additional legislation, and issuance of rules, necessary to further the purpose of this Act. Directs the President to provide for liaison between the Commission and other Federal entities. Sets forth provisions for the administrative expenses of the Commission. Requires member States to contribute payments for part of such expenses. Provides for Federal payment of certain salaries. Authorizes appropriations. Authorizes the President to make grants to the Commission to: (1) undertake or support research and assessment, technical assistance, training, demonstration projects, and construction of necessary facilities; (2) provide funds to member States for up to two years to strengthen the State development planning process for the region and the coordination of such planning with requirements imposed by other Federal and State laws; and (3) pay administrative expenses of local development districts, including expenses for development of economic development plans and programs for the area served and for technical assistance for persons implementing such plans and programs. Sets forth annual reporting requirements for each recipient of Federal assistance under this Act and for the Commission. Title II: Development Programs for the Region - Directs the Secretary of Health and Human Services (HHS) to make grants for planning, constructing, equipping, and operating demonstration health projects approved by the Commission, including projects for hospitals, regional diagnostic and treatment centers, community health centers, and other health facilities, and for provision of services, including nutrition and child care services, not readily available in the region. Prohibits taking such grants into account in computing any allotment or payment to a State under any other law. Sets forth provisions relating to the amounts, uses, and eligibility for construction and equipment grants, operating grants, and planning grants. Directs the Secretary of the Army to prepare a comprehensive plan for the development and efficient utilization of the water resources of the region for a variety of uses from hydroelectric power to recreation. Authorizes the Secretary to recommend to the Commission demonstration water projects to increase the supply of potable water for people in the region. Directs the Secretary to submit the plan for Commission review. Directs the Commission to submit the plan, with its recommendations, to the President, who shall transmit it with appropriate recommendations, to specified congressional officers. Authorizes the Secretary to enter into contracts necessary to prepare the plan. Authorizes appropriations. Directs the Secretary of Housing and Urban Development (HUD) to make grants and loans from the United States-Mexico Border Region Housing Fund (established by this Act) to nonprofit organizations,limited dividend and cooperative housing corporations, and public entities for assistance for proposed low- and middle-income housing projects. Permits such grants and loans to be used, with specified exceptions, only for: (1) planning approved housing construction and rehabilitation projects in the region for low- and moderate-income families and individuals; and (2) obtaining federally-insured mortgage financing or other financial assistance for them. Sets forth requirements relating to such loans and grants. Prohibits grants to for-profit organizations. Directs the Secretary to include in any such grant a limited amount of funds sufficient for essential site development and necessary off-site improvements, such as sewer and water line extensions. Establishes in the Treasury the United States-Mexico Border Region Housing Fund, consisting of: (1) appropriations to such fund; (2) interest from, and repayment of, such loans; and (3) interest from certain investments. Authorizes the Secretary, in consultation with the Commission, to provide: (1) technical assistance relating to such projects to nonprofit organizations; and (2) funds to member States to make grants and loans to various entities for such projects. Directs the Secretary of Education to make grants for demonstration vocational education projects, approved by the Commission, to construct, equip, and operate new and other school facilities needed to provide vocational education in areas of the region where such facilities are not adequate. Directs the Secretary to make grants to public entities for planning, constructing, equipping, and operating approved demonstration education projects to improve education services and programs in the region. Directs the Commission to give priority to any such projects that include; (1) vocational and technical education; (2) career education; (3) adult education; (4) guidance and counseling; and (5) bilingual education. Sets forth limits for construction and equipment grants, operation grants, and planning grants. Prohibits taking such grants into account in computing allotments or payments to a State under any other law. Directs the Administrator of the Environmental Protection Agency to make grants to assist projects approved by the Commission to construct sewage treatment works in the region. Prohibits taking such grants into account in computing allotments or payments to a State under any other law. Provides for supplements to certain Federal grants, to enable persons in the region, including local development districts, to receive Federal matching share grants for which they are ineligible solely because they cannot supply the required matching funds or for which insufficient funds are available. Authorizes the President to provide funds to the Commission chairperson to assist: (1) persons in the region to supply required matching funds (which will not be considered Federal funds); and (2) Federal officials to make matching share grants under Federal laws for which insufficient funds are available, for projects in the region. Requires States to maintain their current expenditures for the benefit of areas in the region, with specified exceptions. Provides for the State developing planning process, including submission of State plans by certain Commission members and requirements for plan preparation and components. Sets forth requirements for entities which State Governors or their designees may certify to the Commission as local development districts. Provides for review and approval by the Commission of applications for assistance under this Act. Bars use of funds under this Act to: (1) assist a person to relocate a business establishment from one State to another; (2) finance the cost of creating industrial facilities, commercial facilities, equipment, or working capital; (3) enable subcontractors to undertake work previously performed in another State by other subcontractors or contractors; or (4) finance the cost of facilities for the generation, transmission, or distribution of electric energy. Prohibits funds under this Act from being expended to assist any scientific or technological research or development project unless such expenditure is conditioned upon provisions to ensure that all information, copyrights, uses, processes, patents, and other developments resulting from such project will be made freely available to the general public. Directs the Attorney General to enforce such requirement in the appropriate U.S. district court. Title III: Authorization of Appropriations and Miscellaneous Provisions - Authorizes appropriations to carry out this Act not otherwise authorized. Sets aside 50 percent of such funds to carry out provisions for research and development projects, assistance to States, and administrative expenses of local development projects, and for supplements to certain Federal grants. Sets forth applicable labor standards. Requires that all laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair (including painting and decorating) for which funds are provided under this Act shall be paid wages at the prevailing rate for similar work in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.
United States · United States Congress · 12 May 1988
Designates the period of July 25 through July 31, 1988, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1988, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 11 May 1988
Congressional and Judicial Equal Employment Opportunity Act of 1988 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative and judicial branches of the Government be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Establishes within the judicial branch an Employment Review Board. Provides that members of the board be appointed from the retired judges of the Supreme Court and Courts of Appeals. Authorizes an aggrieved individual to file a written complaint with the Board. Establishes procedures for the Board to investigate, settle, hear, and determine the claims alleged. Provides that if a violation is found an order for relief may compel the defendant to: (1) employ or reinstate such individual on such terms and conditions as may be appropriate, except that the Board may not compel any committee or Member of Congress to employ or reinstate, or modify the terms and conditions of employment of, any individual; (2) pay compensatory damages; and (3) pay fees and allowances of witnesses and reasonable attorneys' fees. Authorizes the U.S. Court of Appeals for the District of Columbia Circuit to review, enjoin, set aside, suspend, modify, or enforce orders of the Board. Requires members of the Board to submit written reports to the Committee on Standards of Official Conduct of the House of Representatives and the Senate Select Committee on Ethics describing complaints during the reporting period involved.
United States · United States Congress · 11 May 1988
Expresses U.S. policy that Nicaragua should undertake specified reforms, such as reinstating due process and fair trials, ending torture, conducting free elections, allowing an uncensored free press, ensuring the right to strike and to publish for unions, allowing the Catholic Church to reopen its offices, and ending the forced relocation of Indians and Creoles. Urges all countries in Central America to continue to work toward achieving the democratic principles and processes specified in the August 7, 1987, Central American peace accord.
United States · United States Congress · 5 May 1988
Amends the Internal Revenue Code to permit cooperatives (farmers' cooperatives, cooperative banks, mutual insurance companies, and rural electric and telephone cooperatives) to: (1) elect to treat as ordinary income or loss any gain or loss from the sale or other disposition of any asset used by the organization to facilitate the conduct of business done with or for patrons; and (2) include such gain or loss in net earnings of the organization from business done with or for patrons.
United States · United States Congress · 5 May 1988
Expresses the sense of the Congress that Federal departments and agencies should use the most recent population data in determining the amount of benefit received by State, county, or local government.
United States · United States Congress · 4 May 1988
Designates specified land as the Manassas National Battlefield Addition. Directs the Secretary of the Interior to acquire land within the boundaries of the Addition and to administer such lands as part of the Manassas National Battlefield Park, Virginia. Authorizes appropriations.
United States · United States Congress · 3 May 1988
Expresses the sense of the Congress that certain officers and the crew of the U.S.S. Bonefish should be recognized and commended for their efforts to save their fellow shipmates when an explosion and fire threatened their submarine.
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 · 27 April 1988
Amends the Internal Revenue Code to provide that the income tax rules requiring cost capitalization shall not apply in connection with the qualified artistic work expenses of freelance writers, artists, and photographers. Excludes from qualified expenses those related to printing, photographic plates, motion picture films, video tapes, and similar items. Applies the same exemption with respect to qualified indirect costs of certain film producers, not including any direct costs of a motion picture film or video tape.
United States · United States Congress · 26 April 1988
Afghan Peace and Reconstruction Resolution - Urges the United Nations High Commissioner on Refugees to immediately develop a plan to assist the Afghans on their return to their homeland. Calls upon: (1) the Secretary of the Treasury and the Secretary of State to urge multilateral development banks and international organizations to contribute $300,000,000 over five years for the relief, reconstruction, and economic recovery of Afghanistan; and (2) the Secretary of State to urge certain nations to make a combined contribution of $450,000,000 for such purposes. Expresses the sense of the Congress that U.S. assistance to the Afghan resistance should not be cut off until the President is confident that all Soviet troops have been withdrawn from Afghanistan and that Soviet assistance to the current Afghan Government has ceased. Expresses the sense of the Congress that if the President determines that all such Soviet military assistance has been terminated, U.S. military support for the resistance is no longer necessary, and an acceptable government is in power, the President should request that the Congress provide $250,000,000 in assistance over five years for the relief, reconstruction, and economic recovery of Afghanistan.
United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 20 April 1988
Credit Union System Improvement Act of 1988 - Amends the Federal Credit Union Act to require that at least one member of the National Credit Union Administration Board (NCUAB) be an individual who has substantial credit union experience. Requires the Chairman of the NCUAB to assign to a Board member the responsibility to consult with insured State-chartered credit unions in the formulation and implementation of policies and regulations.
United States · United States Congress · 19 April 1988
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 21, 1988, as National Military Families Recognition Day.
United States · United States Congress · 19 April 1988
Expresses the sense of the Congress that: (1) a negotiated settlement to the conflict in the Persian Gulf is in the best interests of all nations; (2) the President should be commended for his efforts to achieve a negotiated settlement and for his judicious decisions to deploy and utilize U.S. armed forces to secure U.S. interests in the region; (3) the U.S. armed forces personnel involved in that area should be congratulated and medals or other decorations should be awarded; and (4) all Americans should join in saluting these individuals.
United States · United States Congress · 31 March 1988
Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988 - Amends Federal law to establish a new retirement system for bankruptcy judges and magistrates with 15 or more years of service, or at least eight years of service, upon attaining age 65. Entitles a bankruptcy judge or magistrate who has served at least five years to disability retirement. Provides for cost-of-living adjustments in such retirement system. Requires each bankruptcy judge or magistrate who elects an annuity under this Act to notify the Director of the Administrative Office of the United States Courts. Declares that such judge or magistrate shall not be entitled to an annuity under the civil service system. Declares this Act applicable to service on or after October 1, 1979. Provides for making payments which would otherwise be made to a bankruptcy judge or magistrate to another person to the extent provided for under the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Provides for deducting amounts from the salary of a bankruptcy judge or magistrate who elects an annuity under this Act. Allows such persons to make deposits for prior service. Declares that a bankruptcy judge or magistrate who retires and thereafter practices law: (1) may not receive the benefit of any cost-of-living adjustment during the period in which such person practices law until reaching age 70; and (2) no annuity shall accrue or be paid for any such period until such person reaches age 70. Provides for the payment of the lump-sum credit of any bankruptcy judge or magistrate who leaves office prior to such person's eligibility to receive an annuity. Establishes the Judicial Officers' Retirement Fund for the payment of annuities, refunds, and other payments under this Act. Authorizes appropriations as necessary for the unfunded liability of the Fund. Establishes transition provisions for incumbent judges and magistrates. Provides survivors' annuities for bankruptcy judges, magistrates, and incumbents. Authorizes the recall of retired bankruptcy judges and magistrates into service.
United States · United States Congress · 30 March 1988
Medical Testing Improvement Act of 1988 - Amends title III (General Powers and Duties) of the Public Health Service Act to remove references to interstate commerce from provisions prohibiting operating a laboratory without a license issued by the Secretary of Health and Human Services. Repeals provisions exempting from statutes regulating laboratories those laboratories operated by physicians, osteopaths, dentists, or podiatrists solely as an adjunct to the treatment of their own patients. Requires an annual inspection of laboratories to insure compliance with standards issued by the Secretary. Requires laboratories to qualify under a quarterly proficiency testing program established by the Secretary, including testing for each category of test which the laboratory is authorized to perform under its license. Requires the Secretary to maintain a technical and staff capacity to provide training and technical assistance to laboratories requesting such service and to laboratories which do not qualify under the proficiency testing program. Allows the proficiency testing to be performed by a private entity only if the entity meets standards established by the Centers for Disease Control. Requires the Secretary to maintain the capacity to conduct the testing. Makes laboratory licenses issued by the Secretary valid for one year instead of three years. Removes the cap on the fee for issuance or renewal of licenses. Directs the Secretary to make grants to a State which enacts laws providing for standards equal to or more stringent than under the provisions amended by this Act to assist the State in implementing the laws.
United States · United States Congress · 30 March 1988
Federal Law Enforcement Officers Death Penalty Act of 1988 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 30 March 1988
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 29 March 1988
Sets standards to assure the safe transportation of school children to, from, or on military installations owned or controlled by the United States and located outside the United States. Directs the Secretary of each military department to provide that the commanding officer of each U.S. military installation which has personnel with school children contract or otherwise provide for the use of motor vehicles as school buses to transport children to and from a Department of Defense Office of Dependent Schools (DODDS) institution. Sets minimum precautions to be taken by DODDS and each military department to protect school children from injury while being transported to and from DODDS institutions. Directs DODDS to develop a training program for all persons who operate school buses and makes successful completion of such program a prerequisite to operating a school bus. Specifies that such program shall include training in areas such as safe boarding and discharging of school children, safe driving techniques, and first-aid. Directs the appropriate Secretary to require each DODDS school to hold drills in leaving school buses under emergency conditions. Sets requirements for school bus equipment, including warning devices, warning signs, and safety belts. Directs that school buses be maintained as required by local law. Authorizes the Secretary of Defense to issue and enforce other lawful maintenance regulations which are reasonably likely to make the transportation of school children safer. Sets forth mandatory qualifications for school bus operators, including English language ability and passage of a special examination on the safe operation of a school bus. Prohibits any military department from hiring any person to operate a school bus transporting pupils unless such person meets specified requirements, including passing a physical examination, providing a copy of department of motor vehicle (DMV) records showing that the person had not been convicted of certain driving or criminal offenses, is between the ages of 18 and 70, and successfully completed a first-aid course. Requires that results of the physical examination and DMV records be furnished annually. Prohibits any operator from performing services in excess of eight hours in any 24-hour period or from operating a school bus without wearing a safety lap belt. Sets forth procedures for establishing bus routes, loading and unloading of passengers, seating of passengers, and railroad crossings to maximize safety. Makes a person guilty of reckless driving if he or she fails to stop when approaching from any direction a clearly marked school bus which is taking on or discharging school children on Federal property, unless the bus is stopped on the other side of a divided roadway or on a driveway which is separated by a physical barrier or unpaved area from the roadway on which he is driving. Sets a maximum speed limit of 25 miles per hour on U.S.-owned or controlled property, between "school" or "school crossing" signs. Establishes additional requirements related to signs.
United States · United States Congress · 29 March 1988
Provides that restrictions may be applied to information, counseling, or services provided by family planning entities abroad that receive U.S. assistance under the Foreign Assistance Act of 1961 only to the extent that the same restrictions apply to domestic family planning entities receiving funds under the Public Health Service Act.
United States · United States Congress · 29 March 1988
Amends the Revenue Act of 1987 to delay until October 1, 1988, the imposition of excise tax on wholesale sales of diesel and aviation fuels. (Under current law the tax applies to sales after March 31, 1988.)
United States · United States Congress · 24 March 1988
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 17 March 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels by a producer or importer for use by the purchaser in a nontaxable use (defined to include, among other uses, any off-highway business use, use as supplies for vessels or aircraft, State or local governmental use, and use by a nonprofit educational organization). Permits the exemption only if both the seller and purchaser have registered with the Secretary of the Treasury. Requires producers, importers, and purchasers taking part in reduced-tax sales to file with the Secretary information returns containing specified data. Requires producers and importers, in addition, to furnish corresponding statements to their purchasers. Establishes penalties for failure to file required returns.