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![Official portrait of Sen. Karnes, David K. [R-NE]](https://www.congress.gov/img/member/k000011_200.jpg)
United States · Official source
281 records where Sen. Karnes, David K. [R-NE] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 19 October 1988
Refers S. 1964, a bill for the relief of a named corporation, to the chief judge of the United States Claims Court.
United States · United States Congress · 19 October 1988
Commends Kenneth A. McLean for his service to his country and the Senate. (Kenneth McLean served as staff director of the Senate Committee on Banking, Housing, and Urban Affairs.)
United States · United States Congress · 11 October 1988
Amends Senate Resolution 28, 99th Congress, to require closed caption broadcasting of Senate floor proceedings for hearing-impaired individuals.
United States · United States Congress · 5 October 1988
Kids and Infants Deductible Care Act of 1988 - Title I: Kidcare Refundable Tax Credit - Amends the Internal Revenue Code to allow an individual a refundable income tax credit of up to $2,400 per dependent per year for child care expenses with respect to each dependent child under the age of six residing in the household. Establishes the credit percentage at 50 percent, progressively reduced (but not below 20 percent) as a taxpayer's adjusted gross income exceeds $10,000. Increases the credit to 65 percent in the case of an unmarried working parent. Limits the amount of child care expenses subject to the credit to one-third of the taxpayer's earned income. Disallows application of the credit: (1) in connection with child care expenses at overnight camps; and (2) with respect to taxpayers eligible for the earned income credit. Title II: Child Care Liability - Part A: Child Care Liability Reform - Applies this part to any civil action, except for intentional torts, in any State or Federal court, against any child care provider complying with the licensing or accreditation requirements of the State in which the provider is located. Makes joint and several liability inapplicable, except for concerted actions. Provides for the reduction of damages awards when there are collateral sources of compensation. Sets forth standards and procedures for awarding punitive damages. 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 (a corporation or other limited liability association of licensed child care providers that satisfies specified Federal statutory criteria). Sets forth criteria for State applications for assistance, including a requirement for a State plan containing prescribed provisions. Directs the Secretary of Health and Human Services to review and approve State plans and monitor State compliance with requirements of this part. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations. Instructs the Secretary of Commerce with respect to allotment amounts and procedures. Title III: Incentives for Employer-Provided Child Care - Permits businesses a ten percent investment tax credit in connection with certain depreciable property used as part of a child care facility operated by the employer on or near the work site for the care of enrollees, at least 30 percent of whom must be dependents of the employer's employees. Provides for recapture of the credit amount if the facility ceases to be a qualified child care property. Limits to $200,000 the annual qualified investment subject to the credit. Allows employers a ten percent tax credit for expenses paid or incurred in providing for or contributing to dependent care assistance programs. Requires cafeteria plans to include dependent care assistance as an option.
United States · United States Congress · 3 October 1988
Omnibus Anti-Substance Abuse Act of 1988 - Title I: Organization - Subtitle A: National Drug Control Program - National Narcotics Leadership Act of 1988 - Establishes within the Executive Office of the President the Office of National Drug Control Policy to prepare a national drug control strategy, to direct and coordinate Federal drug control efforts, and to be headed by a Director of National Drug Control Policy (DNDCP) and two Deputy Directors. Specifies the duties and responsibilities of the heads of executive branch departments and agencies. Authorizes the Director to designate certain areas of the country as high intensity drug areas and to reassign personnel on a temporary basis and provide funds for programs in such areas. Terminates the National Drug Enforcement Policy Board, the National Narcotics Border Interdiction System, and the White House Drug Abuse Policy Office. Authorizes appropriations. Subtitle B: Department of Justice Civil Enforcement Enhancement - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1988 - Directs the Attorney General to ensure that each component of the Department of Justice (DOJ) having criminal law enforcement responsibilities with respect to the prosecution of organized crime and controlled substances violations attaches a high priority to civil enforcement for such violations. Authorizes appropriations. Title II: Crimes and Penalties and Law Enforcement - Subtitle A: Career Criminals - Sets a mandatory penalty of life imprisonment after two or more prior convictions for a felony drug offense. Subtitle B: Public Corruption - Makes it a felony for a public official to seek or accept (or an individual to offer or promise to give) anything of value in exchange for influence to commit an offense against the United States or any State (or with intent to influence such official). Subtitle C: Importation - Requires the U.S. Sentencing Commission (Commission) to promulgate guidelines providing for specified penalties for the importation by aircraft and other vessels of controlled substances. Subtitle D: Schools and Minors - Directs the Commission to promulgate guidelines providing for specified penalties for controlled substances offenses involving minors. Makes exception to the mandatory minimum penalty for first offenses involving five grams or less of marijuana. Subtitle E: Firearms - Increases penalties for the use of certain weapons in connection with a crime of violence or a drug trafficking crime. Sets penalties for the possession of firearms and dangerous weapons in a Federal facility. Subtitle F: Money Laundering - Sets limitations on civil and criminal forfeitures by domestic financial institutions and by defendants who handled but did not retain the property in the course of a money laundering offense. Establishes penalties for conducting financial transactions involving property represented to be the proceeds of specified unlawful activity with the intent to promote or conceal such activity or to avoid a State or Federal transaction reporting requirement. Amends the Bank Secrecy Act to cover businesses similar to financial institutions. Subtitle G: Juvenile Justice - Authorizes the U.S. attorney to forego prosecution of, and surrender to State authorities, a person under 21 years of age who has been arrested, charged, or is a delinquent unless such surrender is authorized by specified provisions of the Federal criminal code pertaining to delinquency proceedings. Subtitle I: Prisons (SIC) - Increases the maximum penalty for drug offenses within Federal prisons. Directs the Attorney General to study and, if appropriate, submit to the Congress proposed legislation which would require prisoners incarcerated in Federal facilities to pay the costs of confinement. Subtitle J: Drug Testing as a Condition of Probation and Supervised Release - Adds drug testing as a condition of probation and supervised release for specified offenses. Establishes procedures for such testing. Subtitle K: Minor and Technical Criminal Law Act Amendments - Minor and Technical Criminal Law Amendments Act of 1988 - Makes technical and conforming amendments to the Federal criminal code. Increases criminal penalties imposed in cases when a bodily injury results during the commission of the crime of deprivation of rights under color of law. Grants the Associate Attorney General authority to: (1) approve certain civil rights prosecutions; (2) approve prosecutions for flight to avoid service of process; (3) summon special grand juries; (4) request a judicial grant of immunity; and (5) object to the disclosure of classified information under the Classified Information Procedures Act. Grants specially designated Assistant Attorneys General authority to approve certain civil rights prosecutions. Grants the Deputy Assistant Attorney General authority to request judicial grants of immunity. Permits the transmission of information on sports betting from a State where such betting is legal to a foreign country where such betting is legal. Permits prosecutions for certain obstruction of justice offenses: (1) to be brought in the district where the official proceeding was intended to be effected or in the district in which the conduct constituting the alleged offense occurred and (2) where the culpable conduct is "corrupt persuasion." Authorizes governmental access to records concerning electronic communication service or remote computing service through the issuance of a trial subpoena. (Current law provides for such access only through the issuance of an administrative or grand jury subpoena.) Amends the Sentencing Reform Act of 1984 to raise the maximum prison term for class B felonies from 20 to 25 years. Amends the Comprehensive Crime Control Act of 1984 to establish conditions for the temporary release (furlough) of persons hospitalized following an acquittal by reason of insanity. Requires copies of certain periodic reports prepared by directors of psychiatric hospitals concerning persons hospitalized for threatening the President, the Vice President, or certain other persons protected by the Secret Service, to be submitted to the Director of the U.S. Secret Service. Extends the power to conduct certain psychiatric and psychological examinations under the Federal criminal code to all psychologists. (Current law extends such power to psychiatrists and clinical psychologists.) Makes conforming amendments to the Federal Rules of Civil Procedure permitting courts to designate psychologists to conduct mental examinations of parties in civil proceedings. Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to create three additional RICO predicates: (1) murder-for-hire; (2) sexual exploitation of children; and (3) fraud in connection with access devices (i.e., credit cards, electronic banking cards, etc.). Amends the Controlled Substances Act (CSA) to subject all personal property used to facilitate a drug offense to forfeiture. (Currently, only certain types of personal property are subject to forfeiture.) Directs the Attorney General to ensure the equitable transfer of any forfeited property to the appropriate State or local law enforcement agency to reflect the contribution of such agency in the actions which led to the forfeiture. Specifies that a decision by the Attorney General under this authority is not subject to judicial review. Authorizes the U.S. Postal Service to: (1) investigate money laundering offenses where the offenses giving rise to the proceeds to be laundered are within the jurisdiction of the Service; and (2) conduct civil forfeiture proceedings in connection with such offenses. Provides that the Attorney General shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding and that the authority of the Service shall apply only to property that has been administratively forfeited. Amends the Federal criminal code to authorize Federal Prison Industries, Incorporated (Corporation) to issue its obligations to the Secretary of the Treasury. Authorizes the Secretary to purchase such obligations. Allows the Secretary to: (1) sell such obligations as public debt transactions; and (2) upon the request of the Corporation, invest excess monies from the Prison Industries Fund. Permits Corporation funds to be used to acquire industrial buildings and equipment for corporate operations. Prohibits the use of corporate funds for the construction or acquisition of penal or correctional institutions or camps. Requires the board of directors of the Corporation to include in its annual report to the Congress: (1) a statement of the amount of obligations issued during the fiscal year; and (2) an estimate of the amount of obligations that will be issued in the following fiscal year. Requires the board of directors to employ the greatest possible number of inmates in U.S. penal institutions who are eligible to work. Directs the Corporation to: (1) produce products on an economic basis, but avoid capturing a reasonable share of the market among Federal departments; (2) concentrate on providing to the Federal Government only those products which permit employment of the greatest number of inmates; and (3) diversify products so that sales are broadly distributed among industries. Requires any decision to produce a new product or expand production significantly to be made by the board of directors. Directs the Corporation, before such decision is made, to prepare a written analysis of the plan's impact on industry and free labor. Requires the Corporation to provide notice of such plans to potentially affected private vendors or trade associations, allowing such parties to submit comments. Directs the Corporation to provide to the board of directors the analysis, comments, and recommendations for action. Requires the Corporation to publish the final decision of the board of directors and, after each six-month period, a list of sales by the Corporation. Amends the CSA and the Controlled Substances Import and Export Act to provide that all the penalties applicable to an underlying drug offense also apply to an attempt or conspiracy to commit such offense. Specifies that a provision providing for the forfeiture of property found within the United States that is derived from drug offenses that occur overseas applies to both real and personal property and to property derived from or traceable to the proceeds of an offense, as well as the proceeds themselves. Provides a mandatory minimum penalty for trafficking in a substantial quantity of methamphetamine and salts and isomers thereof. Subjects to a fine and imprisonment anyone who conducts a financial transaction involving the proceeds of criminal activity with intent to violate the tax laws. Establishes a misdemeanor penalty in connection with the criminal escape of a person being detained for the purpose of exclusion or deportation under the immigration laws. Authorizes the Federal Bureau of Investigation (FBI) to investigate killings of State or local law enforcement officers upon the request of the head of the agency employing such an officer. Increases the maximum prison term in connection with specified crimes of sexual abuse, murder for hire, involuntary manslaughter, attempted murder, being an accessory after the fact, and certain types of racketeering offenses. Increases the penalty for possessing an explosive in a Federal building. Expands such offenses to include airports that are subject to the regulatory authority of the Federal Aviation Administration (FAA) even though not owned by, or leased to, the United States. Amends the Interstate Agreement on Detainers Act to revise provisions applicable to transfers involving the United States when it obtains custody of a State prisoner on Federal charges. Revises the Federal Rules of Criminal Procedure to require a Federal district court to advise a defendant concerning the effects of supervised release terms on the possible penalty before the court accepts a plea of guilty or nolo contendere. Permits the United States to bring an action to enjoin various types of fraud against the Government. Imposes criminal penalties for obstructing Federal audits and for using the term "Secret Service" without authorization. Amends Federal criminal code provisions governing the time for refiling an indictment or information after it is dismissed because it was found to be defective. Amends the Speedy Trial Act of 1974 to extend or restart the 70-day trial "clock" when the defendant absconds on the eve of trial. (Present law suspends such period during the time that the defendant is a fugitive). Authorizes the Government to refund bail which has been erroneously forfeited. Provides that special assessments shall not be imposed for any offense for which local rules or other Federal law allow a defendant to post collateral in lieu of appearance in court. Authorizes a court to impose conditions alternative to fines, restitution, or community service as conditions of probation for felons. Authorizes a judge or magistrate of the District of Columbia to issue an arrest warrant for a foreign fugitive whose location is unknown. Revises the definition of "petty offense" for purposes of the Federal criminal code, the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates, and the Federal Rules of Criminal Procedure. Imposes criminal penalties on persons who mail locksmithing devices. Amends the Assimilative Crimes Act (which authorizes Federal judges to apply State criminal statutes for acts or omissions taking place within a State but on a Federal enclave) to define the various State-enacted sanctions as "punishments" in cases of driving under the influence of drugs or alcohol (thus allowing the imposition of non-jail term sanctions). Provides that refusal to consent to a chemical test following arrest for driving under the influcence on a Federal enclave would result in suspension of driving privileges for one year and would be admissible as evidence in court. Amends provisions with respect to the setting of bail pending appeal. Authorizes the emergency installation of pen registers and trap and trace devices under specified circumstances. Subtitle L: Sentencing Amendments - Amends the Sentencing Act of 1987 to require that the Attorney General assign to the United States Parole Commission for supervision any offender on parole from a foreign country who is transferred to the United States. Requires such offender to serve a term of imprisonment applicable under U.S. sentencing guidelines and to serve any remainder of the term imposed by the foreign country under release supervised by the appropriate district court. Amends the Federal criminal code with respect to the standard of appellate review of sentences. Authorizes the United States Sentencing Commission to: (1) retain private attorneys to advise it; and (2) grant incentive awards to its employees. Requires a court to consider the need to protect the public from future crimes of a defendant when terminating or modifying conditions of supervised release. Amends the Federal Rules of Appellate Procedure with respect to the time for filing a notice of appeal of a sentence. Subtitle M: Miscellaneous - Authorizes the Attorney General to waive immigrant admission requirements with respect to an alien and his immediate family for furnishing specified information to authorities or cooperating with Federal authorities as a witness. Establishes procedures for notice of a defense based upon the defendant's actual or believed exercise of public authority on behalf of a law enforcement or Federal intelligence agency. Establishes: (1) a U.S. Marshals Service within DOJ; and (2) a National Advisory Commission on Law Enforcement within the legislative branch. Subtitle N: State and Local Narcotics Control and Justice Assistance Improvements - Chapter 1: State and Local Narcotics Control and Justice Assistance Improvements - Establishes within DOJ a Bureau of Justice Assistance (BJA). Sets up a drug control and system improvement grant program. Authorizes appropriations. Chapter 2: Juvenile Justice and Delinquency Prevention Programs - Provides for grants for prevention and treatment programs relating to juvenile gangs, drug abuse, and drug trafficking. Authorizes appropriations. Provides for the confidentiality of program records. Chapter 3: Runaway and Homeless Youth - Reauthorizes the Runaway and Homeless Youth Act. Authorizes: (1) a transitional living grant program to promote a transition to self-sufficient living and to prevent long-term dependency on social services; and (2) grants for runaway and homeless youth centers. Chapter 4: Missing Children's Assistance Act - Reauthorizes the Missing Children's Assistance Act. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require that certain grants or contracts be made by a competitive process. Chapter 5: Family Violence Prevention Act of 1988 - Family Violence Prevention Act of 1988 - Provides for family violence reporting and a national survey of the extent of domestic violence in America. Authorizes appropriations. Chapter 6: Regional Information Sharing Systems Grants - Authorizes the Director of BJA to make grants and enter into contracts for the purpose of identifying, targeting, and removing criminal activities spanning jurisdictional boundaries. Chapter 7: Public Safety Officers' Death Benefits Improvement - Increases the basic level of death benefits payable to beneficiaries of a public safety officer. Authorizes and directs the use of appropriations to establish national programs to assist the families of public safety officers who die in the line of duty. Chapter 8: Criminal History Record, Arrest Warrant, and Stolen Vehicle Record Information Improvement - Criminal History Record Information Improvement Act of 1988 - Provides for grants to improve criminal history record, arrest warrant, and stolen vehicle record information. Chapter 9: College and Railroad Police Information - Makes railroad, private college, and university police departments subject to Federal provisions relating to the acquisition, preservation, and exchange of criminal and related records. Chapter 10: Assistance to State and Local Courts - Amends the State Justice Institute Act of 1984 to reauthorize the State Justice Institute. Chapter 11: Victim Compensation and Assistance - Subchapter A: Victims of Crime Act of 1984 Reauthorization - Reauthorizes the Victims of Crime Act of 1984 (VCA). Amends such Act to make funds available to previously underserved victims populations. Subchapter B: Establishment of Office for Victims of Crime - Establishes within DOJ an Office for Victims of Crime. Specifies the duties of the Director. Amends the VCA to provide authority for grants to the States for the handling, investigations, and prosecution of cases of child abuse, particularly sexual abuse. Specifies eligibility requirements for States to qualify for such assistance. Provides for: (1) the establishment or designation of a State multidisciplinary task force on children's justice; (2) the adoption of State task force recommendations; and (3) grants for Native American Indian tribes to improve the handling, investigation, and prosecution of child abuse cases. Subchapter C: Other Amendments to Victims of Crime Act of 1984 - Amends the VCA to: (1) add victims of drunk driving and domestic violence to those eligible for compensation under such Act; and (2) provide compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes. Subtitle O: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act (CSA) to establish recordkeeping and reporting requirements for persons who engage in specified regulated transactions with respect to a listed precursor or essential chemical, a tableting machine, or an encapsulating machine. Makes it the responsibility of each regulated person who engages in such a transaction to identify each other party to the transaction. Directs the Attorney General to specify by regulation the types of documents or other evidence that constitute proof of identity. Requires each regulated person to report specified transactions to the Attorney General. Sets forth provisions with respect to the confidentiality of records. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person. Authorizes the Attorney General to order the suspension of a transaction. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Establishes criminal penalties for persons who knowingly or intentionally import or export a listed chemical with intent to manufacture a controlled substance or with reasonable cause to believe that the chemical will be used for such a purpose. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the CSA to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) receive or distribute reportable amounts of chemicals in de minimis amounts so as to evade reporting and recordkeeping requirements; (4) distribute a listed chemical unlawfully; or (5) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. 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 violations of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Subtitle P: Application of United States Immigration Laws and Deportation of Aliens Committing Aggravated Felonies - Violent Criminal Alien Deportation Act - Amends the Immigration and Nationality Act to prohibit the release from custody or conditional parole of any alien arrested pending a determination of whether such alien is deportable for having been convicted of an aggravated felony. Sets forth criminal penalties for: (1) reentry of certain deported aliens; (2) aiding or assisting certain aliens to enter the United States; and (3) refusal of certain aliens to appear and testify after being subpoenaed. Provides for special deportation proceedings and expedited procedures for the deportation of aliens convicted of aggravated felonies. Bars reentry of such aliens for ten years. Provides for forfeiture of instrumentalities used in bringing in and harboring certain aliens. Subtitle Q: Forfeiture and Customs - Chapter 1: Department of Justice Assets Forfeiture Fund - Establishes within the U.S. Treasury the Department of Justice Assets Forfeiture Fund for: (1) the payment of expenses necessary to seize, maintain, or sell property under seizure, detention, or forfeiture; (2) the payment of awards for information or assistance leading to a civil or criminal forfeiture; or (3) related purposes. Sets forth reporting requirements by the Attorney General to the Congress concerning property seized. Chapter 2: Customs Forfeiture Fund - Establishes within the Treasury the Customs Forfeiture Fund for: (1) the payment of expenses of seizures; (2) awards of compensation to informers; (3) satisfaction of liens and claims of parties in interest to property disposed of under the Tariff Act of 1930 (Tariff Act); and (4) related purposes. Makes available the proceeds of such seizures by the U.S. Coast Guard to the Coast Guard for specified purposes. Requires the Commissioner of Customs to submit annual reports to the Congress. Authorizes appropriations. Chapter 4: Miscellaneous Forfeiture Provisions (SIC) - Amends the CSA to provide for the transfer by the Attorney General of forfeited personal property or the proceeds of the sale of such property. Requires the Attorney General to prescribe regulations for expedited administrative procedures for property seizures for violations involving the possession of personal use quantities of a controlled substance that provide for the immediate return of the property if the owner or interested party did not know of, or consent to, the violation and took reasonable steps to prevent the illegal use of the property. Sets forth provisions relating to: (1) the obtaining of warrants; (2) the powers of U.S. postal personnel to serve warrants and subpoenas, make arrests and seizures, and carry firearms; and (3) the transfer of foreign property by the Treasury. Chapter 5: Administrative Forfeiture - Increases the value of seized vessels or merchandise which requires written and published notice of seizure and forfeiture under the Tariff Act. Subtitle R: United States Magistrates and Court Reforms - Authorizes any U.S. magistrate to: (1) accept a guilty plea for any offense against the United States; and (2) enter a sentence for a misdemeanor or infraction with the consent of the parties involved. Provides for the designation of certain days in which the courts within a circuit shall conduct only proceedings relating to drug offenses. Subtitle S: Military Institutions - Makes the Bureau of Prisons responsible for: (1) administering the confinement facilities located on military installations; and (2) establishing and regulating drug treatment programs and establishing and managing work programs for inmates held in such facilities. Subtitle T: Customs Enforcement Amendments - Amends the Tariff Act to require the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements. Sets penalties for violation of such provision. Grants the same force and effect to a declaration of forfeiture by the appropriate customs officer of a vessel, a vehicle, aircraft, merchandise, or baggage as a final decree and order in a judicial forfeiture proceeding. Subjects persons convicted of specified criminal offenses to fines for the reasonable costs of the investigation and prosecution of the offense, unless the court determines that the defendant lacks the ability to pay. Authorizes the Secretary of the Treasury to administer oaths, subpoena witnesses, take evidence, and compel the production of records in the course of investigating the enforcement of any law that prohibits the importation or exportation of any merchandise. Establishes procedures regarding claims for, and judicial condemnation of, seized vessels or merchandise, forfeiture proceedings, and summary sales of such vessels or merchandise. Amends the Federal Aviation Act of 1958 (Aviation Act) to subject violators to: (1) a civil penalty for failure to report a transfer of ownership of an interest in any aircraft for which a certificate of registration has been issued under such Act; and (2) to seizure and forfeiture in the case of materially false statements or omissions. Subtitle U: Authorization of Additional Appropriations for Drug Enforcement and Interdiction - Chapter 1: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes appropriations for salaries and expenses for the Immigration and Naturalization Service (INS) for FY 1989. Earmarks a specified sum to increase the number of INS inspectors. Authorizes appropriations to the INS for FY 1989 for the Organized Crime Drug Enforcement Task Forces, for additional special agent and support positions, training and equipment, and operations. Specifies that such positions, under the supervision of a director for the pilot project, shall be used exclusively to assist in combatting illegal alien involvement in drug trafficking and crimes of violence. Spells out the authority and responsibility of the director. Requires the Attorney General to set up a pilot program in four cities to establish or improve the capabilities of the local offices of the INS and local law enforcement agencies to respond to inquiries concerning aliens arrested or convicted for, or subject to criminal investigation relating to, a violation of any law relating to controlled substances. Authorizes appropriations for FY 1989 for: (1) salaries, expenses, and increased personnel for the Bureau of Alcohol, Tobacco, and Firearms, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the U.S. Marshalls Service, U.S. Attorney, and the Federal Judiciary; (2) support of United States prisoners in non-Federal institutions; and (3) the Federal Prison System. Chapter 2: Drug Interdiction Asset and Personnel Enhancement - National Drug Interdiction Asset and Personnel Enhancement Act of 1988 - Subchapter A: Coast Guard - Authorizes appropriations to the Coast Guard for FY 1989 for acquisition, construction, improvement, and operating expenses (including personnel). Subchapter B: United States Customs Service - Authorizes appropriations to the U.S. Customs Service for FY 1989 for the air interdiction program and salaries and expenses of the Service (including increasing the number of Customs inspectors). Subchapter C: Drug Enforcement Administration - Authorizes appropriations for salaries and expenses of DEA for FY 1989. Subchapter D: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the border patrol within DOJ, for increased equipment and personnel, for design improvements for the border patrol station of San Clemente, California, and to establish an INS drug education officers program. Subchapter E: Research and Development Programs to Assist Federal Enforcement Agencies - Provides for the use of existing Federal research and development facilities for civilian law enforcement. Authorizes appropriations to the Customs Service for FY 1989 for cargo container drug detection research and development. Directs the Commissioner of Customs to report his findings to the appropriate congressional committees. Subchapter F: Drug Enforcement Training Improvement - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center for expanded training, salaries, and expenses. Directs the Secretary of the Treasury to report to the appropriate congressional committees. Authorizes the Department of Defense, Department of State, DEA, Customs Service, and INS to provide foreign language training to special agent personnel. Authorizes appropriations. Subchapter G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for salaries and expenses of DEA for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subchapter H: Standards of Care in Discovering Contraband - Directs the Secretary of the Treasury to: (1) prescribe regulations for discovering whether controlled substances imported into the United States are aboard a conveyance; and (2) issue controlled substances regulations for a two-year demonstration program to prevent air carrier smuggling. Subchapter I: Interpol-United States National Central Bureau - Authorizes appropriations for the U.S. National Central Bureau for FY 1989, including increases in personnel. Subchapter J: Civil Air Patrol - Directs the Secretary of the Air Force to: (1) issue regulations to ensure that the Civil Air Patrol plays an integral role in drug interdiction and eradiction activities; and (2) submit quarterly reports to specified congressional committees regarding such activities. Title III: Prevention, Education, and Treatment - Subtitle A: Alcohol and Drug Abuse and Mental Health Services Block Grants - Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for block grant allotments to States for prevention, treatment, and rehabilitation projects with respect to alcohol and drug abuse and for mental health services. Changes the formula for determining the amount by which State allotments shall be reduced for failure to implement a State comprehensive mental health services plan. Sets forth requirements regarding a report by the Comptroller General of the General Accounting Office with respect to plan implementations. Authorizes the Secretary of Health and Human Services (Secretary) to use not to exceed one percent of the amounts appropriated for the allotments in each of FY 1988 through 1991 to conduct evaluations and prepare reports concerning the effectiveness of the block grant programs. Revises the formula for determination and distribution of the allotments. Sets forth requirements for allotment applications, including requirements that the chief executive officer of each State certify: (1) that the funds will be used for comprehensive mental health services and community mental health centers; (2) that the State will establish reasonable evaluation criteria; (3) the specific purposes for which the funds will be used; (4) that the State will use the funds for specified alcohol and drug abuse activities; (5) that the State will use certain funds to provide new mental health services and programs; and (6) other matters. Requires States, in order to receive allotment payments, to agree to coordinate among mental health services institutions the establishment of a State comprehensive community mental health system. Requires the chief executive officer of a State to establish a State mental health services planning council. Directs the Secretary to report annually to specified committees of the Congress regarding the new State mental health services. Amends title V of the Public Health Service Act to require the Secretary to collect data on mental health and on alcohol and drug abuse treatment. Directs the Secretary to report to specified congressional committees every two years on drug and alcohol and mental health services. Directs the Secretary, through the Director of the National Institute of Mental Health, to develop a model plan for a community-based system of care for seriously mentally ill individuals. Authorizes appropriations and makes allotments to States based on population and need. Sets forth procedures for applications by the States, reporting, and evaluation. Specifies appropriate and prohibited uses of such funds. Provides for training, technical assistance, and data collection. Subtitle B: National Institutes of Alcohol, Drug Abuse, and Mental Health - Establishes an Office for Substance Abuse Prevention within the Alcohol, Drug Abuse, and Mental Health Administration. Specifies the duties and authority of the Administrator of such agency. Renames the Administration the National Institutes of Alcohol, Drug Abuse, and Mental Health. Directs the Secretary to make grants to States, political subdivisions, and nonprofit entities for specified types of mental health services demonstration projects, subject to certain restrictions. Authorizes appropriations for FY 1988-90 for specified projects. Directs the Administrator to establish and implement a public information program of fetal alcohol syndrome and to report to specified congressional committees. Authorizes appropriations for FY 1988-91 for the National Institute on Alcohol Abuse and Alcoholism. Authorizes appropriations for FY 1989-91 for the National Institute on Drug Abuse (NIDA). Provides for the dissemination of drug treatment information and for the evaluation of the Veterans Administration's inpatient and outpatient drug and alcohol treatment programs. Requires the Director of NIDA to conduct annual surveys of households and high school seniors nationwide. Directs the Secretary to establish demonstration projects providing grants to States to provide treatment and referrals to individuals who abuse drugs. Sets forth provisions governing procedures for awarding grants, criteria for such awards, applications, and preferences to projects demonstrating a comprehensive approach to the problem. Requires, as a condition of awarding grants, a systematic evaluation of the projects funded. Authorizes appropriations for FY 1989-93. Directs the Secretary to develop and maintain an ongoing program of research and evaluation of alcohol and drug abuse treatment programs to determine the most effective treatment methods and to assess the comparative efficacy and cost-effectiveness of different methods. Directs the Secretary to: (1) make grants to States for community youth activity programs, giving priority to projects such as those seeking to reinvolve dropouts in educational programs and providing outreach to individuals at high risk of substance abuse; and (2) develop and conduct a structural evaluation of the different approaches utilized across the nation to reduce substance abuse. Subtitle C: Institute of Medicine - Directs the Secretary to: (1) conduct a study concerning the appropriate treatment, rehabilitation, and continuing use of persons suffering from severe and disabling mental illnesses; and (2) report to specified congressional committees on the results of such study. Authorizes appropriations. Subtitle D: Alternative Utilization of Military Facilities - Requires the Director of NIDA to: (1) coordinate with the agencies represented on the Commission on Alternative Utilization of Military Facilities the utilization of military facilities that could house nonviolent persons for drug treatment purposes; (2) notify State agencies responsible for the oversight of drug abuse treatment programs of the availability of space at such installations; and (3) assist such agencies in developing methods for adapting such installations into residential treatment centers. Sets forth the duties of such State agencies. Allows the Director to reserve space at such facilities to conduct research or demonstration projects. Amends the Federal Property and Administrative Procedures Act of 1979 to allow surplus property under the control of an executive agency to be donated for drug abuse treatment centers. Subtitle E: Acquired Immunodeficiency Syndrome Block Grants - Amends the PHSA to authorize appropriations to make grants to public and nonprofit private entities for programs seeking to reduce the transmission of the acquired immunodeficiency virus in and by users of illegal intravenous drugs. Specifies: (1) allotments of funds appropriated to the States and U.S. territories; (2) information and assurances required concerning the implementation of programs; and (3) appropriate uses of allotments and unexpended sums. Subtitle F: Miscellaneous - Provides for the: (1) establishment of the Office of Associate Director for Special Populations to develop and coordinate prevention, treatment, research, and administrative policies and programs to assure increased emphasis on the needs of women and minorities for the prevention and treatment of alcoholism, alcohol abuse, and related problems; and (2) development of a model insurance benefit plan to be considered for adoption by the Administrator of the Office of Personnel Management and the Congress, including a consideration of the costs and benefits of alternative coverage designs. Requires the Secretary to submit a report containing recommendations concerning the latter to the appropriate congressional committees and to make such report available to members of the insurance industry and business community. Authorizes appropriations for FY 1989 for National Research Service Awards. Authorizes the Secretary to make funds available for the training of personnel to treat substance abuse. Authorizes appropriations for FY 1989. Establishes drug testing certification program requirements. Directs the Secretary of Labor to make funds available to enable employers to develop employee drug and alcohol abuse assistance programs. Authorizes appropriations. Amends the Domestic Volunteer Service Act to authorize appropriations for FY 1989-91. Requires the Secretary to: (1) report to specified congressional committees concerning the range of treatment programs for drug abuse utilized with funds provided under the PHSA and other such programs utilized by State and local governments and private organizations; and (2) identify those programs that demonstrate effective treatment for drug abuse. Amends the PHSA to grant the Public Helath Service authority to enter into certain lease-purchase contracts for the acquisition by lease of buildings and facilities needed to carry out its mission. Subtitle G: Drug Education - Drug-Free Schools Amendments of 1988 - Amends the Drug Free Schools and Communities Act of 1986 to increase appropriations authorized for FY 1989-93. Authorizes State regional drug and alcohol abuse education and prevention centers. Grants priority for the use of funds to training activities concerning drug abuse education and prevention for individuals such as teachers, counselors, parents, and community leaders. Includes within the definition of "high risk youth" individuals who have experienced chronic failure in school. Revises requirements for State applications to include: (1) a detailed comprehensive plan describing how money allocated to the chief executive officer is to be used; and (2) a description of any applicable State teacher certification requirements regarding training in drug and alcohol abuse education and prevention, including a description of the extent to which substance abuse education and prevention is included in teacher training curricula in the State. Authorizes the use of local drug abuse education and prevention program funds for: (1) outreach activities, abuse prevention programs, and referral services for school dropouts; and (2) counseling programs and referral services for parents and siblings of drug and alcohol abusers. Requires State and local reports to be submitted biennially to the Secretary of Education and the appropriate State educational agency, respectively, containing information on the conduct and progress of such programs. Directs such Secretary to make grants to State and local educational agencies and institutions of higher education for teacher training programs. Sets forth application procedures. Authorizes appropriations for FY 1989-93. Directs such Secretary to: (1) conduct an independent evaluation of a representative sample of programs assisted under this subtitle and identify successful projects which may be replicated by other local education agencies throughout the country, and transmit an interim and final report concerning the results of such evaluation; (2) develop model criteria and forms for the collection of data and information with respect to programs under this subtitle, and to disseminate such criteria and forms to regional centers as a resource to States and local educational programs; and (3) provide for the development and dissemination of early childhood education drug abuse prevention curriculum materials and reserve a specified sum for such purpose. Subtitle H: Effective Date - Sets forth the effective date of this title. Title IV: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: Authorization of Appropriations; Allocation of Funds - Amends the Foreign Assistance Act of 1961 (FAA) to authorize appropriations for FY 1989 for international narcotic control activities, multilateral and regional drug abuse control programs, and the development and implementation of a machine-readable document border security program. Directs the Assistant Secretary of State for International Narcotics Matters to give greater attention to those countries which are drug-transit countries but not major drug-transit countries, and which are cooperating fully with the United States in its international narcotics control efforts. Earmarks appropriations for narcotics control assistance to such countries. Amends the State Department Basic Authorities Act of 1956 (SDBAA) to provide additional funds for rewards for information relating to international terrorism. Provides for the reallocation of funds withheld from countries which failed to take adequate steps to halt illicit drug production or trafficking. Earmarks funds for FY 1989 for: (1) education and training of, and the expenses of deploying, training teams in foreign countries for narcotics control purposes; and (2) procurement of weapons to defend aircraft involved in narcotics control efforts. Sets forth congressional notification requirements. Subtitle B: Restriction on Foreign Assistance and Trade Benefits - Revises certification procedures for drug producing and drug-transit countries under the Trade Act of 1974 and the FAA to take into account actions by foreign governments to stem the flow of illicit drugs into the United States. Authorizes assistance under the FAA for narcotics education and awareness activities. Subtitle C: Reporting Requirements - Subjects any transfer by the Government to a foreign country for narcotics control purposes of any property seized by, or otherwise forfeited to, the Government in connection with narcotics-related criminal activity to the regular reprogramming procedures under the FAA. Requires the President to submit a report to the Congress of all such transfers during that fiscal year. Requires the President to submit annual reports to the Congress describing: (1) the assistance provided, or to be provided, to certain countries by the DEA, Customs Service, and Coast Guard; and (2) U.S. assistance for the previous fiscal year which was denied and the identities of officials whose activities caused such government to be evaluated. Requires specified determinations by the President to be expressed in numerical terms of maximum achievable reductions in illicit drug production. Requires the President to include in the first report required under the FAA what, if any, incentives may be appropriately provided to encourage each country's further cooperation. Provides for additional notification and reporting requirements on drug producing and drug-transit countries. Subtitle D: Latin American Anti-Drug Strike Force - Requires the President to direct the U.S. Ambassador to the Organization of American States (OAS) to initiate discussions with OAS members aimed at securing agreement on the formation of a multinational strike force to conduct operations against international illegal drug smuggling organizations in the Western Hemisphere. Directs the Secretary of State to report to specified congressional committees on progress toward achieving establishment of such strike force. Provides for the submissions to the Congress of a supplemental budget request for FY 1989 and 1990 covering the U.S. share of its operation, if progress is made or an agreement reached. Subtitle E: Miscellaneous Provisions - Urges: (1) the Secretary of the Treasury to negotiate with finance ministers of foreign countries to establish an international currency control agency; and (2) the United States to seek to curb international money laundering on the domestic front. Expresses the sense of the Congress that the President should: (1) convene an International Conference on Combatting Illegal Drug Production, Trafficking, and Use in the Western Hemisphere; and (2) call for negotiations on the establishment of an international drug force to pursue and apprehend major international drug traffickers. Directs the President to conduct a review of U.S. reliance on narcotics raw material from foreign sources. Places restrictions on presidential certifications under the FAA with respect to any major drug producing or drug-transit country which is also a producer of licit narcotics and raw materials. Title V: User Accountability - Subtitle A: Opposition to Legalization and Public Awareness - Expresses the sense of the Congress opposing legalization of illicit drugs. Requires the Drug Control Director to develop a public awareness campaign pertaining to penalties for the use or possession of illegal drugs. Subtitle B: National Commission on Drug-Free Schools - Establishes a National Commission on Drug-Free Schools. Specifies the composition, duties, compensation of members, and powers of the Commission. Requires the Commission to report its findings and recommendations to the President and the Congress. Authorizes appropriations. Subtitle C: Preventing Drug Abuse in Public Housing - Chapter 1: Regulatory and Enforcement Provisions - Amends the United States Housing Act of 1937 (Housing Act) to permit the termination of a tenancy in public housing where any member of the tenant's household, guest, or a person under the tenant's control engages in specified criminal activity. Authorizes a public housing agency to hire investigators of drug crimes. Requires the Secretary of Housing and Urban Development (HUD) to: (1) conduct a study of the extent to which security activities in public housing projects are funded under the Performance Funding System; and (2) transmit to the Congress a report on such study. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants under the BJA block grant program to address the problems of drug trafficking and the manufacture of controlled substances in public housing. Includes a leasehold interest in property as subject to forfeiture under the CSA. Chapter 2: Public Housing Drug Elimination Pilot Program - Public Housing Drug Elimination Act of 1988 - Authorizes the Secretary of HUD to make grants to public housing agencies to eliminate drug-related crime in public housing projects. Includes among the authorized uses of such funds: (1) employment of security personnel; (2) reimbursement of local law enforcement agencies for additional protective services; and (3) security-enhancing physical improvements. Requires such Secretary to report to the Congress on the success of the program. Authorizes FY 1989 appropriations. Chapter 3: Report on Impact of Public Housing Lease and Grievance Regulation on the Ability of PHAS to Take Action Against Tenants Engaging in Criminal Activity - Directs the Secretary of HUD to submit to the Congress a report on the impact of the implementation of specified provisions of the Housing Act on the ability of public housing agencies to evict or take other appropriate action against tenants engaging in criminal activity. Subtitle D: Drug-Free Workplace Act of 1988 - Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for such proceedings and the effect of such debarment. Requires grantees or contractors, within 30 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) take appropriate personnel action against such employee up to and including termination; or (2) require such employee to participate satisfactorily in an approved drug rehabilitation program. Provides for waiver of the requirements of this Act in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this Act. Subtitle E: Transportation Industry Alcohol and Controlled Substances Testing Program - Amends the Aviation Act to establish an alcohol and controlled substances testing program for air carriers and Federal Aviation Administration employees in safety-sensitive positions. Prohibits continued service by individuals in such positions following use of alcohol or a controlled substance without lawful authorization. Directs each air carrier to establish and maintain a rehabilitation program providing for the identification, and opportunity for treatment, of employees and Federal Aviation Administration employees in safety-sensitive positions. Provides for the establishment of procedures for testing, including the setting of standards for testing and confirmation of results. Specifies the relationship between this and other laws and regulations. Amends: (1) the Federal Railroad Safety Act of 1970 to provide analogous treatment for the railroad industry; and (2) the Commercial Motor Vehicle Safety Act of 1986 to set up a pilot program for the random testing of commercial motor vehicles to determine illicit alcohol or drug use. Requires the Secretary of Transportation to: (1) establish a program of testing and screening of urban mass transportation employees in safety-sensitive positions upon a reasonable suspicion of illicit alcohol or drug use; and (2) promulgate regulations, including requirements for a rehabilitation program for such employees. Subtitle F: Federal Privileges and Benefits - Requires the DNDCP to submit to the Congress a list of Federal privileges, benefits, grants, and loans which, if withheld from individuals convicted of a Federal or State drug offense, would significantly deter the use of illegal drugs in the United States. Subtitle G: Restrictions on Passports for Violators of Controlled Substance Laws and Other Laws - Amends the SDBAA to place restrictions on passports for violators of controlled substance laws. Subtitle H: Authorization of Appropriations for President's Media Commission on Alcohol and Drug Abuse Prevention - Authorizes appropriations for the President's Media Commission on Alcohol and Drug Abuse Prevention for FY 1989-91. Title VI: Sense of the Congress on Drug Funding - Expresses the sense of the Congress with respect to the funding of authorizations in this Act, the handling of subsequent obligations that might arise, and the raising of additional funds from an Internal Revenue Service enforcement and collection initiative and increased receipts arising out of the assets forfeiture fund. Title VII: Death Penalty for Drug-Related Killings - Amends the CSA to establish criteria for the imposition of the death penalty where any person: (1) engaging in a continuing criminal enterprise intentionally, or with reckless indifference to human life, kills or participates in the killing of any individual; or (2) intentionally, or with reckless indifference to human life, kills or participates in the killing of a law enforcement officer during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution, or service of a prison term for a felony violation of such Act. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing the factors it will seek to prove as a basis for the death penalty. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to the offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Prohibits the death sentence with respect to any person who: (1) was under 18 years of age at the time the crime was committed; or (2) by reason of mental disease or defect is unable to understand his or her impending death or its reasons. Sets forth both mitigating and aggravating factors to be considered by the jury or the court when imposing its sentence. Includes among the latter: (1) the intentional nature of the act that resulted in the victim's death; (2) previous convictions for CSA violations; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, or sex of the defendant in its consideration of the sentence. Requires each juror to return a signed certificate stating that these features were not considerations in determining the sentence. Directs the Comptroller General to: (1) conduct a study of the procedures used by States in determining whether to impose the death penalty; and (2) report to the Congress on any factors that may account for the evidence that the race of the defendant or victim influences the likelihood that defendants will be sentenced to death. Allows the court to impose a sentence of life imprisonment without the possibility of parole if the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. States that no employee shall be required to participate in or attend any execution carried out under this Act if such participation is contrary to the employee's moral and religious convictions.
United States · United States Congress · 3 October 1988
Expresses the sense of the Senate that: (1) the President should oppose any restrictions on European Community imports of nongrain feed ingredients, including corn gluten feed, and should support the current duty-free binding on such products; (2) the President should oppose any European Community proposals which would violate the intent of the existing duty-free binding in the General Agreements on Tariffs and Trade for corn gluten feed and corn byproducts; and (3) if unilateral action is taken by the European Community to inhibit the importation of corn gluten, the United States should restrict imports from the Community of at least the aggregate value of the reduced U.S. export products.
United States · United States Congress · 3 October 1988
Commends the Honorable Robert C. Byrd, Majority Leader of the Senate, for his dedication to the ideals of representative democracy and for his outstanding service to the United States.
United States · United States Congress · 27 September 1988
Prohibits the Secretary of Transportation from issuing regulations under the Hazardous Materials Transportation Act that characterize anhydrous ammonia as a poisonous gas.
United States · United States Congress · 27 September 1988
Designates the week of June 18 through June 24, 1989, as National Grasslands Week.
United States · United States Congress · 26 September 1988
Designates the week beginning September 11, 1988, as National Youth 2000 Week.
United States · United States Congress · 22 September 1988
Declares that: (1) national air transportation priorities and planning must be established which meet prescribed criteria (including deregulation); and (2) a bipartisan White House Conference should be convened in 1989 to develop a national aviation policy.
United States · United States Congress · 20 September 1988
Expresses the sense of the Senate that: (1) the United States should welcome an independent Namibia and ensure that the United Nations supervised transitional process assures national reconciliation and self-determination through fair and free elections and the formation of a multiparty, nonracial democracy; (2) U.S. mediators should seek the negotiation of a verifiable withdrawal of all Cuban and Soviet-bloc forces from Angola; (3) the withdrawal of all foreign forces from Angola and the implementation of the U.N.-sponsored process of independence in Namibia must be synchronized with national reconciliation and free and fair elections in Angola; (4) the presence of Soviet-bloc and Cuban military personnel and the buildup of Soviet weaponry by the Popular Movement of the Liberation of Angola (MPLA) in Angola pose a threat to peace; (5) the United States shall not cease assistance to the National Union for the Total Independence of Angola (UNITA) as long as the MPLA continues to receive foreign military assistance and until the President has certified to the Congress that all Cuban forces have been withdrawn from Angola, such forces have not been redeployed elsewhere for a later invasion of Angola, and UNITA and the MPLA have agreed to form a government of national reconciliation and to set a date for holding elections; and (6) the United States should encourage a cease-fire between Cuban and MPLA forces, respectively, and UNITA and promote direct talks between such parties to achieve national reconciliation and the settlement of the Angolan civil war. Directs appropriate Senate committees to: (1) determine what legislative actions may be necessary to promote the establishment of a multiparty, nonracial democracy in Namibia; (2) consider humanitarian assistance to help Angola reconstruct its economy and otherwise recover from the injuries of the civil war; and (3) make recommendations to the President with respect to establishing diplomatic relations with a freely elected government in Luanda and formulate plans to assist such government with economic reforms.
United States · United States Congress · 19 September 1988
Designates October 30, 1988, as Fire Safety at Home Day--Change Your Clock, Change Your Battery.
United States · United States Congress · 16 September 1988
Supports the continuation of settled national policy that unequivocal violations of the Anti-Ballistic Missile Treaty by the Soviet Union, such as the radar at Krasnoyarsk, must be corrected before the conclusion of any future agreement on strategic arms. Urges the President to work with the Congress to develop appropriate response options to such violations.
United States · United States Congress · 13 September 1988
Commission on the American Family and Employment Act of 1988 - Establishes the Commission on the American Family and Employment. Directs the Commission to study: (1) all existing and proposed policies relating to employment benefits provided to American workers, either voluntarily by employers or as required by law; and (2) the potential costs, benefits, and impact on productivity of such policies on employers. Requires the study to include reviews of all pending congressional legislative proposals designed to require: (1) employees to provide workers with additional benefits, including parental and medical leave and minimum health benefits; and (2) the provision of child care services, including Federal funding of child care providers, incentives to employers to provide child care benefits for employees, tax benefits to working parents for child care services, and child tax credits or other tax benefits to families in which a parent may choose to stay at home to provide care for the children. Requires the study to analyze the need for additional child care services, the potential costs of such services, the benefits to be derived from such services, and the impact that proposals for such services would have on domestic productivity. Requires the Commission to report its findings to the Congress within two years after it first meets. Terminates the Commission 30 days after submission of its final report to the Congress.
United States · United States Congress · 7 September 1988
Designates the week beginning November 13, 1988, as National Craniofacial Deformity Awareness Week.
United States · United States Congress · 11 August 1988
Declares that, on the return of Joseph Biden to the Senate after a six-month absence to recuperate from surgery, the Members of the Senate extend their warmest welcome and personal happiness as well as their best wishes for his continued good health.
United States · United States Congress · 10 August 1988
Designates October 2 through October 8, 1988, as National Paralysis Awareness Week.
United States · United States Congress · 10 August 1988
Condemns the Romanian Government's systematic violation of human rights of its citizens. Protests the planned program of destruction of traditional settlements in violation of human rights, minority cultural rights, and property rights. Urges reforms by the Romanian Government to comply with international agreements. Urges continued presidential and Secretary of State action to bring about reforms. Urges the President to make clear to the Romanian Government that restoration of Most Favored Nation status or other favorable trading privileges to Romania should not be considered until a thorough human rights reform is implemented, including substantial improvement in the right of emigration, the rights of national minorities, and freedom of religion.
United States · United States Congress · 10 August 1988
Pays tribute to the friendship between the Republic of Korea and the United States. Supports the choice of Seoul as the host city for the 1988 Summer Olympic Games and commends the Seoul Olympic Organizing Committee for its work. Urges the Democratic People's Republic of Korea to participate in the Games as an important gesture in the reduction of tensions in northeast Asia.
United States · United States Congress · 9 August 1988
Designates November 28 through December 2, 1988, as Vocational-Technical Education Week.
United States · United States Congress · 8 August 1988
Designates the week of September 25, 1988, as Religious Freedom Week.
United States · United States Congress · 5 August 1988
Condemns the Romanian Government's systematic violation of human rights of its citizens. Protests the planned program of destruction of traditional settlements in violation of human rights, minority cultural rights, and property rights. Urges reforms by the Romanian Government to comply with international agreements. Urges continued presidential and Secretary of State action to bring about reforms. Urges the President to make clear to the Romanian Government that restoration of Most Favored Nation status or other favorable trading privileges to Romania will not be considered until a thorough human rights reform is implemented, including substantial improvement in the right of emigration, the rights of national minorities, and freedom of religion.
United States · United States Congress · 4 August 1988
Congressional Pay Accountability Act of 1988 - Amends the Federal Salary Act of 1967 to declare that the presidential recommendations on the rates of pay of Members of Congress shall become effective only after the enactment of a joint resolution that: (1) relates only to the issue of the recommendation to increase such pay rates; and (2) is recorded to reflect the vote of each Member. Amends the Legislative Reorganization Act of 1946 to declare that any increase in the rates of pay of Members which corresponds to an increase in the rates of pay in the General Schedule shall become effective only after enactment of a joint resolution that: (1) relates only to the issue of the increase in such pay rates; and (2) is recorded to reflect the vote of each Member. Prohibits any increase in the rates of pay of Members of Congress without the enactment of a joint resolution as described in this Act.
United States · United States Congress · 3 August 1988
Makes corrections in the enrollment of H.R. 4848 (trade law revisions) as it concerns the domestic demand for ethyl alcohol.
United States · United States Congress · 2 August 1988
Designates October 7, 1988, as National Teacher Appreciation Day.
United States · United States Congress · 1 August 1988
Designates the week of November 6 through November 12, 1988, as National Farm Broadcasters Week.
United States · United States Congress · 29 July 1988
Amends the Internal Revenue Code to permit cooperatives (farmers' cooperatives, cooperative banks, mutual insurance companies, and rural electric and telephone cooperatives) to: (1) elect to treat as ordinary income or loss any gain or loss from the sale or other disposition of any asset used by the organization to facilitate the conduct of business done with or for patrons; and (2) include such gain or loss in net earnings of the organization from business done with or for patrons.
United States · United States Congress · 13 July 1988
Designates the Labor Day Weekend beginning on September 3, 1988, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 12 July 1988
Drought Assistance Act of 1988 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to add a new title VI which may be cited as the "Emergency Livestock Feed Assistance Act of 1988." Directs the Secretary of Agriculture to provide emergency feed assistance in any State, county, or area of a State where disease, weather, or other natural disaster has created a livestock emergency. States that the Governor of a State or a county committee may request the Secretary to make a livestock emergency determination and to provide assistance. Authorizes the Secretary to make such determination on his own initiative. Requires the Secretary to make such determination within 30 days of the request and to notify the requesting party of any proposed action. States that producers in counties eligible for the emergency feed or emergency feed assistance programs in 1988 shall maintain such eligibility and be eligible for assistance under this title. Directs the Secretary to determine such counties' eligibility for assistance under this title. States that an eligible producer may receive assistance as follows: (1) assistance to offset inadequate feed stocks resulting from on-farm feed production losses; and (2) assistance to maintain foundation herds if the producer does not have, and is unable to obtain through normal channels without undue cost, necessary feed stocks. Sets forth the following assistance programs available under this title: (1) Commodity Credit Corporation (CCC) feed donations and reduced price sales; (2) partial reimbursement of feed purchase expenses; and (3) partial reimbursement of transportation and handling costs for such CCC feed, for hay, and for transporting livestock to and from available grazing areas (not to exceed $24 a head). Permits the Secretary to: (1) make in-kind payments; and (2) provide assistance through feed dealers or manufacturers. Authorizes the Secretary to provide the following additional assistance if necessary: (1) CCC feed donations for stranded and unidentified livestock, including transportation costs; (2) water assistance; and (3) CCC catalog commodities in lots appropriate to family farmers. Limits total assistance under this title for each livestock disaster to any one person to $50,000. Subjects each person (including individual members of a cooperative producer association) to the overall payment limitation ($100,000) under this Act. Prohibits a person from receiving assistance under this title for lost feed production due to the 1988 drought to the extent that such person receives production disaster payments under this Act. Subjects persons who misuse such assistance to a civil penalty equal to the market value of the involved feed, and a fine of up to $1,000 or imprisonment for up to one year, or both. Amends the Agricultural Act of 1949 to repeal the Secretary's authority to reduce 1989 milk price supports (50-cents per hundredweight). Title II: Disaster Payment - Provides that, for producers of the 1988 crops of wheat, feed grains, upland cotton, extra long staple cotton, or rice who participated in the production adjustment program under the Agricultural Act of 1949, the Secretary shall make disaster payments to those producers who have suffered at least 35 percent production losses due to the 1988 drought or related condition. States that such payments shall be made at a rate equal to 65 percent of the established price for deficiencies below 65 percent. Exempts such producers from advance deficiency repayments for up to 35 percent of crop losses. Permits eligible producers who had elected not to receive such payments prior to enactment of this Act to change their decision. Provides similar disaster payments to producers who did not participate in such production adjustment program. Bases payments on the basic county loan rate (or comparable price). Provides similar disaster payments to producers of the 1988 crops of peanuts, tobacco, sugar beets, and sugarcane. Bases payments for peanuts and tobacco on the basic county loan rate (or comparable price), and for sugar beets and sugarcane on 1988 price support levels. Provides for prevented planting credit. Sets forth special payment provisions for peanuts, including deficiency payments based on quota and additional peanuts. Provides similar disaster payments to producers of the 1988 soybean and nonprogram crops. Bases payments on a specified percentage of the average market price received in three of the last five years (excluding high and low years). Provides for prevented planting credit. Reduces payments to producers with Federal crop insurance under a specified crop-type determination. Authorizes the Secretary to transfer CCC funds during FY 1988 to the Agricultural Stabilization and Conservation Service to carry out the provisions of this title. Directs the Secretary, within 15 days after enactment of this Act, to announce the terms by which producers may prove their yield on crops harvested for silage or other forage uses. Directs the Secretary to make disaster payments under this title in the form of cash, commodities, or commodity certificates. Limits individuals to $100,000 in disaster payments. Limits a person to $100,000 of combined assistance for crop disaster assistance and livestock disaster assistance. Permits a person to elect which form of assistance to receive. Prohibits a person from receiving disaster payments attributable to 1988 drought-caused crop losses to the extent that such person receives livestock emergency benefits for such lost production under the Agricultural Act of 1949. Title III: General Provisoins - Subtitle A: Commodity Stock Adjustment - Amends the Agricultural Act of 1949 to authorize the Secretary, if an acreage limitation program is in effect for 1989 and 1990, to permit producers to plant soybeans or sunflowers on between ten percent and 35 percent of permitted crop acreage. Expresses the sense of the Congress that the Secretary should provide export assistance for cottonseeds and sunflower seeds if such crop prices are adversely affected by soybean and sunflower plantings under this title. Directs the Secretary to permit producers to designate any portion of their 1989 or 1990 farm acreage base for oats if the feed grain acreage base for such years is less than 12.5 percent. Expresses the sense of the Congress that, with respect to the 1989 and 1990 feed grain crops, if such crops' acreage limitation percentage exceeds 12.5 percent the Secretary should establish the lowest possible oats acreage limitation if market imbalances for barley and oats exist. Provides that, effective for the 1988 marketing year for wheat and feed grains, producers may repay specified commodity loans without additional interest or other specified charges if the producer reserve program trigger level has been met. Provides that, if during the 1988 marketing year the Secretary permits producers to place wheat and feed grains into the producer reserve, no storage payments nor interest forgiveness shall be permitted on such stored commodities during the marketing year. Subtitle B: Disaster Credit and Forbearance - Directs the Secretary to ensure, to the maximum extent practicable, that Farmers Home Administration direct operating loans for 1989 crop production are made available to producers suffering major losses resulting from the 1988 drought or related condition. Directs the Secretary to make available in FY 1989 specified operating loan guarantees, in addition to existing purposes for such guarantees, to refinance and reamoritize 1988 operating debt resulting from major farming or ranching losses resulting from the drought or related condition. Expresses the sense of the Congress that the Secretary should exercise forbearance in debt collection (and encourage similar actions by commercial lenders) and expedited loan restructuring with respect to producers suffering major drought losses. Subtitle C: Conservation and Water Assistance - Provides that with respect to a producer who harvested hay during the 1988 crop year on conservation reserve program acreage, such producer's rental payments shall not be reduced to the extent that he or she shares the cost of carrying out practices designed to enhance soil, water, and wildlife conservation on such land (or in the vicinity of such land) in accordance with a Soil Conservation Service approved plan. Authorizes the Secretary to: (1) undertake water-problem related projects, including research, grants, technical assistance, loans, and extension services; (2) cooperate with other Federal agencies, State or local units, or public or private entities; and (3) accept funds from non-Federal sources to carry out such activities. Authorizes appropriations. Subtitle D: Rural Businesses - Directs the Secretary to make rural industrialization loans or loan guarantees during FY 1989 to assist rural businesses (including cooperatives) adversely affected by the 1988 drought or related condition. Requires any such loan to meet applicable Consolidated Farm and Rural Development Act eligibility requirements. Directs the Secretary, within 90 days of enactment of this Act, to conduct a survey of agriculture-related rural businesses to determine the adverse effects of the 1988 drought and report to the appropriate congressional committees.
United States · United States Congress · 8 July 1988
Amends the Small Business Act to treat droughts as disasters for purposes of the economic injury disaster loan program.
United States · United States Congress · 29 June 1988
Presidential Election Reform Act of 1988 - Amends the Internal Revenue Code to repeal: (1) the Presidential Election Campaign Fund; (2) the Presidential Primary Matching Payment Account; and (3) the authority for individuals to designate sums to the Presidential Election Campaign Fund through income tax returns. Amends the Federal Election Campaign Act of 1971 to repeal dollar limits on expenditures by presidential and vice-presidential candidates (hereinafter referred to as presidential candidates). Limits contributions to presidential candidates or their authorized political committees to $5,000. Prohibits multicandidate political committees from making contributions to presidential candidates or their authorized political committees. Requires corporations, labor organizations, and each national committee of a political party to file a report with the Commission if such entities have engaged in any otherwise exempt activity during the period for which the report is filed. Describes "otherwise exempt activities" as those activities which are exempt from disclosure requirements and which include any act of furnishing or making available services, payments, or other benefits excluded from the definition of contribution or expenditure. Establishes reporting requirements for persons making independent expenditures in presidential elections totaling more than $10,000, and thereafter each time such persons make independent expenditures totaling more than $5,000. Subjects to such reporting requirements the exempt activities of corporations and labor organizations. Sets forth disclosure requirements for independent expenditures for elections through broadcast communications on any radio or television station, including identifying the sponsors of such broadcasts. Provides that an expenditure is not an independent expenditure where the person making an expenditure is in coordination, consultation, or concert with a presidential candidate. Requires such candidate, within 15 days of qualifying for a primary election ballot, to file with the Commission and each other qualifying candidate a declaration stating whether or not such candidate intends to expend funds and incur personal loans for the primary and general election in the aggregate of $250,000 or more from the following sources: (1) personal funds; (2) family funds; and (3) personal loans incurred in connection with the campaign for office. Allows the opponents of such candidate to accept larger contribution amounts from individuals. Requires a presidential candidate who files a declaration of intent not to expend more than $250,000 and who subsequently does exceed such amount to file an amended declaration within 24 hours after exceeding such amount. Prohibits such candidate from making expenditures from personal funds or family funds or from incurring personal loans in connection with the election campaign at any time within 60 days before such election. Prohibits a presidential candidate who makes expenditures from personal funds or family funds to the candidate's campaign committee, or makes a loan from such funds to such committee, from using any other contributions after the election to repay such expenditure or loan.
United States · United States Congress · 29 June 1988
Amends the Internal Revenue Code to apply to livestock used for draft, breeding, dairy, or sporting purposes a special rule that permits a farmer or rancher who sells livestock solely because of drought conditions to elect to defer until the following year the taxation of the resulting income.
United States · United States Congress · 29 June 1988
Designates October 8, 1988, as National Day of Outreach to the Rural Disabled.
United States · United States Congress · 29 June 1988
Declares that all parties seeking a settlement of the conflict in Cambodia, including the United States, should have among their highest priorities the restoration of an independent Cambodia and the protection of the Cambodian people from a return to power by the Khmer Rouge. Calls on Vietnam to withdraw its forces from Cambodia and deny haven to the Khmer Rouge. Declares that the United States and the international community should use all means available to prevent a return to power of Pol Pot. Calls on the President to seek inclusion, in United Nations resolutions relating to Cambodia, of the principle that those responsible for acts of genocide and human rights violations shall not return to power in Cambodia upon the withdrawal of foreign occupation forces. Encourages support of non-Communist Cambodian forces. Declares that the United States, in consultation with the Association of Southeast Asian Nations, should consider whether a Cambodian settlement could be facilitated by an international conference on Cambodia and international peacekeeping forces.
United States · United States Congress · 28 June 1988
Expresses the sense of the Congress: (1) encouraging and supporting the Amateur Radio Service and its emergency communications efforts; and (2) urging Government agencies to avoid actions that would reduce amateur radio frequency allocations used for emergency communications.
United States · United States Congress · 23 June 1988
Hunger Prevention Act of 1988 - Title I: Emergency Hunger Prevention - Subtitle A: Temporary Emergency Food Assistance Program - Amends the Temporary Emergency Food Assistance Act of 1983 to state that the dairy export incentive program and the export sales of dairy products program shall not be operated in a way that will reduce the dairy products available for the temporary emergency food assistance program (TEFAP) or any other domestic feeding program. Directs the Secretary of Agriculture to establish procedures for non-Federal commodity contributions to Federal food assistance programs. Authorizes States and feeding organizations to use TEFAP funds, equipment, and facilities to store, handle, and distribute such commodity contributions. Permits States to use up to three percent of TEFAP funds for food assistance information programs. Directs State and local agencies to continue to use volunteers and donated food stuffs in food distribution programs. Extends TEFAP, including storage and distribution authorizations, through FY 1990. Increases the amount of TEFAP funds for emergency feeding organizations. Extends TEFAP commodity estimate requirements through FY 1990. Directs the Secretary, during each of FY 1989 and 1990, to purchase and makes available for food assistance at least $145,000,000 worth of high protein additional commodities. Establishes a State distribution formula based on 60 percent poverty level and 40 percent unemployment. Authorizes appropriations. Directs States to use TEFAP funds for the costs of distributing additional commodities to emergency feeding organizations, soup kitchens, and other meal sites and charitable organizations. Amends the Food Security Act of 1985 to extend through FY 1991: (1) the dairy export incentive program; and (2) the export sales of dairy products program. Subtitle B: Soup Kitchens and Other Emergency Food Aid - Directs the Secretary, during each of FY 1989 through 1991, to purchase and make available to soup kitchens and other meal sites and charitable organizations $40,000,000 of additional commodities. Establishes a State distribution formula based on 60 percent poverty level and 40 percent unemployment. Authorizes appropriations. Subtitle C: Basic Food Stamp Benefit Levels - Amends the Food Stamp Act of 1977 to increase basic food stamp benefit levels as follows: (1) for the period of January 1, 1989, through September 30, 1989, basic benefits would be set at 79 percent of the Department of Agriculture's low-cost food plan; (2) for FY 1990 at 79.5 percent of such plan; and (3) for post-FY 1990 at 80 percent of such plan. Subtitle D: Commodity Supplemental Food Program - Directs the Commodity Credit Corporation (CCC) to make 7,000,000 pounds of cheese available in each of FY 1989 and 1990 to the commodity supplemental food program. Title II: Nutrition Improvements - Subtitle A: Food Stamp Act of 1977 - Amends the Food Stamp Act of 1977 to prohibit parents living with their minor children from applying for food stamps as a "household" separate from their co-residents (even if meals are purchased and prepared separately). Makes permanent categorical food stamp program (program) eligibility based on eligibility for specified social security programs. Exempts households with an elderly or disabled member from monthly income tests. States that: (1) household 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 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. Provides full program benefits for breaks in certification of 30 days of less. Permits households subject to benefit prorating to receive an aggregate benefit allotment. Extends the scope of program information activities. Amends the Homeless Eligibility Clarification Act to make permanent the authority for homeless persons in shelters to receive food stamps. Subtitle B: Child Nutrition Act of 1966, and National School Lunch Act - Amends the Child Nutrition Act of 1966 to increase the school breakfast program reimbursement rate by three cents per meal. Amends the National School Lunch Act to provide an additional meal or snack to children who attend day care centers which are open more than eight hours a day. Amends the Child Nutrition Act of 1966 to define "homeless individual" for purposes of the special supplemental food program (WIC) as an individual who: (1) lacks a fixed and regular nighttime residence; or (2) has a primary nighttime residence that is a publicly or privately operated temporary shelter, an institution providing temporary residence for persons intended to be institutionalized, temporary accommodation in another individual's residence, or a public or private place not normally used as a sleeping accommodation. Makes homeless individuals eligible for the special supplemental food program. Requires State WIC plans to include homeless outreach programs. Amends the National School Lunch Act to permit public or private nonprofit higher education institutions participating in the National Youth Sports program and certain private nonprofit organizations to participate in the summer food program. Title III: Administrative Improvements and Simplification - Subtitle A: Reducing Unnecessary Paperwork - Amends the Food Stamp Act of 1977 to require State agencies to attempt to conciliate a dispute with a program participant before terminating program benefits. Sets forth specified categories of program ineligibility (income, program violations, status) where such procedure shall not be required. Directs the Secretary, in consultation with the Secretary of Health and Human Services, to assist States to develop simple application forms for food stamps, aid to families with dependent children, and Medicaid. Requires State agencies to provide applicant households with a statement of required program verification. Bars program denial because of the failure of a person outside the household to cooperate in such verification. Requires State plans of operation to provide for opportunities to make reports (in person or by telephone) to food stamp offices. Subtitle B: Assuring Accurate Issuance of Benefits - Requires State agencies to promptly restore improperly denied, terminated, or underissued benefits when a household's loss is discovered through a review procedure. Authorizes State agencies to provide special training to: (1) certifying personnel relating to households that include members who are self-employed or engaged in farming; and (2) personnel working with volunteer or nonprofit organizations that offer program screening or information services. Requires the Secretary to annually publish instructional materials for such certifying personnel. Requires State agencies to provide households with a statement describing the household's reporting responsibilities at the time of each certification and recertification. Subtitle C: Reducing Barriers in rural America - Requires State plans of operation to include a procedure for designating rural project areas with transportation problems as appropriate for certification and coupon issuance by mail. Requires such plans to provide that a community of more than 5,000 persons that is more than 30 miles from its certification office be visited at least twice a month by a certification officer unless such community is otherwise served in a manner that provides reasonable program access. Requires the Secretary to set standards for food stamp office closings or relocations which shall seek to minimize the adverse impact on program access, with special emphasis on the needs of rural areas, the elderly, the disabled, and the homeless. Subtitle D: Eliminating Inequities for Farmers and Others - Continues program benefits to participants who receive pay-outs, including direct cash payments, from other Federal assistance programs. Permits households with self-employed farming income and irregular expenses to annualize income and expenses. Excludes from financial resources farm property (land, equipment, or supplies) for a one-year period after a self-employed farmer ceases farming. Prohibits making a household ineligible for program benefits due to its failure to dispose of a farming asset which would produce no funds in excess of any liens, mortgages, or other security interests, or be contrary to a legal duty. Subtitle E: Reducing Barriers for the Elderly and Disabled - Amends the definition of "disabled person" for program purposes to include the following benefits if such benefits are conditioned on criteria at least as stringent as those used under the Social Security Act: (1) interim supplemental security income-type benefits; (2) disability-related medical assistance under Medicaid; and (3) disability-based State assistance. Provides elderly and disabled persons with a simplified procedure for claiming excess medical deductions. Provides for a coordinated aid to families with dependent children-food stamp application. Title IV: Family Self-Sufficiency - Excludes from being considered as income for food stamp program purposes: (1) advance earned income tax credit payments; and (2) dependent care reimbursements under an employment and training program. Increases such maximum reimbursements from $160 per household per month to $160 per dependent per month. Increases the resource limit on automobiles from $4,500 to: (1) $4,700 in FY 1989; (2) $4,900 in FY 1990; (3) $5,150 in FY 1991; (4) $5,400 in FY 1992; and (5) $5,500 in FY 1993. Includes the following within the definition of "employment and training program": (1) high school or equivalent programs; (2) remedial literacy programs; (3) English-as-a-second-language instructional programs; (4) on-the-job training programs; and (5) job readiness programs. Provides, with regard to such employment and training programs, that: (1) the Secretary shall issue regulations under which State agencies shall establish conciliation procedures; (2) Federal funds shall not be used to supplant non-Federal funds for existing services; (3) State or local funds for such services shall be maintained at not less than FY 1987 levels; (4) transportation costs up to $100 per participant per month shall be covered; (5) the Secretary shall establish State performance standards based on employment and achievement of self-sufficiency; (6) Indian tribal organizations may conduct programs on reservations, with State program amounts of Federal assistance reduced as specified; and (7) the Secretary shall develop and transmit to the appropriate congressional committees incentive payment proposals. Title V: Demonstration Projects - Amends the Child Nutrition Act of 1966 to authorize three-year demonstration project grants in ten States to provide coupons (between ten and 20 dollars' worth) to WIC recipients for use at farmers' markets. Requires at least 30 percent State matching funds. Prohibits the use of funds to construct or operate a farmers' market. Limits the use of funds for administrative costs. Requires: (1) State recipients to make annual reports to the Secretary; and (2) the Secretary to provide the appropriation congressional committees with a project evaluation report within two years after the last grant award. Authorizes FY 1989 through 1991 appropriations. Authorizes the Secretary to carry out food bank commodity distribution projects. Requires the Secretary to submit a program report to the appropriate congressional committees by January 3, 1990. Terminates program authority on September 30, 1991. Authorizes FY 1989 through 1991 appropriations. Directs the Secretary, within 30 days after enactment of this Act but not earlier than October 1, 1988, to conduct a one-State demonstration project to reimburse family or group day care centers for providing an additional meal or supplement in order to determine: (1) if such additional meal or supplement increases child care food program participation; (2) the extent to which meal services increase in such homes; and (3) the nutritional impact of such meals and supplements. Requires the Secretary to submit a report to the appropriate congressional committees. Terminates the project not later than 12 months after its initiation. Title VI: Implementation - Sets forth specified effective dates for provisions of this Act.
United States · United States Congress · 14 June 1988
Designates August 1, 1988, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; (4) convey to U.S. allies the importance of unity regarding such Accords; (5) continue his efforts to achieve, before the end of the Vienna meeting, the release of all political prisoners of the Soviet Union, an increase in Soviet emigration, resolution of all family reunification cases, cessation of all radio transmission jamming, and the repeal of laws and practices which undermine human rights; (6) seek the inclusion, in any concluding document agreed to in Vienna, of a mechanism to sustain human rights progress after the Vienna meeting; and (7) convey to signatory states the insistence of the United States for a result at Vienna that will not favor military security at the expense of human rights.
United States · United States Congress · 14 June 1988
Expresses the sense of the Senate that the President should convene an International Conference on Combatting Illegal Drug Production, Trafficking, and Use in the Western Hemisphere. Specifies that such conference should involve the heads of state and highest-ranking law enforcement officers from governments in the Western Hemisphere and focus on cooperative efforts to combat the drug trade, including efforts to fight drug-related corruption, combat money laundering, and extradite drug traffickers.
United States · United States Congress · 13 June 1988
Ozone Layer Protection Act of 1988 - Directs the President to establish a task force to conduct a comprehensive study to identify steps which can be taken to reduce the emission of ozone-depleting chlorofluorocarbons and halons and prepare a smooth transition to safe substitutes for such substances. Requires the task force to report on the results of such study to the President and the Congress within 30 days of this Act's enactment.
United States · United States Congress · 13 June 1988
Amends the Internal Revenue Code to permit a taxpayer aged 55 or older to qualify for the one-time income tax exclusion of gain from the sale of a principal residence even if physical or mental incapacity has necessitated the taxpayer's leaving the relevant property to be cared for in a health care facility or in a relative's home.
United States · United States Congress · 10 June 1988
Amends the Agricultural Act of 1949, effective for the 1988 through 1990 crop years, to permit producers to plant specified supplemental and alternative income-producing crops on acreage considered to be planted to program crops.
United States · United States Congress · 10 June 1988
Designates October 16, 1988, as World Food Day.
United States · United States Congress · 7 June 1988
Biennial Budget Act of 1988 - Amends the Congressional Budget Act of 1974, including provisions of the Congressional Budget and Impoundment Control Act of 1974, to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable, beginning in the 101st Congress. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases, specifying the year as the odd-numbered year. Changes relevant deadlines as follows to conform the congressional budget process to the biennial scheme: (1) from April 1 to March 31 for the Senate Budget Committee's report on the concurrent resolution on the budget; (2) from June 15 to September 30 for completion of congressional action on reconciliation legislation; and (3) from June 30 to September 30 for completion of congressional action on appropriations bills. Devotes each second session to authorization activity, subject to deadlines of: (1) May 15 for the submission of the Congressional Budget Office (CBO) report to the Budget Committees; and (2) the last day of the session for completion of congressional action on bills and resolutions authorizing new budget authority for the next biennium. Changes from January 15 to February 15 of each year the date by which the CBO Director must submit to the Congress a report on authorizations. Applies current law with respect to each year in the biennium in connection with: (1) CBO duties; (2) committee allocations, including restrictions on points of order; (3) the requirement prohibiting consideration of legislation providing new budget authority, spending authority, or changes in revenues or of the public debt limit prior to agreement on the concurrent budget resolution; (4) revisions of budget resolutions; and (5) procedures for consideration of budget resolutions. Requires in connection with all regular appropriations bills providing new budget authority for the biennium beginning on October 1 of any odd numbered year, that: (1) the Committee on Appropriations of the House of Representatives report to the House by June 10 of that odd-numbered year; (2) the House of Representatives pass all such bills by June 15; (3) the Committee on Appropriations of the Senate report to the Senate by June 30; (4) the Senate pass all such bills by July 31; and (5) the Congress complete action on all such bills by September 30. Requires the Director of the CBO to issue four-year projections of congressional budget action. (Current projections are on a five-year basis.) Amends provisions relating to the reconciliation process to: (1) increase from 20 hours to 100 hours the time of debate permitted in the Senate with respect to reconciliation measures; and and (2) make it out of order in both the House and the Senate to consider any reconciliation legislation changing any provision of law other than one relating to new budget or spending authority, revenues, or the amount of the public debt limit. Conforms to the biennial budget framework provisions concerning: (1) agreement of new budget authority, new spending authority, and revenue legislation with appropriate levels specified in the concurrent budget resolution; and (2) parallel agreement in connection with legislation providing entitlement authority. Revises the extent of projections to be included in CBO analyses of reported bills. Mandates that various committee reports required in connection with the concurrent budget resolution or certain bills affecting budget or spending authority or budget outlays, as well as CBO summaries and projections of congressional budget actions, contain tables corresponding to those set forth in the table of appropriation and fund accounts contained in the President's budget. Requires certain of the reports to include, in addition, estimates of budget and spending authority that will become available without congressional action, and resulting outlay estimates. Amends Federal law to require the President's budget for the biennium beginning October 1, 1989, to be set forth in the same accounts as those set forth in the table titled "The Federal Program by Agency and Account" in the budget submitted for FY 1989. Requires the President to consult with committees having jurisdiction over programs affected by proposed changes before any changes may be made in the budget tables. (Current law requiring consultation with the Budget and Appropriations Committees remains unchanged.) Conforms provisions governing the President's budget, including maximum deficit amount requirements, to the biennial framework. Changes the due date for the President's report on estimated budget outlays and proposed budget authority, making the report due at the same time as the President's budget. Requires the Joint Economic Committee to submit its evaluation of these estimates by February 25 of each odd-numbered year. (The current annual deadline is March 1). Amends Federal law to conform to the biennial framework provisions relating to: (1) year-ahead requests for authorizing legislation; (2) budget information on consulting services; and (3) the title and style of appropriations Acts. Directs the heads of Federal executive agencies, as well as congressional agencies, to provide studies, analyses, reports, and other documentation concerning program administration to assist the standing committees of the House and the Senate having jurisdiction over the programs in question. Amends the Rules of the House of Representatives to conform to the biennial framework. Makes appropriations to continue projects and activities provided for under any regular appropriations Act not enacted by the beginning of a budget period at a rate of operations not exceeding the rate provided for the project or activity in the preceding budget period. Makes these continuing appropriations available until the earlier of the day after all regular appropriations bills for the budget period are enacted or the last day of the budget period.
United States · United States Congress · 7 June 1988
Designates July 20, 1988, as Space Exploration Day.
United States · United States Congress · 6 June 1988
Amends the Federal Home Loan Mortgage Corporation Act to remove the ownership restrictions placed on nonvoting preferred stock of the Federal Home Loan Mortgage Corporation.
United States · United States Congress · 27 May 1988
Postal Service Budgetary Treatment Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Makes the U.S. Postal Service an off-budget Federal entity.
United States · United States Congress · 27 May 1988
Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty where any person: (1) engaging in a continuing criminal enterprise intentionally, or with reckless indifference to human life, kills or participates in the killing of any individual; or (2) intentionally, or with reckless indifference to human life, kills or participates in the killing of a law enforcement officer during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution, or service of a prison term for a felony violation of such Act. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. States that a sentence of death shall not be imposed upon any person: (1) who was under 18 years of age at the time the crime was committed; or (2) who, by reason of mental disease or defect, is unable to understand their impending death or its reasons. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors to be considered by the jury or the court: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for controlled substances Act violations; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Requires each juror to return a signed certificate stating that race, color, national origin, creed, and the sex of the defendant were not considerations in determining the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 27 May 1988
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that primary emphasis of development activities to restore the renewable natural resource base shall be on small-scale, affordable, low-risk local projects featuring close consultation with, and involvement of, local people at all stages of project design and implementation. Requires the President to submit the plan to the Congress by July 1, 1989. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1989, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1989, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
United States · United States Congress · 27 May 1988
Designates September 16, 1988, as National POW/MIA Recognition Day.