United States · United States Congress · 29 March 1988
National Research Institutes Reauthorization Act of 1988 - Title I: Biomedical and Behavioral Research Facilities - Amends title IV (National Research Institutes) of the Public Health Service Act to create a new part on biomedical and behavioral research facilities. Authorizes the Director of the National Institutes of Health, through the Director of Research Resources (Director), to award grants to public or nonprofit private institutions to expand, remodel, renovate, or alter existing research facilities or construct new research facilities. Establishes in the Division of Research Resources of the National Institutes of Health a Technical Review Board on Biomedical and Behavioral Research Facilities to advise the Director and the Advisory Council (established by current law) on the construction of facilities and to conduct peer review of applications received pursuant to this title. Sets forth requirements for application and selection of grants. Limits the amount of any grant to 50 percent of the cost of construction or, in the case of a multipurpose facility, 50 percent of the cost of construction proportionate to the contemplated use. Allows the Director to waive these limitations for institutions of emerging excellence in biomedical or behavioral research. Provides for recapture of payments in certain circumstances for 20 years after completion of construction. Requires the Director to prescribe regulations with respect to the grants. Requires peer review of grant applications under existing provisions. Authorizes appropriations for FY 1989 through 1991. Title II: Biomedical Ethics - Requires the Director of the Division of Research and Resources to enter into cooperative agreements and to make grants for the development or expansion of no less than five centers of excellence in biomedical and behavioral research ethics. Replaces provisions relating to fetal research and the Biomedical Ethics Advisory Committee with provisions requiring the Secretary of Health and Human Services, no later than one year after enactment of this Act, to appoint an Ethics Advisory Board to advise the Secretary and biomedical researchers regarding research on fetal therapy and on research involving human fetuses. Requires the Secretary, not later than 90 days after enactment of this Act, to issue a contract proposal, to which the National Academy of Sciences is required to be invited to apply, for a grant or contract to examine the scientific, ethical, and funding issues surrounding the conduct of research on fetal therapy and involving human fetuses. Sets forth reporting requirements. Prohibits the Secretary, for two years after enactment of this Act, from granting a modification or waiver of certain Federal regulations concerning fetal research. Title III: National Institute of Neurological and Communicative Disorders and Stroke - Authorizes the Director of the National Institute of Neurological and Communicative Disorders and Stroke to enter into cooperative agreements and to make grants for eight new or existing centers for disorders of hearing and communication diseases. Specifies required and permitted uses of funds provided. Title IV: National Institute on Aging - Requires the Director of the National Institute on Aging to enter into cooperative agreements and to make grants for the development or expansion of centers of excellence in geriatric research and training. Title V: National Center for Medical Rehabilitation Research - Establishes the National Center for Medical Rehabilitation Research (Center) as an agency of the National Institutes of Health (NIH) to conduct research training, the dissemination of information, and other programs with respect to the rehabilitation of individuals with physical disabilities resulting from diseases or disorders of the neurological, musculoskeletal, cardiovascular, or other physiologic systems (medical rehabilitation). Requires the NIH Director to develop a comprehensive plan for the conduct and support of medical rehabilitation research. Requires the Director to establish the Medical Rehabilitation Coordinating Committee and the Medical Rehabilitation Advisory Council to assist and make recommendations to the NIH Director and the Center Director on different aspects of this title. Title VI: National Center for Nursing Research - Authorizes the Director of the National Center for Nursing Research to: (1) enter into cooperative agreements and make grants for research and demonstration projects; and (2) make grants for the acquisition, construction, or renovation of facilities. Title VII: National Cancer Institute - Amends provisions stating the purpose of the National Cancer Institute to include rehabilitation from cancer. Makes miscellaneous changes to the special authorities of the Director of the National Cancer Institute relating to the services of experts or consultants, technical and scientific peer review, publication of cancer information, and receipt of funds appropriated by the Congress for the Institute. Amends provisions relating to grants for cancer research and demonstration centers to add control of cancer as one of their purposes. Title VIII: National Heart, Lung, and Blood Institute - Requires the Director of the National Heart, Lung, and Blood Institute to place special emphasis on collaborative efforts with both the public and private sectors to: (1) increase awareness and knowledge regarding prevention of heart and blood vessel, lung, and blood diseases and the utilization of blood resources; and (2) develop and disseminate information designed to encourage adults and children to adopt healthful habits concerning the prevention of such diseases. Authorizes the National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program to establish certain types of programs involving rehabilitation from such diseases. Requires the Director to support programs for education and training. Authorizes the national research and demonstration centers for heart, blood vessel, lung, and blood diseases, sickle cell anemia, and blood resources to engage in rehabilitation activities. Repeals provisions authorizing the Secretary of Health and Human Services to establish an Interagency Technical Committee on Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources. Title IX: National Institutes of Health - Authorizes the Secretary, acting through the Director of the National Institutes of Health (NIH), to establish scientific program advisory committees without regard to Federal law governing appointments in the competitive service, classification, and pay rates. Title X: General Provisions Respecting National Research Institutes - Revises provisions relating to the authority of the directors of the national research institutes to: (1) make the provisions apply to other agencies of the NIH as well as to the research institutes; (2) authorize the directors of the research institutes and other agencies to establish technical and scientific peer review groups and appoint their members; and (3) make other changes. Changes the makeup of: (1) the advisory councils which the Secretary must appoint for each research institute; and (2) the National Cancer Advisory Board. Authorizes appropriations for the National Cancer Institute and the National Heart, Lung, and Blood Institute for FY 1989 through 1991. Title XI: National Institute of Diabetes and Digestive and Kidney Diseases - Removes a provision requiring that the National Diabetes Advisory Board, the National Digestive Diseases Advisory Board, and the National Kidney and Urologic Diseases Advisory Board expire on September 30, 1988. Title XII: National Institute of Arthritis and Musculoskeletal and Skin Diseases - Adds skin diseases to the provisions dealing with the plan and activities of the national arthritis and musculoskeletal diseases program. Adds rehabilitation to the responsibilities of multipurpose arthritis and musculoskeletal disease centers. Title XIII: National Library of Medicine - Changes the makeup of the Board of Regents of the National Library of Medicine to increase the number of members who are not ex officio from ten to 13 and to require appointment by the President instead of by the Secretary. Authorizes appropriations for grants and contracts under specified provisions relating to the National Library of Medicine for FY 1989 through 1991. Directs the Secretary to make grants for projects in the research, development, and demonstration of new educational technologies to assist in the training of health professions students and enhance and improve the research and teaching capabilities of health professionals. Authorizes grants which the Secretary is required to make for basic resources of medical libraries and related instrumentalities to be used for the acquisition, construction, or renovation of facilities. Removes the cap on grants for basic resources. Authorizes grants and contracts which the Secretary is required to make and enter into for regional medical libraries to be used for the acquisition, construction, or renovation of facilities. Title XIV: Awards and Training - Amends provisions relating to National Research Service Awards to require the Secretary, acting through the Director of the NIH, to assure that support is provided for multidisciplinary research training in disciplines not readily identified with existing categorical institutes. Authorizes appropriations for payments under National Research Service Awards and under grants for such awards for FY 1989 through 1991. Title XV: General Provisions - Requires peer review of applications for grants, contracts, and cooperative agreements to be carried out congruent with changing review need. Requires technical and scientific peer review of research at the NIH to authorize the review to be conducted by groups appointed under specified provisions relating to the authority of the Director of the NIH and the directors of the research institutes, except as provided in specified provisions relating to the authority of the Director of the National Cancer Institute. (Current law contains no such exception.) Title XVI: General Powers and Duties of Public Health Service - Amends title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to authorize the Secretary of Health and Human Services to establish a Senior Biomedical Scientific Service. Requires members of the Service to be assigned to duties that require expertise in biomedical research, behavioral research, or clinical research evaluation.
United States · United States Congress · 24 March 1988
Amends the Internal Revenue Code to permit a taxpayer a nonrefundable 15 percent income tax credit for long-term health insurance costs paid for the benefit of the taxpayer, spouse, or a parent of either. Limits the annual amount of the credit to $300 ($600 if the insurance covers two or more individuals). Reduces the credit percentage as income increases above specified levels ($43,150 single; $71,900 joint). Permits a taxpayer to include as tax-deductible medical expenses any amounts incurred for the long-term health care of a nondependent parent of either the taxpayer or spouse.
United States · United States Congress · 24 March 1988
Expresses the sense of the Congress that: (1) the situation in Panama constitutes an extraordinary threat to the United States; (2) the United States should act immediately to impose additional pressure on General Noriega and should obtain his extradition from Panama; (3) the United States should take immediate steps to provide additional support to President Delvalle's government; and (4) the U.S. Government should consider a comprehensive package of emergency economic assistance to President Delvalle's transitional government after General Noriega has left Panama to assist in rebuilding Panama's economy.
United States · United States Congress · 23 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 · 23 March 1988
Omnibus Antidrug Abuse Act of 1988 - Title I: Drug Enforcement and Personnel Enhancement - Subtitle A: Asset Forfeiture Fund Amendments Act of 1988 - Department of Justice and Department of Treasury Assets Forfeiture Fund Amendments Act of 1988 - States that receipts and disbursements out of the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund: (1) shall not be included in the totals of the Federal or congressional budget; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending of the Government; and (3) shall not be included for purposes of calculating the deficit. States that the Department of Justice and the U.S. Customs Service, with respect to receipts and disbursements from such funds, shall be considered off-budget Federal entities. States that amounts to be disbursed out of such funds shall not be subject to limitation by appropriations Acts. Amends the Tariff Act of 1930 to provide that the Customs Forfeiture Fund shall be available to the U.S. Customs Service permanently. Authorizes the transfer of funds from the Department of Justice Assets Forfeiture Fund to the Building and Facilities account of the Federal prison system for the construction of correctional institutions, and to the Support of United States Prisoners in non-Federal Institutions account of the Department of Justice. Allows the Attorney General, with respect to the DOJ Assets Forfeiture Fund, and the Commissioner of Customs, with respect to the Customs Forfeiture Fund, to exempt the procurement of supplies and services under such funds if necessary to maintain the security and confidentiality of related criminal or civil investigations. Amends the Controlled Substances Act to require the Attorney General to ensure the equitable transfer of forfeited property to the appropriate State and local law enforcement agency or prosecutor's office. Subtitle B: State and Local Narcotics Control Assistance Act of 1988 - Part A: Establishment of the Bureau of Justice Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to: (1) develop an annual State and Local Strategic Drug Control Plan; and (2) publish and disseminate information on the condition and progress of drug control activities. Requires the Bureau to: (1) coordinate Federal, State, and local government efforts toward a national drug control strategy; (2) serve as the coordinating Federal agency with respect to the submission of State and local applications for grant-in-aid programs under the Antidrug Abuse Act of 1986; and (3) maintain a liaison with Federal agencies having drug control authority. Part B: Drug Control Formula Grant Program - Authorizes the Bureau to make grants to States having approved statewide drug control strategies for: (1) Zero Tolerance Enforcement Programs that effect heightened public awareness of and support for local drug control enforcement projects; (2) Multi-Jurisdictional Task Force Programs; (3) Drug Control Law Enforcement Training Programs; (4) Multi-Jurisdictional Intelligence and Data Sharing Programs; (5) Judicial Drug Control Training Programs; (6) Prison Treatment Programs; (7) Drug Treatment for Youthful Offenders Programs; and (8) Statewide and National Intelligence Systems Programs. Requires the executive officer of each participating State to designate a State drug control office to: (1) prepare applications to obtain funds under this Program; and (2) administer such funds. Requires the chief executive officer of each participating State to maintain a State Drug Control Board to: (1) analyze the drug control problems within the State; (2) prepare a statewide drug control strategy; (3) receive, review, and approve (or disapprove) applications from State agencies and units of local government; (4) prepare annual reports containing assessments of the State drug control program; and (5) assure fund accountability, auditing, and evaluation of programs and projects funded under the Program. Permits the establishment of local drug control offices to prepare and coordinate drug control strategies and implement the provisions of this Act at the local level. States that each jurisdiction which is eligible to have a local drug control office shall establish local drug control boards to: (1) analyze the drug control problem within that jurisdiction; (2) prepare a jurisdiction-wide drug control strategy; (3) receive, review, and approve (or disapprove) applications from units of local government; and (4) prepare annual reports containing assessments of the drug control program. Directs the Bureau to establish a National Drug Control Assistance Coordination Board to provide for the representation of drug control agencies at the Federal, State, and local levels for the purpose of articulating national drug control priorities, programs, and resource needs. Sets forth: (1) State application procedures under the Program; (2) certain limitations on the use of Program funds for administrative expenses; and (3) procedures for the allocation and distribution of Program funds. Part C: Drug Control Discretionary Grant Program - Authorizes the Bureau to develop programs and make grants to public agencies and private nonprofit organizations for technical assistance, training, and national scope and demonstration projects in support of any of the purposes specified in part B of this subsection (Drug Control Formula Grant Program), and any purpose specified in the strategic drug control plan developed by the Bureau. Sets forth application requirements with respect to such program and procedures for the allocation and distribution of program funds. Provides that grants under this program shall be for a period not to exceed three years (may be extended for up to two years under certain circumstances). Part D: Targeted State and Local Strategic Drug Control Plan - Requires the Bureau to complete an annual National Strategic Drug Control Plan which targets the most critical drug control problems that are most effectively resolved at the State and local levels. Part E: Miscellaneous Amendments to Justice Assistance Act of 1984 - Allows Criminal Justice Facility Construction grants to cover 80 percent of the estimated costs of approved construction. (Current law allows such grants to cover 20 percent of such costs.) Part F: Administrative Provisions - Authorizes the Bureau to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subtitle. Directs the Bureau to prepare a "Program Brief" and an "Implementation Guide" for each of the programs and projects contained in the formula grant programs. States that the functions, powers, and duties specified in this subsection to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically authorized by the Congress. Allows the Bureau to arrange with and reimburse other Federal departments and agencies for the performance of functions under this subtitle only if the funds are to benefit the units of State and local government. Sets forth program and project evaluation and reporting requirements. Part G: Funding - Authorizes appropriations for FY 1989 through 1991 to carry out the grant programs authorized under this subtitle. Authorizes appropriations for FY 1989 for salaries and expenses of the Bureau. Part H: Relationship with the Justice Assistance Act of 1984 - Directs the Bureau to administer any funds available to it under the Omnibus Crime Control and Safe Streets Act of 1968 in such a manner as to compensate for the increase in cases resulting from apprehensions and accelerated prosecutions of persons accused of drug trafficking, possession, and related offenses. Encourages State and local jurisdictions to participate in funding under this Act. Subtitle C: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act to establish 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) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle D: Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Comprehensive Federal Law Enforcement Officer Improvements Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the basic level of public safety officer death benefits. Removes the requirement that parent beneficiaries be dependents of the deceased officer. Establishes the National Advisory Commission on Law Enforcement to study the methods and rates of compensation of law enforcement officers. Requires the Commission to report the results of such study to the President and the Congress within six months of enactment of this Act. Subtitle E: Deportation of Convicted Foreign Drug Inmates - Violent Criminal Alien Deportation Act - Allows the Attorney General to order the deportation of any alien convicted of an aggravated violent felony. Allows the District Director of the Immigration and Naturalization Service for the district in which the alien was sentenced and convicted to issue the order of deportation on behalf of the Attorney General. Sets forth procedures for the appeal of such a deportation order. Subtitle F: Customs Enforcement Amendments Act of 1988 - Customs Enforcement Amendments Act of 1988 - Requires the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements prescribed by the Secretary of Commerce. Establishes civil penalties for violations of such requirements. Increases the penalties for failing to declare controlled substances brought into the United States. States that a declaration of forfeiture by a customs officer shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a U.S. District Court. Provides that title in such forfeited property shall be deemed to vest in the United States free of any liens or encumbrances (with certain exceptions). Allows the Secretary of the Treasury to retain forfeited property for official use. Allows the Secretary to transfer forfeited property to any Federal agency, to any State or local law enforcement agency, or to any foreign government that cooperates with the U.S. Customs Service in joint enforcement operations. States that any person who is convicted of a criminal offense under any law administered or enforced by the Customs Service involving the Bank Secrecy Act, Money Laundering Act, or the Controlled Substances Act shall be fined the reasonable costs of the investigation and prosecution. Authorizes the Secretary of State to make regulations prescribing procedures for marking the passports of those convicted of controlled substances offenses. Provides for the revocation of the passports of those convicted of a controlled substances violation, or any criminal violation of the Bank Secrecy Act or the Money Laundering Act. Establishes procedures for the reissuance of such passports. Grants the Secretary of the Treasury certain powers (including the power to subpoena witnesses and compel their testimony) which are necessary to the enforcement of laws relating to the importation or exportation of prohibited merchandise. Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to include in the definition of "racketeering activity" acts relating to: (1) the illegal exportation of munitions; (2) the illegal exportation of merchandise; (3) criminal violations of the Trading With the Enemy Act; or (4) criminal sanctions under the International Emergency Economic Powers Act. Amends the Federal Aviation Act of 1958 to provide civil penalties for failing to report the transfer of ownership of an aircraft to the Secretary as required under such Act. Subjects such aircraft to seizure and forfeiture. Subtitle G: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes additional appropriations for FY 1989 for the: (1) Coast Guard for drug enforcement personnel; (2) U.S. Customs Service for drug enforcement personnel; (3) Immigration and Naturalization Service Border Patrol for drug interdiction personnel; (4) Immigration and Naturalization Service for criminal investigation personnel, and for the Organized Crime Drug Enforcement Task Force in New York City; (5) Bureau of Alcohol, Tobacco, and Firearms; (6) Drug Enforcement Administration; (7) Federal Bureau of Investigation (FBI) for drug enforcement personnel; (8) U.S. Marshals Service; (9) Federal Prison System; and (10) U.S. Attorneys. Subtitle H: Miscellaneous Law Enforcement Provisions - Authorizes rewards to be paid for assisting in, or furnishing information which leads to, the capture of an escaped Federal prisoner or a person who has violated parole or probation or defaulted on bail bond. Makes it unlawful for any person to carry a dangerous weapon into a Federal courthouse. Authorizes the Attorney General to make payments for the support of U.S. prisoners in non-Federal institutions. Authorizes appropriations for FY 1989 through 1991 for the President's Media Commission on Alcohol and Drug Abuse Prevention. Title II: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: International Drug Eradication Improvement Program - Establishes within the Department of State, under the Office of International Narcotics Matters, an International Special Operations Drug Eradication Squadron to: (1) provide special assistance to drug source countries who request drug eradication assistance; and (2) participate in joint international drug eradication operations in drug source countries. Authorizes appropriations for FY 1989 for the International Narcotics Matters program at the Department of State for the procurement and maintenance of aircraft and for Squadron personnel. Directs the Secretary of State to establish guidelines and procedures to govern the deployment of the Squadron. Subtitle B: International Narcotics Matters Improvement and Special Assistance Programs - Establishes under the Agency for International Development (AID) a special economic assistance incentive grant program to provide assistance to drug source countries that meet specific eradication goals during FY 1989, 1990, and 1991. Sets forth grant eligibility requirements. Authorizes appropriations for FY 1989 through 1991 for AID. Requires the Comptroller General of the United States to monitor such program. Requires the Attorney General, the Director of AID, and representatives of the House and Senate to meet at the start of FY 1991 to consider whether such program should be continued beyond FY 1991. Subtitle C: Amendments to Foreign Assistance Act of 1961, as Amended - Amends the Foreign Assistance Act of 1961 to list additional factors to be considered by the President when determining whether to certify that a foreign country is cooperating with the United States in its international narcotics control efforts. Subtitle D: International Narcotics Matters Authorization of Appropriations - Authorizes appropriations for FY 1989 and 1990 for the economic assistance incentive grant program. Earmarks specified amounts of FY 1989 and 1990 appropriations for: (1) developing safe and effective herbicides for use in the aerial eradication of coca; (2) the procurement of weapons to defend aircraft involved in narcotics control efforts; and (3) pilot and aircraft maintenance training for narcotics control activities. Provides that funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking may be reallocated to countries which take such steps. Lists additional requirements (regarding coca production, possession, and distribution) which must be met by Bolivia before receiving FY 1989 assistance. Limits FY 1989 and 1990 international narcotics control assistance for Mexico. Withholds $1,000,000 of such assistance until Mexico has fully investigated (and prosecuted those responsible for) the murder, detention, and torture of certain Drug Enforcement Administration (DEA) agents. Directs the Assistant Secretary of State for International Narcotics Matters to provide more narcotics control assistance to those drug-transit countries which are not "major drug-transit countries" and which are cooperating with the United States in its international narcotics control efforts. Authorizes additional funding for activities aimed at increasing awareness of the efforts of production and trafficking of illicit narcotics in source and transit countries. Directs the Secretary of State and the Attorney General to develop a model extradition treaty with respect to narcotics-related violations, a model legal assistance treaty, and model comprehensive anti-narcotics legislation. Subjects any transfer by the United States of property seized or forfeited in connection with narcotics-related activities to a foreign country for narcotics control purposes to the regular reprogramming procedures applicable under the Foreign Assistance Act of 1961. Requires that the annual narcotics control reports include: (1) a description of the assistance provided by the DEA and the Customs Service to each country; (2) a description of the assistance provided by each country to the DEA and Customs Service; (3) an expression, in numerical terms, of achievable reductions in illicit drug production; and (4) a description of U.S. assistance denied to each major illicit drug producing and drug-transit country. Subtitle E: Latin American Antidrug Strike Force - Expresses the sense of the Congress that: (1) the operations of international illegal drug smuggling organizations pose a threat to the national security of the member states of the Organization of American States (OAS); (2) illegal international drug smuggling organizations threaten to overwhelm small nations; (3) members of OAS should coordinate their efforts to fight the illegal drug trade; (4) the formation of a multinational strike force to conduct operations against illegal drug smuggling organizations is necessary; (5) the United States should initiate diplomatic discussions to achieve an agreement to establish and operate the Latin American Antidrug Strike Force; and (6) the United States stands ready to provide equipment, training, and financial resources to support the Strike Force, but believes that Strike Force personnel should be provided by those states facing the most serious threat. Establishes the position of Ambassador at Large and Coordinator for Western Hemisphere Antidrug Efforts to: (1) coordinate the efforts of all U.S. bureaus and agencies involved in antidrug efforts; (2) report to the Secretary and to the Chairman of the National Drug Policy Board on the effectiveness of the operations and level of cooperation of such bureaus and agencies; (3) be a member of all interagency groups with authority or oversight over U.S. international drug policy or operations; (4) undertake diplomatic discussions with OAS members regarding the formation of a multinational strike force intended to conduct operations against international illegal drug trafficking organizations in the Western Hemisphere; and (5) seek to secure participation in the strike force by those Western Hemisphere states most threatened by international illegal drug trafficking organizations. Directs the Secretary to report to specified congressional committees on the progress made toward establishing the multinational strike force. Requires the Secretary of Defense to develop a plan for the establishment, training, equipping, and operation of the multinational strike force. Title III: Drug Interdiction Asset Improvement and Enhancement - National Drug Interdiction Asset Improvement and Enhancement Act of 1988 - Subtitle A: Coast Guard - Authorizes appropriations for FY 1989 for the Coast Guard for the procurement of marine and air drug interdiction assets. Subtitle B: United States Customs Service - Authorizes appropriations for FY 1989 for the U.S. Customs Service for the procurement, operation, and maintenance of certain drug interdiction assets. Subtitle C: Department of Defense Drug Interdiction Assistance - Department of Defense Drug Interdiction Assistance Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Defense for the enhancement of drug interdiction assistance activities. Subtitle D: Drug Enforcement Administration - Authorizes appropriations for FY 1989 for the DEA for the establishment of an International Drug Interdiction helicopter force and for the enhancement of the El Paso Intelligence Center. Subtitle E: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the Department of Justice for the procurement of drug interdiction-related equipment for Border Patrol drug enforcement personnel. Subtitle F: Establishment of Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force - Establishes an Interagency Southwest Border Drug Interdiction Mobile Corridor Task Force to: (1) conduct a joint drug interdiction operation between ports of entry along the southwest border of the United States, from Texas to California; (2) assist and augment other law enforcement agencies along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers; and (3) assist State and local law enforcement officials along such border in the interdiction of illegal drugs and the arrest of narcotics traffickers. Authorizes appropriations for FY 1989 for the Department of Justice for such task force. Subtitle G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subtitle H: Special Drug Interdiction Support - Authorizes appropriations for FY 1989 for Puerto Rico, Jamaica, the Dominican Republic, and Hawaii for special drug interdiction support. Requires the recipients of special drug interdiction assistance to submit periodic reports to the Congress regarding the status of the procurement of resources and related operation and maintenance expenditures authorized under this subtitle. Title IV: Demand Reduction - Subtitle A: Treatment and Rehabilitation - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to establish drug abuse demonstration projects for the treatment and rehabilitation of drug dependent offenders who could otherwise be subject to incarceration. Authorizes appropriations for FY 1989 through 1991 to carry out such projects. Subtitle B: Alcohol and Drug Abuse Treatment and Rehabilitation - Alcohol and Drug Abuse Treatment and Rehabilitation Improvement Act of 1988 - Authorizes appropriations for FY 1989 through 1991 for the basic Alcohol, Drug Abuse and Mental Health Block Grant Program. Requires that at least 49 per cent of such appropriations be made available for alcohol and drug abuse programs. Authorizes appropriations for FY 1989 through 1991 for substance abuse emergency drug treatment programs to be targeted to those States and communities where the substance abuse problem is most acute. Requires that all States eligible to receive basic and emergency Alcohol, Drug Abuse, Mental Health Block Grants develop Statewide substance abuse treatment facilities plans. Allows such States to expend up to 1.5 percent of their grants to develop and prepare such plans, and up to 40 per cent of such grants to acquire, construct, or renovate such facilities. Subtitle C: Amendments to the Drug-Free Schools and Communities Act - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Makes technical amendments to such Act with respect to eligibility, application, and reporting requirements. Title V: National Drug Enforcement Agency Reorganization and Coordination - Subtitle A: Establishment of Office of Enforcement and Border Affairs in Department of Treasury - National Border Coordination and Reorganization Act of 1988 - Part A: Establishment and Officers - Establishes within the Department of the Treasury the Office of Enforcement and Border Affairs, which shall consist of: (1) the Office of the Assistant Secretary of the Treasury for Enforcement; and (2) the Coast Guard. Provides that the Office of Enforcement and Border Affairs shall be headed by the Under Secretary of the Treasury for Enforcement and Border Affairs. Establishes within the Office of Enforcement and Border Affairs: (1) the Office of Border Management Affairs, which shall be headed by the Assistant Secretary of the Treasury for Border Management Affairs; and (2) the Office of Narcotics Interdiction, which shall be headed by the Assistant Secretary of the Treasury for Narcotics Interdiction. Part B: Transfer of the Coast Guard to Office of Enforcement and Border Affairs - Transfers the Coast Guard from the Department of Transportation to the Office of Enforcement and Border Affairs of the Department of the Treasury. Subtitle B: Department of Defense Drug Interdiction Reorganization - Establishes within the Office of the Assistant Secretary of Defense for International Security Affairs the position of Deputy Assistant Secretary of Defense for International Drug Interdiction and Enforcement to supervise Department of Defense drug interdiction and enforcement activities. Subtitle C: Establishment of a Senate Select Committee on Narcotics Abuse and Control - Establishes the Senate Select Committee on Narcotics Abuse and Control which shall have the authority to: (1) conduct a comprehensive study and review of the problems of narcotics abuse and control; and (2) review any recommendations made by the President, or any Federal department or agency, relating to programs or policies affecting narcotics abuse or control. Authorizes appropriations for FY 1989 through 1991 for salaries and expenses of such Committee. Sets forth Committee reporting requirements. Title VI: Research and Development for Law Enforcement Agencies - Subtitle A: Establishment of New Research and Development Programs to Assist Federal Law Enforcement Agencies - Directs the Attorney General to establish a Research and Technology Group under the National Drug Policy Board to review the research, development, technology, and evaluation programs of the Department of Defense and development programs of other nondefense Federal agencies to assist their applicability to the operations, programs, and missions of the Federal law enforcement agencies. Directs the Attorney General to establish a Research, Technology and Acquisition Advisory Board to make recommendations to the National Drug Policy Board through the Research and Technology Group. Requires the President to designate and establish within existing facilities of the Department of Defense, the Department of Justice, the Department of Energy, the National Security Agency, and the Central Intelligence Agency, at least eight new National Technology Centers to develop technologies for application to Federal law enforcement missions. Redesignates certain existing Government facilities as National Technology Development Centers. Requires the Comptroller General of the United States to monitor the establishment of such centers. Subtitle B: Cargo Container Drug Detection Research and Development - Authorizes appropriations for FY 1989 for the U.S. Customs Service for accelerating the development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection of illegal narcotics in cargo containers entering the United States. Title VII: Drug Enforcement Training Improvement - Subtitle A: The Federal Law Enforcement Training Center Improvement Act of 1988 - Federal Law Enforcement Training Center Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center to increase the level of drug enforcement training. Authorizes appropriations for FY 1990 and 1991 for the Federal Law Enforcement Training Center. States that support for the State and local law enforcement training program and the training programs for drug enforcement officers from foreign countries shall be maintained at no less that the FY 1989 level during such years. Directs the Secretary of the Treasury to expand the advanced training programs for Federal law enforcement agencies at the Marana, Arizona, satellite facility of the Federal Law Enforcement Training Center. Requires the Secretary to submit reports to the appropriate congressional committees on such expansion. Subtitle B: Department of Justice Training Facilities Improvement Act of 1988 - Department of Justice Training Facilities Improvement Act of 1988 - Authorizes appropriations for FY 1989 for the Department of Justice for existing law enforcement training facilities. Authorizes appropriations for FY 1989 for the expansion of such facilities and for new Department training facilities. Directs the Attorney General to report to the appropriate congressional committees on plans for improving such facilities. Subtitle C: Federal Law Enforcement Language Training Improvement Act of 1988 - Authorizes the Department of Defense to provide foreign language training at the Defense Language Institute to special agents of Federal civilian agencies involved in drug law enforcement. Authorizes the Department of State to provide similar training at the Foreign Service Institute. Authorizes the Drug Enforcement Administration, the Customs Service, and the Immigration and Naturalization Service to: (1) detail investigative personnel to such Institutes; and (2) reimburse the Departments of Defense and State for the cost of such training. Authorizes appropriations for the Customs Service, the Drug Enforcement Administration, and the Immigration and Naturalization Service for such training. Subtitle D: Authorization of Appropriations for Special Training Centers - Authorizes appropriations for FY 1989 for the Bureau of Justice Assistance for the establishment of a national training center in El Reno, Oklahoma, for the training of Federal, State, and local prison officials in drug rehabilitation programs. Establishes the National Advisory Panel on Prison Rehabilitation Programs to oversee the operation of such center. Title VIII: Drug Testing in the Private Sector - Prohibits any employer who engages in interstate commerce or in the production of goods for commerce, based upon a drug test administered to an applicant or employee (unless the drug test is conducted in a laboratory which meets specified requirements) from: (1) refusing to hire an applicant for employment; (2) taking adverse action against an employee; or (3) discharging an employee. Subjects any employer who takes such prohibited actions to civil penalties. Title IX: Congressional Policy Regarding Additional Funding for Fiscal Year 1989 for Antidrug Abuse Programs - States how the levels of new budget authority and outlays required to carry out the programs, activities, and initiatives contained in this Act shall be accommodated in the budget process. Title X: Funding; Accounts - Subtitle A: Offsetting Revenue and Savings to Cover the Cost of the Act - Authorizes appropriations for FY 1989 for the Internal Revenue Service for: (1) processing tax returns; (2) examination and appeals; and (3) investigations, collections, and taxpayer service. Authorizes appropriations for FY 1989 for the Bureau of Alcohol, Tobacco, and Firearms to increase the number of special occupational tax enforcement and collection personnel. Establishes in the Department of the Treasury the position of Under Secretary of the Treasury for Debt Collection and Credit Management who shall be responsible for: (1) advising the President with respect to Federal credit management and debt collection policy; (2) providing leadership, direction, guidance, and monitoring of the executive agencies in credit management and debt collection and related financial reporting; (3) reviewing executive agency credit management and debt collection plans and policies; (4) preparing comprehensive debt collection and credit management plans; and (5) promulgating regulations to carry out this subtitle. Sets forth minimum guidelines with respect to such credit management and debt collection plans and policies. Requires the Comptroller General to submit a report to the Congress containing an analysis of the Under Secretary's comprehensive debt collection and credit management plans. Directs the Secretary of the Treasury to establish Federal credit management policies and promulgate regulations implementing this subtitle. Directs the Secretary to prescribe minimum requirements for contracts for all loans or loan guarantees governed by this subtitle. Establishes debt collection goals for FY 1989. Directs the Secretary to establish debt collection targets for Federal agencies. States that agencies which exceed their debt collection targets by a certain amount shall receive additional funding for that fiscal year. States that agencies which fail to meet their targets shall have their funding reduced. Directs the Secretary to promulgate regulations which prescribe standards for use by executive agencies in developing proposals for debt collection targets. Establishes an Antidrug Abuse Trust Fund. Provides for the transfer of certain taxes to the Trust Fund account.
United States · United States Congress · 18 March 1988
American Heritage Trust Act of 1988 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used to provide for the preservation of the Nation's recreational areas. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments. Repeals a specified section concerning publicity and signing provisions. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact.
United States · United States Congress · 18 March 1988
Amends title XVIII (Medicare) of the Social Security Act to include psychologists among the licensed health professionals which home health agencies may use in providing home health services. Amends the Medicare program and title XIX (Medicaid) of the Act to include psychologists among the licensed health care professionals who may provide care in nursing facilities.
United States · United States Congress · 18 March 1988
Amends title XVIII (Medicare) of the Social Security Act to cover rehabilitative psychological services furnished to outpatients of comprehensive outpatient rehabilitation facilities. Requires that each patient at such facilities be under a physician's care to the extent required by State law.
United States · United States Congress · 16 March 1988
Petroleum Marketing Practices Act Amendments of 1987 - Amends the Petroleum Marketing Practices Act to provide that, with respect to the sale, consignment, or distribution of motor fuel, the term "franchise" includes any contract between specified parties which is economically necessary to the operation of the franchise. Provides that the termination or non-renewal of a franchise relationship, upon expiration of an underlying lease for marketing premises, is reasonable in the event that the franchisor: (1) has an option to renew or purchase an underlying lease or premises and, at least 90 days before such option expires, provides the franchisee with the name, address, and phone number of the owner or lessor; and (2) agrees not to terminate the franchise relationship solely because of the lease and option expiration during any term during which the franchisee is able to retain possession of the premises as a result of entering into an agreement with the owner or lessor.
United States · United States Congress · 16 March 1988
Firearms Detection Act of 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 Standard Security Exemplar, after removal of grips, stocks, and magazines, by walk-through metal detectors commonly used at U.S. airports; or (2) impregnated with barium sulfate, or a similar compound, to facilitate detectability by cabinet x-ray systems. Defines the term "Minimum Security Standard Exemplar" to mean a firearm substitute used for testing that resembles a revolver, is made of stainless steel, and weighs four ounces. States that nothing in this Act shall require the Federal Aviation Administration (FAA) to utilize the Minimum Security Standard Exemplar as an FAA detection standard. Prohibits the Secretary of the Treasury from authorizing the importation of undetectable firearms. Directs the Administrator of the FAA to conduct research to improve the effectiveness of airport security metal detectors and airport security x-ray systems. Allows the Secretary, when appropriate because of changed technology, to submit proposed legislation to amend the definition of Minimum Security Standard Exemplar. 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. Provides increased criminal penalties for using or carrying an undetectable firearm during the commission of a crime of violence or a drug trafficking crime.
United States · United States Congress · 16 March 1988
Amends title XVIII (Medicare) of the Social Security Act to increase authorization of appropriations for FY 1989 and extend the authorization of appropriations through FY 1991 for research into patient outcomes of selected medical treatments and surgical procedures for the purpose of assessing the appropriateness, necessity, and effectiveness of such treatments and procedures.
United States · United States Congress · 15 March 1988
Expresses the sense of the Senate that FY 1989 funding for Federal-aid highway and mass transit programs should be at levels established by the Surface Transportation and Uniform Relocation Assistance Act of 1987.
United States · United States Congress · 14 March 1988
Declares that the President should: (1) posthumously award the Presidential Medal of Freedom to Charles E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their efforts to document the Afghan struggle for freedom; and (2) present the award to those individuals' families on March 21, 1988, the start of the new year in Afghanistan.
United States · United States Congress · 4 March 1988
National Agricultural Library Act - Establishes in the Department of Agriculture the National Agricultural Library to serve as the Nation's primary agricultural information resource. Sets forth Library functions, including information acquisition and distribution, and inter-library coordination. Establishes the National Agricultural Library Advisory Council. Includes among the nonvoting members the Librarian of Congress. Authorizes the Library to make and sell agricultural-information products and related services. Authorizes appropriations.
United States · United States Congress · 4 March 1988
Amends the National School Lunch Act to require that eligibility for free lunches under the school lunch program be based on the nonfarm income poverty guidelines prescribed by the Office of Management and Budget.
United States · United States Congress · 4 March 1988
Amends the Internal Revenue Code to include supplemental student loan programs (not federally guaranteed) within the 18-month extended arbitrage period applied to qualified student loan bond proceeds. Makes permanent this extended arbitrage period (currently applicable only to bonds issued before 1989). Makes permanent the provision exempting qualified student loan bonds from arbitrage rebate payment requirements. (The exception currently applies only to bonds issued before 1989.) Brings supplemental student loan programs within this aribtrage rebate exception. Allows corporations authorized to issue qualified scholarship funding bonds to make or acquire loans under supplemental student loan programs. (Such corporations may currently acquire only federally-guaranteed student loan notes.)
United States · United States Congress · 4 March 1988
Expresses the sense of the Senate that the U.S. Government should continue to assist the Government of Colombia in battling illegal drug production and trafficking.
United States · United States Congress · 3 March 1988
Prohibits the importation of any products of Panama. Prohibits the exportation to Panama of any U.S. goods or technology, except for medicine and humanitarian assistance. Requires the President to notify the Government of Panama that he will order the revocation of the rights of any air carrier to provide service pursuant to any aviation agreement between the United States and Panama. Requires the President to direct the Secretary of Transportation to: (1) revoke such rights; (2) refuse to permit any U.S. air carrier to provide service between the United States and Panama; (3) prohibit the landing in the United States of any foreign air carrier owned by the Panamanian Government or any aircraft of a foreign air carrier that has taken off from Panama within the preceding 48 hours; and (4) prohibit the takeoff and landing in Panama of any aircraft of any air carrier owned or controlled by a U.S. national or corporation. Allows exceptions to such prohibitions in emergency situations. Prohibits any depository institution from transferring any funds to any financial institution located in, or organized under the laws of, Panama. Suspends the sanctions required by this Act for any period during which the President certifies to the Congress that progress toward genuine democracy has been achieved in Panama. Specifies that nothing in this Act shall be deemed to affect the status of the 1977 Panama Canal Treaty or related agreements, or the 1977 Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal.
United States · United States Congress · 3 March 1988
Amends the Internal Revenue Code to exempt from the required application of uniform inventory cost capitalization rules any animal produced in a farming business, regardless of the animal's preproductive period.
United States · United States Congress · 3 March 1988
Designates the week of June 26 through July 2, 1988, as National Safety Belt Use Week. Authorizes and requests the President to: (1) urge the people to wear safety belts and use child safety seats; and (2) encourage State and local governments and concerned organizations and officials to promote greater use of these safety devices.
United States · United States Congress · 2 March 1988
Emergency Hunger Relief Act of 1988 - Title I: Family Self Sufficiency Improvement - Subtitle A: Food Stamp Program - Amends the Food Stamp Act of 1977 to increase the minimum food stamp program (program) allotments by one percent for the period January 1, 1989, through September 30, 1989, and by one percent during FY 1990. Amends the definition of "household" to repeal the provision providing separate household status for certain parents of minor children and for such children. Makes permanent categorical program eligibility based on eligibility for specified social security programs. Provides an additional excess shelter deduction. States that: (1) households not required to submit monthly income reports shall have their income calculated on a prospective basis; and (2) households required to submit monthly income reports shall have their income calculated on a retrospective basis, except under specified circumstances. Repeals the requirement of prior approval by the Secretary of Agriculture for less than monthly income reporting of certain households. Prohibits a state agency from requiring periodic reporting of households: (1) made up entirely of migrant or seasonal farm workers; (2) made up entirely of homeless persons; or (3) with no earned income and in which all adult members are elderly or disabled. Requires that households reporting monthly be provided with clear and understandable reporting forms. Adjusts the automobile asset limitation to reflect Consumer Price Index changes. Provides full program benefits for breaks in certification of 30 days or less. Permits households subject to benefit prorating to receive an aggregate benefit allotment. Extends the scope of program informational activities. Amends the Homeless Eligibility Clarification Act to make permanent the authority for homeless persons in shelters to receive food stamps. Subtitle B: Related Programs - Amends the Temporary Emergency Food Assistance Act of 1983, as amended by the Stewart B. McKinney Homeless Assistance Act, to extend the temporary emergency food assistance program (TEFAP) through FY 1990. Increases the amount of TEFAP funds for emergency feeding organizations. Amends the Community Services Block Grant Act to authorize appropriations through FY 1993 for the community food and nutrition program. Directs the Secretary to: (1) conduct a study (through the National Academy of Sciences) of the kinds of medical problems commonly suffered by program participants and the resulting special diets; and (2) report to the Congress. Title II: Child Nutrition Promotion - Amends the Food Stamp Act of 1977 to exclude foster care and adoption assistance from program income determinations. Amends the Child Nutrition Act of 1966 to increase the school breakfast program reimbursement rate by three cents per meal as of July 1, 1989. Amends the National School Lunch Act to permit specified private nonprofit organizations to participate in the summer food program. Provides an additional meal or snack to children who attend day care centers which are open more than eight hours a day. Repeals the provision tying reduced price lunch eligibility to program eligibility. Title III: Effective Date - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 2 March 1988
Age Discrimination Claims Assistance Act of 1988 - Extends the statute of limitations applicable to bringing civil actions in the Federal courts on certain claims under the Age Discrimination in Employment Act of 1967 that were filed with the Equal Employment Opportunity Commission before the date of enactment of this Act. Directs the Commission to send out notices regarding claims for which the statute of limitations has been extended. Directs the Commission to report to specified congressional committees on such claims, notices, alleged unlawful practices eliminated or attempted to be eliminated, and civil actions filed.
United States · United States Congress · 2 March 1988
Medicaid Infant Mortality Amendments of 1988 - Title I: Medicaid Coverage of Pregnant Women, Infants and Young Children - Amends title XIX (Medicaid) of the Social Security Act to require States to cover pregnant women and children under age four who were born after 1987 if their family income is below the Federal poverty level. Authorizes States to provide Medicaid coverage to children from the age of four through seven who were born after 1987. Prohibits States from: (1) imposing a resource eligibility test on pregnant women and children under age four which is more restrictive than a resource eligibility test imposed under title XVI (Supplemental Security Income) of the Act; or (2) reducing payment levels under part A (Aid to Families with Dependent Children) of title IV of the Act below the levels in effect on July 1, 1987. Requires that eligible pregnant women continue to receive Medicaid coverage through the month in which the 60th day following the end of pregnancy falls without regard to changes in family income. Title II: Promoting Medicaid Coverage of Pregnant Women, Infants and Young Children - Reimburses States, at the Federal Medicaid assistance percentage, for outreach services identifying Medicaid-eligible pregnant women and children and assisting them in applying for Medicaid coverage. Requires that States make ambulatory prenatal care available to pregnant women during a presumptive eligibility period. Alters the rules for determining when such period ends. Makes clarification amendments regarding the qualifications of providers of covered ambulatory prenatal care. Title III: Assuring Provison of Necessary Services for Pregnant Women and Infants - Requires States to submit information to the Secretary of Health and Human Services, by April 1 of each year, pertaining to the supply of and demand for obstetrical services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Directs States to: (1) establish exceptions to durational limits on Medicaid coverage of medically necessary inpatient hospital services furnished to infants in disproportionate share hospitals; and (2) adjust payments to such hospitals to take into account exceptionally costly and lengthy inpatient hospital services for infants. Title IV: Medicaid Relationship with Special Supplemental Food Program for Women, Infants, and Children (WIC) - Requires States to: (1) coordinate Medicaid services with WIC program services under the Child Nutrition Act of 1966; and (2) notify Medicaid-eligible pregnant, breastfeeding, or postpartum women, and children under age five of WIC program benefits. Allows States to provide Medicaid coverage of supplemental foods furnished by the WIC program to Medicaid beneficiaries who are certified to participate in the WIC program. Amends the Child Nutrition Act of 1966 to permit States to cover Medicaid recipients under the WIC program without regard to WIC income eligibility standards.
United States · United States Congress · 2 March 1988
Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts received under qualified group legal services plans. (Under current law the exclusion expired as of January 1, 1988.)
United States · United States Congress · 1 March 1988
Community Revitalization Tax Act of 1988 - Amends Internal Revenue Code income tax accounting rules limiting passive activity losses and credits to eliminate the disallowance of credits in this context. Revises the limitation on the general business credit to allow a maximum annual credit equal to the first $20,000 of an individual taxpayer's income tax liability plus 20 percent of any excess liability. Amends provisions that reduce the investment credit base by nonqualified nonrecourse financing amounts to apply them to certain qualified rehabilitation property as if the property were subject to the at-risk rules associated with the low-income housing credit. Permits a tax-exempt organization to offset the amount of any general business credit against its unrelated business income tax liability. Revises the definition of "qualifying distribution" for purposes of the tax on a private foundation's failure to distribute income. Includes as qualifying any amount of interest foregone on a below-market loan made to a tax-exempt organization to operate a qualified low-income building. Includes as a qualified rehabilitation expenditure for tax credit purposes any expenditure in connection with the rehabilitation of a low-income building leased to a tax-exempt entity. Permits a pooled income fund having substantially all of its assets invested exclusively in qualified low-income buildings to have one or more corporations as income beneficiaries, each with a 20-year life.
United States · United States Congress · 1 March 1988
Expresses the sense of the Senate that the Construction Grants Program under the Clean Water Act should be fully funded and implemented as authorized and intended by the Water Quality Act of 1987.
United States · United States Congress · 29 February 1988
Expresses the sense of the Senate that: (1) President Delvalle of Panama has the full support of the American people and should receive the support of the U.S. Government in his effort to assert civilian authority and restore democracy to Panama; and (2) the U.S. Government should formally terminate all contacts with General Noriega, should consider imposing economic sanctions if General Noriega continues to defy President Delvalle's order to step down as commander of the Panamanian Defense Forces, and should put together an aid package for Panama in the event that progress toward democracy is achieved.
United States · United States Congress · 26 February 1988
Air Travel Rights for Blind Individuals Act - Amends the Federal Aviation Act of 1958 to preclude an air carrier from establishing aircraft seating restrictions based upon a passenger's visual acuity or use of a white cane or dog guide or other such means of assistance.
United States · United States Congress · 26 February 1988
Expresses the opposition of the Senate to the continued control of the cathedral in Vilnius, Lithuania, by the Soviet Union. Calls upon the President, the Secretary of State, and Members of Congress visiting the Soviet Union to raise the issue of the cathedral's return to the Roman Catholic Church in meetings with Soviet officials. Urges U.S. representatives to speak out forcefully for such a return at international human rights forums. Voices the House of Representatives' support to the Lithuanian people in their efforts to secure basic religious freedoms and the return of the cathedral. Urges the Soviet Government to allow Roman Catholics to worship at the cathedral and to return it to Roman Catholic Church control before the end of 1988.
United States · United States Congress · 25 February 1988
Ground Water Protection Act - Part A: Policy - States that it is the purpose of this Act to protect and enhance the physical, chemical, and biological integrity of the Nation's groundwater resources and ensure that such resources are not degraded in any way. Part B: Detection - Provides that when it is not feasible or reliable to monitor the soils and waters in an unsaturated zone where the hazard from a source of contaminants is substantial the Administrator of the Environmental Protection Agency (Administrator) shall require leachate collection systems for such source. Directs the Geological Survey to establish and conduct an ongoing program to identify, assess, monitor, and project changes in the quantity and quality of national groundwater resources. Authorizes the Geological Survey to undertake other groundwater research and appraisal programs, including programs involving: (1) Federal-State cooperative research projects; (2) the analysis of regional aquifer systems; and (3) the investigation of processes which control the movement, fate, and alteration of groundwater contaminants. Requires each State to develop a report, within two years of this Act's enactment, characterizing the groundwater resources of such State and including comprehensive mapping of all aquifer systems in the State and identification of the principal sources of contaminants and groundwater withdrawals. Requires that such report be updated annually. Directs each State to establish a water well drilling program which, at a minimum, requires that: (1) water well drillers be licensed; (2) waters from new or altered wells be analyzed for contaminants; (3) drinking groundwater wells be isolated from sources of contamination and other wells not be located or constructed in a manner which spreads contamination; and (4) information concerning completed or abandoned wells be recorded. Requires that before real property is transferred, wells used for drinking or household needs be analyzed for contaminants and the results of such analysis be provided to prospective buyers. Prohibits transfer of such property until abandoned wells are plugged. Directs the Administrator to conduct a survey and report to the Congress by July 1, 1990, on abandoned water supply and other production and injection wells, including recommendations for the prevention of water contamination from abandoned water supply and other wells. Directs the Administrator to conduct national groundwater quality surveys to determine the effect various contaminant sources have on groundwater quality and the measures that may be effective in preventing contamination. Authorizes the Governor of any State to petition the Administrator to initiate a nationwide survey of additional sources. Requires the Administrator to notify: (1) public water systems and private households of the presence of contaminants in their water; and (2) government officals of the need for corrective action. Sets forth reporting requirements. Authorizes the Administrator to require the owner or operator of a source or potential source of contaminants, or a source of contaminants abandoned within the previous ten years to notify a designated State or local agency of such source and the effects of contaminants from such source. Subjects owners and operators who knowingly fail to submit accurate information to a civil monetary penalty. Requires each State to undertake a continuing program to compile, publish, and submit to the Administrator an inventory describing the location of each drinking water well within such State which has been closed or restricted for use because the groundwater is nonpotable. Requires the owners and operators of such wells to provide the State with specified information regarding such wells. Subjects owners and operators who knowingly fail to submit accurate information to a civil monetary penalty. Authorizes the Administrator to: (1) conduct programs and provide technical assistance to other governmental or nonprofit programs monitoring contaminants and other parameters in groundwater and soil, water, and vapors in the unsaturated zone; and (2) establish protocols for, and train and certify persons who will engage in groundwater sampling, analysis, and data management. Provides that where the discharge from a source or potential source of contaminants has the potential to contaminate ground within the vicinity, the source owner or operator must monitor groundwater, and, where appropriate, soils and water in the unsaturated zone. Authorizes the Administrator to: (1) issue rules and guidelines for such site-specific monitoring; (2) require owners and operators of sources or potential sources of contaminants to install conduct monitoring of soil, water, and vapors in the unsaturated zone whenever such monitoring is practicable and reliable and discharges present a substantial threat of groundwater contamination; and (3) require manufacturers or importers of substances which contaminate or have the potential to contaminate the groundwater to monitor groundwater and soil, water, and vapor in the unsaturated zone at a representative number of substance sites and conduct a national exposure assessment to determine the public health risks of groundwater contamination when such substances may present an imminent and substantial endangerment to public health. Authorizes the Administrator to issue an order requiring the owner or operator of a contaminant source which is presenting or may present a threat of injury or damage to human health, welfare, or the environment, or exceeds this Act's groundwater protection standards to assess the nature and extent of contamination. Requires the owner or operator to submit a source monitoring plan to the Administrator within 15 days of issuance of the order. Provides that where the contaminant source is the application of a pesticide in accordance with label instructions or widespread and usual practice, the Administrator may require the registrant of the pesticide to conduct the contamination assessment. Subjects owners and operators who fail to comply with an order of the Administrator to a civil monetary penalty. Part C: Prevention - Directs the Administrator to publish guidance, within 30 months of this Act's enactment, for the establishment of State Control Programs applicable to categories of sources or potential sources of contaminants. Provides that such guidance may include requirements: (1) relating to source location, design, installation, operations, operator training, maintenance, leak detection, groundwater monitoring, record-keeping, corrective action, closure, and financial responsibility; and (2) varying among source types, different regions of the country, and new and existing sources. Requires the Governor of each State to prepare and submit to the Administrator for approval State Control Programs for the prevention of groundwater contamination. Requires that contaminant sources be in compliance with all requirements of a State Control Program within two years of the Program's approval unless the owner or operator has been granted a variance which will not result in unreasonable risk to human health or the environment. Provides for the waiver of Program requirements with respect to a particular source in certain cases where a waiver will not pose an unreasonable risk to human health or lead to adverse economic consequences which are not significantly outweighed by resulting social and economic benefits. Requires each Program to monitor the compliance of sources with Program requirements, enforce such requirements, and describe the authorities and resources available to the State to take corrective action when a discharge or threatened discharge from a source may present an imminent and substantial endangerment to human health or the environment. Requires that Programs be evaluated at least quadrennially to ensure that they are of sufficient stringency and effectiveness to prevent the violation of this Act's primary groundwater protection standards. Authorizes the Administrator to withdraw approval of a Program when the State is not administering and enforcing it in accordance with the guidance of the Administrator and does not take appropriate action to bring the Program into compliance within 90 days after notification of noncompliance. Waives this Act's discharge permit requirement for source owners or operators who are in compliance with Program requirements. Subjects new contaminant sources to a second set of requirements written by the Administrator calling for use of the best practicable technology in controlling discharges. Authorizes States to develop and submit to the Administrator a program for enforcing such requirements. Directs the Administrator to promulgate regulations, within 30 months of this Act's enactment, which reflect the greatest degree of control economically achievable through the application of the best available technology or management practice for sources or potential sources of contaminants. Requires that the Administrator, in establishing performance requirements, give priority to measures which reduce the volume and toxicity of contaminants handled or discharged over processes which merely contain, capture, or treat contaminants prior to discharge. Requires the Administrator to review and revise such regulations at least once every five years. Makes it unlawful for any person to install, operate, or close a source or potential source of contaminants in a wellhead protection or primary aquifer protection area without employing the best available technology and management practices. Directs the Administrator to promulgate regulations, within one year of this Act's enactment, for State identification of wellhead protection areas in such a manner that any source of contaminants the discharge from which may reach a drinking water well or wellfield is encompassed within such an area. Requires each State to identify wellhead protection areas, within two years of this Act's enactment, and compile an inventory of the sources and potential sources of contaminants within such areas, within 36 months of this Act's enactment, for subsequent transmittal to the Administrator. Requires States to notify owners and operators of contaminant sources located within a wellhead protection area of the boundaries of such area and the requirements such location entails. Prohibits the location and requires the closure of injection wells, or sources or potential sources of contaminants which are not in compliance with best available technology and management practices, and facilities for the treatment, storage, or disposal of hazardous or nuclear wastes within wellhead protection areas. Directs the Administrator to establish criteria for the establishment of boundaries for areas which may be designated as primary aquifer protection areas. Authorizes the Governor of each State or, if the Governor fails to act, the chief elected local government officials within the area to designate the boundaries of a primary aquifer protection area and designate a management agency for such area. Requires each State or consortium of local governments to submit to the Administrator for approval or disapproval the designations of primary aquifer protection areas. Requires the management agency of an approved primary aquifer protection area to: (1) conduct a comprehensive hydrogeological assessment of the area; and (2) within two years of the Administrator's approval of the area, compile an inventory of the sources or potential sources of contaminants within such area for transmittal to the Administrator. Provides that before regulations shall apply to contaminant sources within such an area a State act or statute must confirm the area's boundaries. Requires States to notify owners and operators of contaminant sources located within a primary aquifer protection area of the boundaries of such area and the requirements such location entails. Prohibits the location and requires the closure of injection wells, sources or potential sources of contaminants which are not in compliance with best available technology and management practices, and facilities for the treatment, storage, or disposal of hazardous or nuclear wastes within primary aquifer protection areas. Provides for the implementation of a discharge permit program by July 1, 1992, under which permits shall: (1) be issued for terms of up to five years; (2) include a requirement that the owner or operator of the source certify, at least annually, that there is a program in place to reduce the volume, quantity, or toxicity of the discharge to the maximum extent practicable; (3) include requirements assuring that no contaminants enter water in sufficient quantity so as to exceed this Act's primary or secondary groundwater protection standards; (4) include requirements for assessing the source, discharges from the source, and the soil and water within the vicinity of the source in addition to giving the Administrator's representatives certain investigatory powers; (5) include requirements for assuring that the source meets all performance requirements and utilizes appropriate control technologies and management practices; and (6) include requirements for reporting permit violations, and source modifications and closures. Prohibits the dilution or dispersion of a discharge in groundwater as a means satisfying this Act's primary or secondary groundwater protection standards. Sets forth the required content of discharge permit applications, including information regarding; (1) the source owner or operator and the nature of the source and its discharge; (2) the hydrogeology of the site; and (3) an assessment of the impact of the discharge that would be permitted. Lists contaminant sources which must obtain a discharge permit provided they are not subject to a deferral of such requirement or in compliance with State Control Program requirements. Gives the public and other affected States notice and the right to a hearing before the issurance, modification, revocation, or renewal of a discharge permit. Requires that contaminant sources be in compliance with all requirements of a permit by July 1, 1994, and on the date the permit is issued thereafter unless the source owner or operator has been granted a variance which will not pose an unreasonable risk to human health or the environment. Provides for the waiver of permit requirements with respect to a particular source in certain cases where a waiver will not pose an unreasonable risk to human health or lead to adverse economic consequences which are not significantly outweighed by resulting social and economic benefits. Exempts certain sources which have obtained a permit pursuant to other Federal law provisions. Authorizes the revocation of a discharge permit for cause, after notice and an opportunity for hearing, including a determination that a permitted discharge is presenting or may present a threat or damage to human health, welfare, or the environment. Authorizes the immediate suspension of a permit when danger to human health or the environment is imminent and substantial. Requires the Administrator to impose fees for permits to cover the costs of the permit program. Authorizes States to conduct their own discharge permit programs provided the programs furnish protection for human health, welfare, and the environment at least equal to the protection afforded by the Federal program and follow guidelines to be promulgated by the Administrator. Gives the Administrator 90 days after receipt of a permit proposed to be issued by the State to object to the permit as outside this Act's requirements. Requires the Governor of each State to submit, within two years of this Act's enactment, for the Administrator's approval a groundwater protection strategy which includes a schedule of activities for the succeeding four-year period. Sets forth the required elements of such strategy providing for the implementation and enforcement of requirements imposed elsewhere in the Act and requiring that States establish a schedule for developing a State Control Program for each of specified contaminant source categories and identify Federal financial assistance programs and development projects which will be reviewed for their effect on groundwater quality. Requires the Federal Government to accommodate the concerns of each State regarding the effect such programs and projects have on groundwater quality. Directs the Administrator, in making grants to States for water protection programs, to give priority to States with strategies which reduce the generation of waste and minimize the toxicity, mobility, and volume of wastes. Requires State strategies to identify the measures which will be taken to reduce on-land disposal of solid waste by 25 percent during the four-year period covered by the strategy. Requires the Governor of each State and the Administrator to jointly appoint a Commission, at least 12 months before an existing strategy expires, to review the adequacy of and recommend modifications to the State's comprehensive strategy. Directs the Administrator to give great weight to the Commission's recommendations when deciding on renewal of the State groundwater protection strategy. Requires the Administrator and each State to establish an annual work program, before a groundwater protection grant is made to the State, which sets forth the obligations the State incurs by accepting such assistance and reflects national priorities while accommodating State priorities. Amends the Safe Drinking Water Act to require the Secretary of Agriculture to establish a groundwater protection reserve program during the 1990 through 1995 crop years under which the Secretary enters into ten to 15-year contracts with owners and operators of farms and ranches containing land in aquifer protection areas to place such land in the groundwater protection reserve. Provides an annual rental payment to such owners and operators to compensate them for converting land normally devoted to the production of an agricultural commodity to a less intensive use in accordance with a plan approved by the local groundwater management or conservation district. Part D: Correction - Directs the Administrator to promulgate primary groundwater protection standards for each contaminant which may have an adverse effect on a person's health and include in each standard a numerical value expressing the concentration of the contaminant in water. Requires that such numerical value be set at a level at which no known or anticipated adverse effect on a person's health will occur and which allows for a margin of safety, except that for carcinogens such level must reduce the risk of cancer for exposure to the contaminant to no more than one in one million. Directs the Administrator to promulgate secondary groundwater protection standards for each contaminant for which a secondary standard, which is more stringent than a primary standard, is necessary to prevent adverse effects on public welfare or the environment. Directs the Administrator to promulgate correction standards which include numerical values or a range of values expressing the concentration of the contaminant in groundwater or the percentage reduction in the contaminant from groundwater treatment achievable through application of best available treatment technology and remediation methods. Prohibits the Administrator from finalizing a standard before being advised by the Ground Water Protection Standards Board (Board) that an appropriate research program for the applicable contaminant has been completed and the data has been incorporated into the Board's recommendations. Requires the Board and the Administrator to review and, if appropriate, revise standards at least once every five years. Directs the Administrator to publish a list, within six months of this Act's enactment, of the contaminants which are known to occur in groundwater and which may have an adverse effect on a person's health or the environment. Provides for additions to such list. Requires the Board to: (1) develop and transmit to the Administrator interim and final standards for listed contaminants; (2) transmit to the Administrator a research program for each listed contaminant within 120 days of its listing; and (3) publish a document containing criteria for each contaminant, including an analysis of the risk posed by the contaminant at various concentrations in water and with respect to various uses of the water. Requires manufacturers and importers of listed chemical contaminants to register with the Administrator reporting the amount of such substance manufactured or processed in each of the previous five years and in each of the five succeeding years. Gives such manufacturers and importers notice of and the opportunity to undertake Board-recommended research programs which have been approved by the Administrator. Provides that the Administrator shall undertake such research and allocate its costs to appropriate manufacturers and importers if the latter do not undertake such research within 90 days of receiving notice of the research program's approval. Requires the Administrator to publish the Board's standard for a contaminant within 30 days after receiving it from the Board, but authorizes the Administrator to modify the Board's standard in promulgating a standard for the contaminant within 180 days thereafter. Provides that upon receipt of evidence that a source or potential source of contaminants is presenting or may present an imminent and substantial endangerment to human health or the environment and that State or local authorities have not acted to abate such sources, the Administrator may bring a civil action to effect such abatement or, if more prompt protection is required, issue necessary protective orders. Requires the Administrator to notify appropriate State and local government agencies and persons relying upon affected drinking water wells of imminent and substantial dangers from contaminant sources. Authorizes the Administrator to: (1) require the owner or operator of a contaminant source, or the generator of contaminants, to promptly take the corrective action necessary to protect human health, welfare, or the environment or comply with this Act's groundwater protection standards; and (2) take corrective action when the owner or operator cannot be found, is incapable of taking prompt action, or refuses to take such action. Sets forth examples of such actions. Requires an owner or operator of a contaminant source who obtains information indicating that the source is contaminating groundwater to report to the Administrator on the concentration of the contaminant detected, its location, and such other information the Administrator requires to determine whether corrective action is required. Requires that such owners or operators also notify persons relying upon the groundwater for drinking or household needs of the contamination if it poses a threat to human health. Provides that when a contaminant is present in groundwater at a concentration that reaches or exceeds 50 percent of a primary groundwater protection standard, the owner or operator of the contaminant source must implement a plan to cease or modify operations so that the contaminant will not reach such standard. Directs the Administrator to issue an order prohibiting further operation of or discharges from a contaminant source which reaches and exceeds such standard and requiring that action be taken to prevent the spread of the contaminant. Provides that when a contaminant is present in groundwater at a concentration that substantially exceeds the correction standard for such contaminant or otherwise threatens human health and the environment, the Administrator shall order the source owner or operator to conduct a remedial investigation and feasibility study for the Administrator's use in selecting remedial measures. Requires the Administrator to order post-remedial care, after the successful implementation of remedial measures, which may include monitoring of soil and water within the vicinity of the source or maintenance of systems preventing contaminant discharge. Authorizes the imposition of corrective action requirements as part of the discharge permit pocess. Subjects owners and operators of contaminant sources to liability for: (1) corrective action costs incurred by Federal, State, or local governments or other persons; (2) all damages for economic loss or loss due to personal injury or loss of natural resources resulting from a discharge which contaminates groundwater resources. Sets forth defenses to such liability. Subjects persons who are liable for a release or threatened release of contaminants and fail without sufficient cause to take corrective measures upon the Administrator's order to punitive damages. Provides that, when it is not technically impractical, corrective measures shall be designed to prevent the concentration of a groundwater contaminant from reaching or exceeding the primary groundwater protection standard for such contaminant and if this is not possible, to prevent it from exceeding the correction standard for such contaminant. Authorizes the Administrator to select alternative corrective action measures when the preceding measures are technically impractical from an engineering perspective. Sets up an appeals process for individuals adversely affected by such alternative measures. Authorizes the Administrator to select corrective measures designed to prevent the exceeding of a secondary groundwater protection standard, but only where such measures would provide cost effective protection of groundwater. Requires that corrective measures incorporating treatment to permanently and significantly reduce the volume, toxicity, or mobility of contaminants be selected in preference to measures which merely contain such contaminants or remove them to other sites. Authorizes States to conduct their own corrective action programs provided the programs furnish protection for human health, welfare, and the environment at least equal to the protection afforded by the Federal program and follow guidelines to be promulgated by the Administrator. Gives the Administrator the authority to review and disapprove State corrective action orders prior to their implementation. Requires States which are conducting their own programs to bear 50 percent of the corrective action costs not borne by source owners or operators. Provides for public participation in the development of the administrative record on which the Administrator or State will base selection of corrective action measures. Authorizes appropriations to a revolving fund to be established in the Department of the Treasury to carry out the corrective action program. Subjects source operators who knowingly violate a primary groundwater protection standard, and owners or operators who fail to report information indicating that the source is contaminating groundwater, to civil monetary penalties. Establishes a Federal program, in partnership with the States, to compensate owners or lesses of property which is not served by a public water supply for the costs of testing, treating, or replacing contaminated wells supplying drinking water or water suitable for other household uses. Requires owners or lessees to pay 20 percent or $500 of such costs, whichever is lesser. Provides for the recovery of such costs from liable third parties. Part E: Management - Ground Water Recharge Research and Demonstration Act of 1986 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to conduct a program of research, development, and demonstration projects to determine the usefulness and economic viability of artificial groundwater recharge, and develop new and more efficient techniques for the transfer of surface water to water bearing underground strata. Requires the Secretary to report to the Congress regarding such program by May 30, 1993. Authorizes appropriations for such program. Amends the High Plains States Ground Water Recharge Demonstration Program Act of 1983 to double authorized appropriations for groundwater recharge demonstration project planning. Part F: Research - Directs the Administrator to establish a national research, development, and demonstration program for the protection, maintenance, and restoration of the groundwater resources of the United States. Requires such program to include, and promote the coordination and acceleration of, research, demonstrations, and surveys into causes, prevention, and correction of groundwater contamination. States that priority shall be given to projects which demonstrate the fate of contaminants in groundwater and develop methods and procedures for controlling contaminant sources, monitoring water quality, restoring contaminated groundwater, and reducing the contaminating effects of waste materials. Directs the Administrator to investigate the effects of contaminated groundwater on human health and the environment, and on the Nation's water supply needs. Requires peer review of all studies conducted under the national program. Authorizes the provision of facilities and equipment for research, development, and demonstration projects under such program, but limits the construction of facilities on non-Federal land. Vests in the United States any patent rights resulting from inventions created in the course of or under contract of the Administrator under the national groundwater research, development, and demonstration program. Authorizes the Administrator to waive such rights in the best interests of the public and the United States, based on the need to encourage participation and other factors. Authorizes a reserve of limited rights, such as a nonexclusive license, to a contractor or inventor. Permits the Administrator to grant exclusive licenses if to do so would bring an invention to the point of commercial or practical application, so long as competition is not substantially lessened. Retains to the United States certain rights even when a waiver of rights or grants of an exclusive license is made, including reports, foreign sublicensing, and termination rights. Direct the Administrator to establish a media-specific research committee for groundwater resources which shall develop, and submit to the Congress by January 15 of each year, a management plan for the groundwater research program that lists all pending or foreseeable major groundwater policy decisions, specifies the type and adequacy of information relevant to such decisions, and defines the research necessary to address deficiencies in available information. Requires the Administrator to appoint a Ground Water Research Manager in the Office of Research and Development to carry out such management plan. Directs the Administrator to establish a program of research to develop technologies for the control of groundwater contamination. Requires that such program be carried utilizing demonstration projects through contracts, cooperative agreements, or grants. Requires the Administrator to evaluate projects on the basis of the potential of the proposed method to effectively control sources of contaminants presenting the greatest risk to human health, the environment, or groundwater and such method's potential application in other locations and circumstances as well as the technical and financial capacities of the project's proposer. Requires the Administrator to supervise and monitor such projects. Limits the Federal share to 75 percent of costs. Limits any State's share of available funds to 15 percent. Directs the Administrator to conduct a technology transfer program, including a central reference library. Requires such program to protect trade secrets from public disclosure. Requires the Administrator to make grants to universities or research institutions to establish and operate four groundwater research institutes to conduct research and training and disseminate information on the protection and restoration of groundwater. Bases selection on whether such institute would be located in a region making significant use of groundwater with significant contamination problems and the capacity of such institute to carry on and lead such research. Limits the Federal share to 75 percent of costs. Designates the National Center for Ground Water Research as one of the institutes. Requires another to serve an area of primarily karstic topography and a third to serve an area of primarily intermountain glaciated geology. Earmarks funds for technology transfer. Requires the Administrator to approve and evaluate each institute's research. Directs the Secretary of Agriculture, acting through the Agricultural Research Service, to establish a national research, development, and demonstration program with respect to the impact of agricultural practices on groundwater quality, including the application of pesticides and nutrients, irrigation practices, and the operation of animal feedlots. Requires the Secretary to address: (1) chemical and biological interactions and processes, including the fate and transport of substances released by agricultural practices; (2) analytical models and testing methodology; and (3) management and control. Directs the Secretary of Agriculture to conduct research and investigations and report to the Congress within two years of this Act's enactment on practices for improving the efficiency of fertilizer uses in agriculture, including timing and rate of applications. Authorizes appropriations for FY 1988 and 1989. Requires the Secretary to study and report to the Congress on the chemical constituents of commercial fertilizer products sold in the United States. Authorizes appropriations. Requires the Secretary to study and report on the public health effects of nitrates, nitrosamines, and other metabolites of nutrients and nitrogen in drinking water supplies, including sources, levels of exposures, and methods and costs of control. Authorizes appropriations. Directs the Administrator to conduct research and report to the Congress on developing a cost effective leak detection system for underground storage tanks containing petroleum. Requires the use of best available technology. Authorizes appropriations. Requires the Director of the Geological Survey to study and report to State and local governments on the existing and projected use of geothermal wells on groundwater. Authorizes appropriations. Requires the Administrator to study and report to the Congress on the impact of agricultural drainage wells on groundwater, including alternatives for drainage. Authorizes appropriations. Authorizes appropriations to the Agricultural Research Board to study and report to the Congress on the impact of conservation tillage and other soil and water conservation practices on groundwater quality. Part G: Assistance - Directs the Administrator to: (1) provide technical assistance and training to States, local governments and planning agencies, and groundwater management districts to enable such entities to maintain and restore groundwater quality; and (2) establish a national groundwater information clearinghouse. Authorizes the Administrator to make grants to States to support the development and implementation of State or local government programs and plans to detect, prevent, and correct groundwater contamination. Includes among acceptable grant activities; (1) the identification of groundwater resources and contaminant sources; (2) the research, development, and demonstration of methods effective in the prevention, detection, and correction of groundwater contamination; (3) groundwater monitoring; (4) data collection and management programs; (5) the assessment of State or legal authorities for groundwater protection and management; (6)the enforcement of permits, standards, and requirements related to groundwater protection; (7) public education programs; (8) groundwater personnel training programs; and (9) program planning and administration. Bases the amount of each State's allotment on the extent of groundwater contamination in such State or the number and nature of contaminant sources in such State. Limits a State's allotment to 50 percent of State groundwater protection program costs. Conditions a State's eligibility for such grants, after FY 1990, on its compliance with this Act's groundwater protection measures. Provides that, in addition to making general groundwater protection program grants, the Administrator is authorized to make grants to States for: (1) the supervision of the contaminant discharge permit program; (2) the identification of wellhead protection areas and inventories of contaminant sources; (3) compliance monitoring and enforcement activities; (4) the review of State groundwater protection strategies and Source Control Programs; (5) the administrative costs of corrective action programs; and (6) the sampling and analysis of drinking water. Sets forth grant application requirements. Requires States receiving such grants to encourage public participation in developing groundwater protection policies, programs, and plans and report annually to the Administrator on the use of grant funds. Authorizes the Administrator to make grants, from the Community Water Supply Mangement Trust Fund, to a groundwater management district designated by the Governor of the State in which it is located and headed by a popularly elected governing board. Prohibits the provision of a grant to such district unless as a part of its program there has been completed: (1) within 12 months of the district's designation, a detailed hydrogeologic assessment of the ground and surface water within the district; (2) within two years of this Act's enactment, an identification of all wellhead protection areas within the district; (3) within three years of this Act's enactment, an inventory of all contaminant sources within such wellhead protection areas; (4) within two years of the district's designation, a comprehensive groundwater management plan for the district which contains specific programs and policies that assure compliance with primary groundwater protection standards. Directs the Administrator to review comprehensive groundwater management plans prepared by each district to assure that district activities are consistent with this Act's objectives. Requires districts to coordinate their activities with other federally-assisted water protection programs. Allocates funds among districts in a manner which takes into account: (1) the number of residents residing in each district who use groundwater; (2) the number of contaminant sources in each district; (3) the number of wellhead protection areas in each district and the district's responsibility, if any, for implementing this Act's requirements regarding such areas; and (4) the vulnerability of district groundwater to contamination. Sets forth reporting requirements. Part H: Authorities - Sets forth the Administrator's authority to administer this Act's groundwater protection program. Authorizes the Administrator to impose a reasonable fee on persons applying for a contaminant discharge permit or seeking data collected and managed under this Act. Requires the President, by and with the advice and consent of the Senate, to appoint an Assistant Administrator for Ground Water Protection of the Environmental Protection Agency to head the Office of Ground Water Protection which is to be established within the Agency by the Administrator. Directs the President to clarify and, where appropriate, reorganize agency responsibilities for Federal groundwater protection and management programs, and provide for interagency coordination of such programs. Requires the President to report to the Congress within 30 months of this Act's enactment on such activities. Establishes an Interagency Task Force on Ground Water Protection which is to convene at least four times each fiscal year and submit an annual report to the President and to the Congress detailing its activities in coordinating the groundwater protection policies, programs, and plans of the various member agencies of the Task Force. Directs the Administrator to establish, within 90 days of this Act's enactment, a Ground Water Protection Advisory Committee composed of the Administrator and 14 members appointed by the Administrator who are not Federal officers or employees. Establishes an independent regulatory board within the Environmental Protection Agency to be known as the Ground Water Protection Standards Board. Sets forth reporting requirements. Subjects the owner or operator of any contaminant source to liability for damages to natural resources and costs incurred by the Federal or State or local governments pursuant to this Act in: (1) monitoring, testing, and analyzing groundwater and its environs; (2) taking corrective action; and (3) testing, treating, or replacing water wells. Sets forth denses to such liability. Subjects persons who are liable for a release or threatened release of contaminants and fail without sufficient cause to take corrective action upon the Administrator's order to punitive damages. Authorizes individuals who are responsible for carrying out this Act's provisions to require owners or operators of contaminant sources to furnish and provide them with access to information and documents relating to: (1) the nature and quantity of contaminants and their discharge; (2) discharge monitoring; (3) corrective action taken; and (4) the ability of the owner or operator to take corrective action. Authorizes individuals acting pursuant to this Act to enter, at reasonable times, contaminant sources and inspect and obtain contaminant discharge samples. Authorizes the Administrator to issue compliance orders when requests for information or access are denied. Subjects individuals who fail to comply with such orders to civil monetary penalties. Provides for the confidentiality of certain information protected by Federal law. Authorizes the Administrator to: (1) issue orders requiring persons to comply with this Act's requirements, after giving the State 30 days to obtain compliance; (2) commence a civil action for appropriate relief for any violation for which the Administrator is authorized to issue a compliance order; (3) impose an administrative civil penalty of not more than $10,000 per day for each violation, up to a maximum administrative penalty of $125,000. Subjects violators of this Act's requirements to civil monetary penalties of up to $25,000 per day for each violation. Subjects persons who negligently or knowingly violate this Act's requirements to criminal penalties. Permits citizen suits against violators of this Act's requirements and against the Administrator or Board for failing to perform nondiscretionary acts or duties under this Act. Prohibits a citizen suit if the Administrator or State is diligently prosecuting an action to require compliance with such requirement. Authorizes public water systems to bring actions against contaminators to recover costs incurred in treating drinking water so that it complies with Federal regulations or obtaining alternative water supplies by reason of such contamination. Authorizes the Federal Government, any State, or the owner of any well to bring an action against a contaminator to recover costs incurred in replacing such well, treating the water from such well, or obtaining alternative water supplies. Authorizes the court to award litigation costs to the prevailing party. Provides for judicial review of: (1) any final regulation, requirement, guideline, or standard promulgated pursuant to this Act; (2) the Administrator's denial of any petition for the promulgation, amendment, or repeal of such regulations, requirements, guidelines, or standards; (3) the Administrator's issuance, denial, modification, or revocation of a discharge permit; and (4) the Administrator's approval or disapproval of a State Control Program. Requires the Administrator to request the Attorney General to represent the United States in any civil or criminal action instituted under this Act. Provides for the separability of any provisions of this Act from a provision or the application of a provision which is held invalid. Sets forth audit and record-keeping requirements applicable this Act's assistance recipients. Requires officers and employees of the Agency and Board to disclose their financial interests annually to the Administrator. Prohibits individuals who have certain connections with contaminant sources from serving as members of the Agency or Board. Prohibits discrimination against or the firing of an employee representative participating in a proceeding which is part of this Act's administration or enforcement. Authorizes such individuals to apply to the Secretary of Labor for review and abatement of such firing or discrimination. Makes this Act's provisions applicable to contaminant sources which are under Federal jurisdiction, but permits the President to exempt such a source when it is in the paramount interest of the Nation to do so. Provides for public: (1) participation in the promulgation, amendment, or repeal of this Act's regulations, requirements, guidelines, and standards; and (2) review of discharge abatement and corrective actions. Sets forth administrative rule-making and risk assessment requirements. Provides for interstate agreements and Federal cooperation with State and local governments in implementing this Act's provisions. Directs the Administrator to treat Indian Tribes as States for the purposes of groundwater protection, except that Federal funding shall cover all tribal groundwater protection costs. Authorizes Indian Tribes and States to enter into cooperative agreements, subject to the Administrator's approval, for this Act's administration. Requires the Administrator to report to the Congress within one year of this Act's enactment on a survey of tribal groundwater protection program needs. Requires that laborers and mechanics working on construction projects assisted under this Act be paid wages at rates which are no less than rates for similar work in the locality. Directs the Administrator to transmit to the Congress, beginning on January 15, 1990, and within 105 days after the end of each fiscal year thereafter, a comprehensive and detailed report on measures taken to implement this Act's goals and requirements.
United States · United States Congress · 25 February 1988
Ground Water Revenue Act - Amends the Internal Revenue Code to impose a per ton tax on: (1) the exportation of hazardous waste from the United States (liability for the tax is on the exporter); and (2) the receipt of hazardous waste at a qualified hazardous waste management unit (liability is on the owner or operator of the unit) or for transport from the United States for ocean disposal (liability is on permittee). Sets the initial (1989) rate of the tax at $27.00 for land disposal (increasing annually to a maximum of $43.00 for 1993 and thereafter), and $2.70 ($3.00 in 1993) for any other taxable event. Establishes exceptions to the tax, including hazardous waste received at a U.S.-owned facility or at any waste treatment unit, unless the unit requires corrective action that has not been completed. Provides for reduced tax liability when the waste has already been subjected to the waste management tax or to the tax on waste generation. Permits as a credit or refund any waste management tax paid in connection with: (1) hazardous waste incinerated on land or a battery recycled within 90 days after the receipt subjected to the tax; or (2) waste used by a producer of a qualified chemical fuel or solvent to be sold for industrial or commercial use. Imposes a per ton waste generation tax on hazardous waste that has been neither received for proper disposal nor exported within 270 days of being generated. Applies the same rates as those of the hazardous waste management tax. Places liability for the tax on the producer of the waste. Permits some of the same exemptions established in connection with the waste management tax, as well as exemptions for generators of small amounts of waste and waste legally disposed of in publicly owned treatment works. Authorizes the Secretary of the Treasury to provide for other exemptions. Describes reporting requirements with respect to the hazardous waste management tax. Imposes penalties on persons who fail to report or who underpay environmental excise taxes because of negligence or disregard of rules and regulations. Imposes a $1.00 per ton tax on the receipt of solid waste at a solid waste management facility (liability is on the owner or operator) and on its exportation from the United States (liability is on exporter). Establishes exemptions generally corresponding to those under the hazardous waste management tax. Describes reporting requirements with respect to the tax and imposes penalties on persons failing to report. Imposes a tax of two cents per thousand gallons on the sale or delivery of water piped by any public water system. Exempts small systems (those supplying up to 500 service connections) and sales of water already subjected to the tax. Imposes a two percent excise tax on chemical products sold as pesticide or fertilizer packaged for retail distribution in quantities of less than 100 pounds. Places liability on the manufacturer, producer, or importer. Permits as a credit or refund any tax paid in connection with a fertilizer or pesticide used to produce either another product subject to this tax or an agricultural commodity. Establishes in the Treasury the Ground Water Protection Trust Fund to receive revenue generated by the hazardous waste management tax and by the excise tax on fertilizers and pesticides. Describes permissible Fund expenditures. Provides for State entitlements (based on the nationwide proportion of residents dependent on groundwater for household needs) to be paid whenever the fiscal year ending balance of the Fund exceeds $300,000,000. Earmarks these monies for State groundwater protection programs. Appropriates amounts to fund these entitlements for FY 1989 through 1993. Establishes in the Treasury the Well Water Replacement Trust Fund to receive revenue generated by the tax on the sale or delivery of water and other specified amounts. Describes permissible Fund expenditures. Establishes in the Treasury the Community Water Supply Management Trust Fund to receive revenue generated by the solid waste disposal tax. Makes Fund monies available, with express exceptions, only to make grants to local groundwater management districts. Provides for district entitlements to be paid whenever the Fund's fiscal year ending balance exceeds $20,000,000. Appropriates amounts to fund these entitlements for FY 1989 through 1993. Authorizes FY 1989 through 1993 appropriations.
United States · United States Congress · 23 February 1988
Amends the Internal Revenue Code to exempt from the ten percent penalty tax on early distributions any distribution received on or after retirement by public safety officers (law enforcement or corrections officers, firefighters, or emergency service personnel) under a deferred compensation plan maintained by a Federal or other governmental entity.
United States · United States Congress · 23 February 1988
Child Care Services Improvement Act of 1988 - Title I: Child Care Block Grant - Amends the Public Health Service Act to establish a child care services block grant program. Authorizes appropriations for FY 1989 through 1991 for allotments to States to carry out specified child care services activities. Provides for State allotments on the basis of numbers of children under age 12 and numbers of such children living in households with an income not greater than 200 percent of the poverty level. Provides for additional allotments under specified circumstances. Requires States to use allotment payments to make grants to eligible entities for specified projects. Includes among eligible entities: (1) local government units, including school districts; (2) nonprofit organizations; (3) professional or employee associations; (4) consortia of small businesses; (5) higher education institutions; (6) hospitals or health care facilities; (7) family care providers; (8) parents, to use for employment- or education-related child care expenses; or (9) entities that the State considers able and appropriate to carry out a project under this title. Includes among such projects: (1) child care certificate programs or scholarships to enable low income families to obtain adequate child care; (2) community or neighborhood child care centers, including renovation of public buildings for such purpose; (3) after-school child care programs; (4) grants or loans for start-up costs of employer-sponsored child care programs; (5) training programs for child care providers; (6) temporary care of sick children unable to attend child care programs in which they are enrolled; (7) expansion of existing part-day child care programs into full-day child care programs; (8) child care programs for homeless children; (9) linking of child care programs with programs to assist the elderly; or (10) any project consistent with the purposes of this Act. Sets forth limitations on the use of such funds and waivers of such limitations. Directs the Secretary of Health and Human Services (HHS) to provide technical assistance to States in planning and operating activities under this title. Sets forth provisions for State administration of such funds. Requires States, in order to receive such funds, to certify that they will: (1) coordinate provision of child care services with other available child care services; (2) agree that such funds will be used to supplement, not supplant, non-Federal funds; (3) establish an advisory council on child care; (4) adopt standards of accreditation or licensing for family-based and group child care providers, and methods of inspection and certification based on such standards; (5) require unaccredited or unlicensed family or home-based child care providers, in order to redeem child care certificates, to register and then to become fully licensed or accredited within two years; and (6) regularly evaluate the impact of its distribution of funds on the quality and availability of child care. Requires annual State reports to the Secretary on the use of such funds, including specified information on child care in the State. Directs the Secretary of HHS to submit to the Congress an annual summary of such reports, with an analysis of particularly innovative and effective programs and an analysis of efforts to regulate unlicensed child care providers. Sets forth grant application requirements for eligible entities. Requires assessment of proportional income-based fees, parental involvement, and the meeting of State quality standards. Requires grantees to fund between ten and 50 percent of the project cost with non-Federal funds. Requires States to give priority to projects that will continue to carry out the purposes of this Act without Federal funds. Requires the State Governor to establish an advisory council on child care. Directs the Secretary of HHS to conduct, and support by grant or contract: (1) research on the effectiveness of early childhood education and quality child care on child growth and development; and (2) demonstration programs to test the effectiveness of innovative child care arrangements and programs. Title II: Child Care Liability - Part A: Child Care Liability Reform - Applies the provisions of this part, with specified exceptions, to any civil action, in any State or Federal court, against any child care provider who is in compliance with the licensing or accreditation requirements of the State in which the provider is located. Makes this part inapplicable to civil actions for intentional torts. Provides that this part shall preempt and supersede Federal or State law only to the extent such law is inconsistent with this part. Makes joint and several liability inapplicable to any action subject to this title. Makes an exception for concerted actions. Provides for reduction of awards for damages in cases of collateral sources of compensation. Sets forth standards and procedures for award of punitive or exemplary damages in civil actions under this part. Provides that nonprofit corporations or local educational agencies are not liable for damages in any civil action (to which this part applies) brought against a separate child care-providing corporation or business organization of which they are the parent or majority owners. Encourages States to establish expedited and simplified procedures under which nonprofit organizations and local educational agencies may inexpensively and quickly incorporate or otherwise organize such entities as separate child care providers. Part B: Child Care Liability Risk Retention Group - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards, and which otherwise satisfies specified criteria for risk retention groups). Sets forth State application requirements. Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or maintain a liability risk retention group for child care providers; and (5) specify how any such liability risk retention group will continue to be financed after FY 1991, including by contributions by the State or by members of such pool. Directs the Secretary of HHS to review and approve State plans and to monitor State compliance with requirements of this part. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1989 to carry out this part and to remain available for assistance to States for FY 1989 through 1991. Directs the Secretary of Commerce to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary of Commerce to allot the remainder to States on the basis of number of children who have not attained the age of 12. Permits a portion of such allotments to be used for State administrative costs. Sets forth provisions relating to entitlement, method, and State spending of allotment payments. Title III: Revolving Loan Fund - Sets forth requirements for State applications for assistance under this title. Requires State plans to set forth procedures and requirements whereby persons desiring to make capital improvements to their principal residence in order to become a licensed or accredited family-based child care facility may obtain a loan from the State revolving loan fund. Requires such fund to be administered by the State and to provide loans to qualified applicants, pursuant to terms and conditions the State establishes. Limits the amount of any such loan to $1,500. Requires the State plan to provide that the State establish a revolving loan fund with certain procedures. Authorizes appropriations for FY 1989 to carry out this title and to remain available for assistance to States for FY 1989 through 1991. Directs the Secretary of HHS to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary of HHS to allot the remainder to States on the basis of number of children who have not attained the age of 12. Permits a portion of such allotments to be used for State administrative costs. Sets forth State application requirements. Title IV: Amendments to the Internal Revenue Code of 1986 - Child Care Facility Tax Incentive Act of 1988 - Amends the Internal Revenue Code to establish an income tax credit for employers for expenses paid or incurred to acquire, construct, maintain, or operate a qualified child care facility. Requires that such facility be operated by the employer. Requires that at least 30 percent of the facility's enrollees be dependents of employees of such employer. Requires that the facility be located at or near the employer's business premises. Requires that the facility be accredited or licensed under State and local laws. Sets forth special rules for allocation in the case of multiple employers or partnerships and for pass-through in the case of estates and trusts. Limits the amount of such credit. Makes an employer ineligible for such credit if the employer received a child care project grant under the Public Health Service Act during such taxable year. Entitles earnings from the provision of qualified family-based or in-home child care services to a lower rate of self-employment tax. Excludes such earnings from estimated taxes and wage withholding requirements. Requires cafeteria plans to provide a child care option. Provides for an additional double exemption for newborn and newly adopted children where the parent taxpayer (or one of the spouses in the case of a joint return) does not work during the period from the birth or adoption until the child is six months old. Limits such exemption to taxpayers whose adjusted gross income does not exceed 200 percent of the poverty level. Raises the limitation on the amount which may be contributed to individual retirement accounts for homemakers under provisions for income tax deductions. Provides that such deduction may be allowable even if the spouse is an active participant in a pension plan. Title V: Miscellaneous Federal Child Care Provisions - Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented in their businesses family-oriented personnel programs and policies responsive to the child care needs of working parents; or (2) made significant contributions to child care projects in their communities. Sets forth procedures for nomination, selection, and annual presentation of such awards. Directs the Secretary of Health and Human Services to coordinate all activities of the Department of Health and Human Services relating to child care, and coordinate such activities with similar activities of other Federal agencies.
United States · United States Congress · 19 February 1988
Amends the Internal Revenue Code to direct the Secretary of the Treasury to issue regulations exempting the following from the excise tax on diesel and aviation fuels: (1) diesel fuel for use in a diesel-powered train (to the extent of 15 cents per gallon); (2) aviation fuel for use in commercial aviation; (3) fuel used other than as motor fuel; (4) fuel for use by a State or local government; and (5) fuel for use on a farm for farming purposes. (Under current law, the Secretary is authorized to issue such regulations with respect to all but the last item. Although fuel sold for farm use is already tax-exempt, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund.)
United States · United States Congress · 17 February 1988
State and Local Government Exemption Reaffirmation Act of 1988 - Amends the Internal Revenue Code to exempt from the gasoline excise tax any sale of gasoline to a State or local government (or to a purchaser for resale to such government) for its exclusive use.
United States · United States Congress · 17 February 1988
Amends Internal Revenue Code provisions governing situations in which unearned income of a child under age 14 is taxed as if it were parental income. Excludes from income subject to the parental tax rate any earnings attributable to investments of the child's earned income.
United States · United States Congress · 17 February 1988
Expresses the sense of the Congress that the people of the United States should purchase U.S. products and services whenever possible. Urges the President, the State Governors, and the mayors of municipalities to issue proclamations calling upon the people to promote this policy with appropriate ceremonies and activities. Requests that leaders of civic and consumer organizations, and of the mass media, assist in: (1) promoting awareness of the importance of selecting U.S. goods and services; and (2) identifying such American goods and services, and the merchants from whom they may be acquired. Requests and encourages U.S. producers and manufacturers to make every effort to label and advertise the U.S. origin of such goods.
United States · United States Congress · 4 February 1988
Child Protection and Obscenity Enforcement Act of 1988 - Title I: Child Pornography - Amends the Federal criminal code to make it illegal to use a computer to transport information in interstate or foreign commerce concerning the visual depiction of minors engaging in sexually explicit conduct (child pornography). Establishes criminal penalties for buying, selling, or transferring the custody of a minor: (1) knowing that, as a consequence of the sale or transfer, the minor will be used in child pornography; or (2) with the intent to promote child pornography. States that such sale or transfer must involve: (1) the minor or other actor traveling in interstate or foreign commerce; (2) communications in interstate or foreign commerce; or (3) conduct in a territory or possession of the United States. Requires any person who produces a book, magazine, periodical, film, videotape, or other matter which contains any visual depiction of sexually explicit conduct (which is shipped or intended for shipment in interstate or foreign commerce, or contains material shipped in interstate or foreign commerce) to maintain certain records regarding the performers portrayed in such conduct. Directs the Attorney General to issue regulations regarding the maintenance and availability of such records. Includes the sexual exploitation of children as a predicate offense to the Racketeer Influenced and Corrupt Organizations (RICO) statute. Title II: Obscenity - Makes it a Federal criminal offense to receive or possess, with the intent to distribute, obscene matter which has been transported in interstate or foreign commerce. Makes it a Federal criminal offense to knowingly use a facility or means of commerce to sell or distribute obscene matter in interstate or foreign commerce. Establishes a rebuttable presumption, with respect to Federal criminal offenses involving obscene matter, that obscene matter produced in one State (or outside the United States) which is subsequently located in another State (or in the United States) was transported, shipped, or carried in interstate (or foreign) commerce. Establishes criminal and civil forfeiture procedures with respect to Federal offenses involving obscene material and child pornography. Includes communications by means of cable or subscription television within the prohibition against broadcasting obscene language. Amends the Communications Act of 1934 to modify the penalty provisions of such Act with respect to obscene telephone communications. Amends the Federal criminal code to establish criminal penalties for the possession or sale of obscene matter on Federal property. Adds obscenity offenses to the list of crimes for which the Government may obtain wiretaps.
![Official portrait of Sen. Durenberger, Dave [R-MN]](https://www.congress.gov/img/member/d000566_200.jpg)