United States · United States Congress · 3 January 1989
Title I: Water Resources Authority of the Geological Survey - Geological Survey Water Resources Organic Act - Authorizes the Secretary of the Interior, acting through the Geological Survey, to undertake research, investigations, appraisals, surveys, and related activities regarding the Nation's water resources. Authorizes the Secretary to cooperate with other government agencies and to perform such activities on a reimbursable basis, as specified. Authorizes appropriations for FY 1990 through 1992. Title II: Ground Water Research - National Ground Water Research Act of 1989 - Directs the President to coordinate groundwater related activities conducted by Federal agencies. Requires the President to assist States in the conduct of such activities, including disseminating information. Directs the President to establish an Interagency Ground Water Research Committee to coordinate research, development, demonstration, technology transfer, training, and information dissemination activities related to groundwater conducted by the Federal agencies, including establishing priorities. Directs the Secretary of the Interior to prepare a report assessing groundwater quality and quantity information systems and data collection and monitoring. Requires the Secretary to submit such report to the Congress with biennial updates. Directs the Secretary to conduct a national groundwater assessment program to assist State and local governments in managing groundwater resources and designing monitoring programs, including recommending protocols to assist such governments in meeting their data collection responsibilities under specified Federal environmental statutes. Directs the Administrator of the Environmental Protection Agency (EPA) to establish and coordinate a research, development, and demonstration program for the protection and management of groundwater resources, including surveys, the development of cost-effective prevention, detection, and mitigation techniques, and the provision of technical assistance. Sets forth demonstration project selection criteria and procedures, based upon the seriousness of the contaminant addressed and a project's applicability to other locations and circumstances. Requires that such project be monitored and evaluated by the Administrator. Authorizes the Administrator to pay the costs of such evaluation, but limits Federal cost sharing for the project in general. Directs the Administrator to conduct and publish a risk assessment analysis for significant groundwater contaminants according to a standard format and prescribed schedule. Directs the Secretary and the Administrator each to establish a technical assistance program to serve other Federal and governmental agencies, including conducting research, surveys, training, and technology transfer. Directs the Secretary to establish and maintain a National Groundwater Information Clearinghouse. Directs the Administrator to establish a media-specific research committee for groundwater resources. Directs the Science Advisory Board established by the Environmental Research, Development, and Demonstration Act of 1978 to review and report to the Congress on EPA's groundwater research programs. Authorizes the Administrator to establish and maintain research fellowships. Directs the Administrator to make grants for groundwater research institutes which are to be located in areas making significant use of groundwater. Requires that funds be equitably distributed throughout the United States and that one of the institutes be the National Center for Ground Water Research, a consortium between Oklahoma, Oklahoma State, and Rice Universities. Limits the Federal share to 50 percent of costs and earmarks funds for technology transfer. Requires the Administrator to review and evaluate such institutes and subjects the institute's research to peer review. Directs the Secretary and the Secretary of the Army to consider the impact on groundwater when evaluating new water resource projects. Authorizes modifications in existing projects to protect groundwater. Requires the Administrator, in cooperation with New Jersey and relevant local governments, to study and report on: (1) the feasibility of removing volatile groundwater contaminants in the New Jersey coastal plain by induced air phase transport; and (2) the problem of trace metal leaching by corrosive groundwater in such coastal plain. Directs the Administrator, in cooperation with California and relevant local agencies, to study and report on the feasibility of groundwater replenishment with treated wastewater and of the potential of groundwater contamination through exfiltration of sewage from sewer systems of publicly owned treatment works. Directs the Administrator, in cooperation with New York State and relevant local governments, to study and report on the pollution of the Buffalo River by contaminated groundwater in Erie County. Directs the Administrator, in cooperation with the Secretary of the Army, to conduct a research and demonstration program at the Lake Okeechobee ecosystem, Florida, on the relationship between ground and surface water quality and the management and control of aquatic plants. Requires that methods developed be adaptable to other circumstances and be made available to State and local governments. Requires the solicitation of information from other sources, such as scientists and management personnel. Requires the Administrator and the Secretary each to report to the Congress on such program and demonstration project, authorizing other Federal agencies to utilize such report. Authorizes appropriations. Directs the President to report annually to the Congress on groundwater generally and groundwater programs conducted pursuant to this Act. Authorizes appropriations for FY 1989 through 1991. Title III: Agricultural Production and Water Use - Agricultural Ground Water Management Act of 1989 - Directs the Secretary of Agriculture to investigate and report to the Congress on the relationship between agricultural practices and water use and quality, including current and projected status and efforts. Requires the Administrator and the Secretary to conduct a joint study of the impact on groundwater and agricultural interests of proposals to dredge from the Hudson River sediments which contain PCBs and dispose of such sediments on land. Directs the Secretary to establish an Agricultural Nitrogen Best Management Practices Task Force to report to the Secretary and the Congress on agricultural best management practices, systems, and technologies for reducing or mitigating any negative effects of agricultural nitrogen on water quality. Authorizes appropriations for three fiscal years. Title IV: Ground Water Radium Contamination - Authorizes the Administrator to assist local governments in demonstrating mitigation of radium contamination in groundwater where such groundwater is used as a source of public drinking water in small communities and the contamination exceeds the level established under the Safe Drinking Water Act. Authorizes appropriations for FY 1990 through 1992 for such program.
United States · United States Congress · 3 January 1989
Federal Employees' Political Activities Act of 1989 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1989
Enterprise Zone Improvements Act of 1989 - Title I: Housing and Community Development Provisions - Amends the Housing and Community Development Act of 1987 to require each Federal agency that provides special assistance to enterprise zones or that waives or modifies rules within such zones to report to the Congress and to the Secretary of Housing and Urban Development identifying its actions. Broadens the scope of funding sources for State and local government actions required in connection with tax relief and regulatory simplification in enterprise zones. Directs Federal agencies to seek to provide special assistance to enterprise zones, including expedited processing, priority funding, program set-asides, and technical assistance. Authorizes all Federal agencies to waive or modify rules within enterprise zones. (Under current law, only the Secretary of Housing and Urban Development and, in some cases, the Secretary of Agriculture may do so.) Adds the promotion of affordable housing and law enforcement as objectives justifying waiver or modification of Federal agency rules in an enterprise zone. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the credit amount at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of enterprise zone property if, within one year after the sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within a zone). Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Treats any gain from the disposition of the stock as ordinary income. Subtitle E: Rules Relating to Private Activity Bonds - Declares that: (1) limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property; and (2) the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone business that become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 percent to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary to issue regulations to carry out the provisions of this Act not later than six months after enactment. Title III: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones.
United States · United States Congress · 3 January 1989
Amends the Federal Election Campaign Act of 1971 to remove the authority for certain Members of Congress to use excess campaign funds for personal purposes.
United States · United States Congress · 3 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 3 January 1989
Family Education Assistance Act of 1989 - Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account.
United States · United States Congress · 3 January 1989
Repeals estate tax provisions of the Internal Revenue Code with respect to inclusion in the gross estate of the value of certain types of transfers with a retained life estate. Applies the repeal retroactively in connection with property transferred after December 17, 1987.
United States · United States Congress · 3 January 1989
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
United States · United States Congress · 3 January 1989
Constitutional Amendment - Requires a two-thirds vote of both Houses of the Congress to pass any concurrent resolution on the budget which carries a deficit.
United States · United States Congress · 3 January 1989
Establishes the Joint Committee on Intelligence. Declares that such committee has exclusive legislative jurisdiction with respect to any intelligence activity of the Federal Government and authorizations for appropriations for specified agencies and intelligence-related activities. Directs the joint committee to classify its information and records and to establish guidelines for their maintenance, use, and availability. Sets forth procedures for the disclosure of such information. Directs the joint committee to establish and carry out rules and procedures necessary to prevent the unauthorized disclosure of information. Makes conforming amendments to the National Security Act of 1947 and the Rules of the House of Representatives, including abolishing the Permanent Select Committee on Intelligence.
United States · United States Congress · 3 January 1989
Amends rule XXI of the Rules of the House of Representatives to prohibit consideration of bills or resolutions making appropriations under the jurisdiction of more than one subcommittee of the Appropriations Committee for periods after November 30 of a fiscal year, unless three-fifths of the House votes to waive or suspend this provision.
United States · United States Congress · 3 January 1989
Establishes in the House of Representatives the Select Committee on Children, Youth, and Families to conduct a comprehensive study and review of the problems of children, youth, and families.
United States · United States Congress · 3 January 1989
Amends rule XXIV and rule I of the Rules of the House of Representatives to require the rendering of the Pledge of Allegiance in the House at the start of each legislative day.
United States · United States Congress · 3 January 1989
Amends rule XV of the House of Representatives to require a recorded vote on final passage of legislation that makes appropriations, provides revenue, adjusts the pay of Members of Congress, or increases the statutory debt limit.
United States · United States Congress · 20 October 1988
Bicentennial House Restoration Amendments of 1988 - Amends rule I of the Rules of the House of Representatives to direct the Speaker of the House, immediately after the reading of a veto message and without intervening motion or business, to state the question on reconsideration of the vetoed measure. Directs the Speaker to provide for the visual coverage of House proceedings on a uniform basis throughout each day's session. Allows such coverage to include periodic views of the entire Chamber, provided that it is uniform throughout the day and does not detract from the visual coverage of any one person who is speaking. Requires the Speaker to announce a legislative program at the beginning of each congressional session which includes: (1) target dates for the consideration of specified major budgetary, authorization, and appropriation bills; (2) an indication of those weeks during which the House will be in session; (3) those weeks set aside for district work periods; and (4) the target date for the adjournment of that session. Amends rule X to require each standing committee, not later than March 1 in the first session of a Congress, to adopt its oversight plans in a meeting open to the public. Declares that it will not be in order to consider any committee expense resolution for any committee that has not submitted its oversight plans. Requires the committees to submit such plans to the Committee on House Administration, which shall, not later than March 15 in the first session of a Congress, report such plans to the House with recommendations. Authorizes the Speaker of the House to appoint special ad hoc oversight committees to review specific matters within the jurisdiction of two or more committees. Amends rule XI to require each committee to include in its biennial report to the House a separate section summarizing its legislative and oversight activities during that Congress. Directs the Speaker of the House to initially refer each bill, resolution, or other matter to one committee of principal jurisdiction. Eliminates the Speaker's authority to refer any such matter initially to two or more committees for concurrent consideration. Amends rule X to require standing committees to be elected by the House within seven legislative days (currently, seven calendar days) after the commencement of a Congress. Requires standing committees to hold organizational meetings not later than three legislative days after election. Requires the membership of each committee (except the Committee on Standards of Official Conduct), select committee, and conference committee (and each subcommittee, task force, or subunit thereof) to reflect the ratio of majority to minority Members. Provides that such ratio be reflected for standing committees at the beginning of each Congress, and for select and conference committees at the time of appointment. Prohibits any standing committee from establishing more than six subcommittees, and any Member serving at any one time on more than four subcommittee's. Defines "subcommittee" as any subunit of a standing committee established for a period of more than six months. Prohibits the vote by any member of any committee or subcommittee from being cast by proxy. Amends rule XI to require open committee meetings unless disclosure of matters to be considered would endanger national security, tend to defame, degrade or incriminate any person or otherwise violate any law or rule of the House, or involve committee personnel. Provides that a majority of members of each committee or subcommittee shall constitute a quorum for the transaction of any business. Requires committee rollcall votes on a motion to report any bill or resolution of a public character to include the names of Members voting for, against, and by proxy. Requires each nonrecord vote to include the names of those Members actually present at the time the bill or resolution is ordered reported. Prohibits Rules Committee reports from being considered on the subsequent calendar day of the same legislative day. Prohibits the Rules Committee from reporting any order of business resolution which prohibits a motion to recommit, including instructions in the form of an amendment. Prohibits the consideration of any resolution reported from the Committee on Rules providing for the consideration of any bill or joint resolution which limits the right of Members to offer germane amendments unless the chairman of the Committee has announced in advance that less than an open amendment process might be recommended by the Committee. Prohibits the consideration of any order of business resolution reported from the Committee on Rules which provides that, upon the adoption of such resolution, the House shall be considered to have automatically adopted a motion, amendment, or resolution, or to have passed a bill, joint resolution, or conference report, unless the consideration of such order of business resolution is agreed to by not less than two-thirds of the Members voting, and the yeas and nays shall be considered as ordered. Prohibits the consideration of any budget waiver resolution reported by the Committee on Rules unless an explanatory statement accompanies such resolution. Prohibits the House from considering any primary expense resolution until the Committee on House Administration has reported and the House has adopted a resolution establishing the committee staff personnel ceiling for the year. Requires such committee to specify in any primary or supplemental expense resolution the number of staff positions authorized therein. Authorizes the House to consider any supplemental expense resolution in excess of such ceiling by a vote of two-thirds of the Members present. Prohibits the overall staff ceiling of the 101st Congress from exceeding 90 percent of the total committee staff personnel employed at the end of the 100th Congress. Amends rule XV to require an automatic rollcall vote on any bill or joint resolution making appropriations, providing revenue, or adjusting the rate of pay of Members, or on final adoption of any concurrent resolution on the budget which provides an increase in the statutory debt limit. Amends rule XXI to establish procedures for the consideration of any bill or joint resolution making continuing appropriations for a period of 30 days or less. Establishes limitations for the consideration of reconciliation bills. Requires bills or resolutions which authorize the enactment of new budget authority to be reported on or before the May 15 preceding the fiscal year to which such authority applies. Amends rule XXIV to include the Pledge of Allegiance in the daily order of business. Amends rule XXVII to establish new procedures for the consideration of motions to suspend the rules. Prohibits such motion if the measure or matter would enact new budget or spending authority in excess of a specified amount. Requires the printing in the Congressional Record, and weekly update thereafter, of a motion to discharge a committee from consideration of a bill or resolution when 100 Members have signed such motion. Amends rule XXXVIII to grant a House conferee three calendar days in which to file supplemental, minority, or additional views. Establishes procedures for the consideration of legislation granting the President special rescission authority with respect to any budget authority for which an authorization has not been enacted. Provides for applying certain labor laws to the House. Directs the Committee on Rules to report to the House by December 31, 1989, on realigning the jurisdictions of House committees.
United States · United States Congress · 26 September 1988
Expresses the sense of the House of Representatives that: (1) the provisions of the Omnibus Drug Initiative Act of 1988 amending the formula for allocating funds to State and local governments for drug control activities should not be enacted; and (2) the current allocation formula under the Omnibus Crime Control and Safe Streets Act of 1968 should be maintained.
United States · United States Congress · 23 September 1988
Juan Bautista de Anza National Historic Trail Act - Amends the National Trails System Act of 1968 to include the Juan Bautista de Anza National Historic Trail, extending from Nogales, Arizona, to San Francisco, California, as a part of the System. Authorizes appropriations.
United States · United States Congress · 13 September 1988
Omnibus National Parks and Public Lands Act of 1988 - Title I: Public Lands - Authorizes the Secretary of the Interior (Secretary) to take necessary actions to exchange specified lands with Phillips County, Montana, if the Secretary determines such exchange to be in the public interest. Disclaims any intent to enlarge or diminish the responsibility of any party under State or Federal law for proper management of such lands or for management or actions related to hazardous substances or materials located on such lands. Requires the Secretary to advise appropriate Federal, State, and county officials, prior to consummating the exchange, of any information the Secretary has concerning hazardous substances or materials located on such lands. Directs the Secretary to: (1) resurvey and prepare a new plat for the townsite of Veteran, Wyoming, to take into account the actual use of streets and alleys on such lands for designation as public reservations; and (2) patent such reservation lands to Goshen County. Provides for an exchange of forest lands between Farmington City, Utah, and the Secretary of Agriculture. Directs the the Secretary of Agriculture, within three years of the date of enactment of this Act, to identify city or State lands which are suitable for transfer to the United States for national forest purposes. Specifies that any such lands exchanged shall be of equal value (as determined by the Secretary of Agriculture) or equalized by payment to or by the Secretary of Agriculture, as long as the payment does not exceed 25 percent of the total value of the lands transferred out of Federal ownership. Authorizes the Secretary of Agriculture, in lieu of such an exchange, to transfer by sale for fair market value such Federal lands to the city or State of Utah, as appropriate. Withdraws all public lands within Kanab City, Utah, from all forms of entry and appropriation under the public lands laws, including the mining laws, and from operation of the mineral and geothermal leasing laws. Terminates such withdrawal five years after the date of the enactment of this Act. Directs the Secretary of the Interior to determine which public lands withdrawn meet the disposal criteria specified in the Federal Land Policy and Management Act of 1976 and to notify Kanab City concerning such determination. Grants Kanab City, for the four-year period beginning on the date of enactment, the exclusive right to purchase any such withdrawn lands that the Secretary has determined to be suitable for disposal. Provides for the public sale of such lands after the expiration of such period, but gives Kanab City the opportunity to meet the high bid offered by any other party. Specifies that all such sales of public lands shall be for fair market value and subject to valid existing rights, as well as subject to any conditions to (or any patent issued in consequence of) such sale as the Secretary determines necessary or appropriate. Authorizes the Secretary to release and quitclaim to the city of Riverdale, Utah, for fair market value all right, title, and interest of the United States in specified property, provided that the city requests such action within one year after the enactment of this Act. Provides that all funds received by the United States shall be credited to the Land and Water Conservation Fund of the Treasury and shall be available for expenditure under the Land and Water Conservation Fund Act of 1965. Directs the Secretary to: (1) conduct a study to determine the feasibility and desirability of protecting and preserving lands and resources associated with the western terminus of the Oregon Trail in Oregon City, Oregon; (2) consult with interested Federal agencies and State and local bodies; (3) coordinate the study with applicable outdoor recreation plans and related plans for the preservation of historic and natural resources in the area; and (4) report his or her findings and recommendations to specified congressional committees. Authorizes appropriations. Directs the Secretary to convey specified lands to the Catholic Diocese of Reno/Las Vegas, Nevada, for administrative cost. Reserves a right-of-way and construction easement to the United States. Directs the Secretary to: (1) conduct a study to determine the feasibility of protecting and preserving certain cultural, historic, and natural resources associated with the coal mining heritage of southern West Virginia; (2) consult with interested Federal agencies, State and local government authorities, and nonprofit organizations; and (3) report to specified congressional committees. Specifies the area to be studied. Authorizes appropriations. Authorizes the Secretary of the Interior to permit entry on desert lands which are part of scenic easement areas of the Dinosaur National Monument, Utah, to certain applicants who convey certain scenic easements to the United States. Michigan Public Lands Improvement Act of 1988 - Grants to the State of Michigan the right, title, and interest of the United States in and to certain public uplands and islands in Michigan waters which were not subject to any claim on January 1, 1988. Allows the Secretary of the Interior to sell certain other lands which were subject to a claim identified on the records of the Bureau of Land Management as of that date to the claimants following resolution on conflicting claims. Deems title to public lands which, on the date of enactment of this Act, was subject to leases issued to the State of Michigan under the Recreation and Public Purposes Act to have vested in the State and to be exempt from Department of the Interior regulations governing leases under such Act. Allows the State to receive, under this Act, lands previously patented to the State under such Act by notifying the Secretary that it intends to relinquish such lands to the United States. Requires the Secretary to transfer such lands back to the State subject to the provisions of this Act, effective simultaneously with the States relinquishment of such lands. Authorizes the Secretary to sell and issue a patent to a tract of public land located in Michigan where the Secretary determines that: (1) such tract does not exceed 1,500 acres and is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another Federal department or agency; and (2) such sale would not be inconsistent with land use plans developed in accordance with the Federal Land Policy and Management Act of 1976. Allows the Secretary, following adjudication of any claims, to convey such land at fair market value, less equities presented by an applicant for such conveyance (such as the amount paid for the land, longevity of the applicant's claim, and taxes paid on the land) and less the value of any improvements. Provides for the description of tracts of such land conveyed on the approved Federal plat of survey. Authorizes the Secretary to either: (1) convey title to a qualified trustee, where a tract does not conform to an existing survey plat, in order to conform the legal description to such plat; or (2) require the applicant to reimburse the United States for the cost of preparing a plat of survey. Prohibits the sale of such lands unless the Secretary, before 30 days prior to such sale, publishes notice in a newspaper of general circulation in the county where the tract is located. Reserves to the United States all mineral rights in the lands transferred under this Act. Prohibits the conveyance or transfer of such lands by Michigan to any person or entity other than a political subdivision of the State. Authorizes the use of such lands only for purposes of public recreation or protection of fish, wildlife, plants, or other natural resources and values. Directs the Secretary to take steps to notify Michigan residents of the uplands and islands to be granted or otherwise transferred to the State. Requires Michigan to notify the Secretary with regard to any grant or transfer or conveyance of such lands by the State to a political subdivision. Requires the State to submit to the Secretary a report within five years of enactment of this Act, and every five years thereafter, as to the present ownership, management, and use of the lands granted or otherwise transferred. Sets forth enforcement procedures. Declares that nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife in any lands granted to or transferred to the State under this Act. Makes a private land survey conducted in 1955 the legal boundary survey for specified lands in Riverside, County, California. Provides for the reinstatement of the canceled entry of William A. Wright to certain lands in Lamar County, Alabama. Waives the 160-acre limitation on conveyances under the Color-of-Title Act for any claim for a patent that may be filed under such Act for a specified parcel of land in Sumter County, Alabama. Declares that the Southern Pacific Transportation Company has abandoned certain real property situated in Alameda County, California, forming a part of the right-of-way granted by the United States to the Central Pacific Railway Company. Retains all Federal right, title, and interest in such property for management by the Secretary of the Interior as a public recreational trail, and for other recreational purposes compatible with trail use. Exempts specified property embraced within a certain public highway from such Federal interest. Reserves to the United States all oil, coal, or other minerals in such property, including prospecting, mining, and removal rights. Restricts to public highway and related uses under California law that portion of the property embraced within a certain public highway. States that all rights and interests revert back to the United States if: (1) any portion of such property is used for purposes unauthorized by this Act; or (2) if an attempt is made to transfer ownership of such property to any party other than the State of California. Mandates that lands within the Toiyabe National Forest (California) which have been used for purposes of the U.S. Marine Corps Mountain Corps Mountain Warfare Training Center be retained as part of such National Forest. Directs the Secretary of Agriculture to continue to make such lands available to the Marine Corps for such training center. Directs that such lands be open to public recreation and other uses consistent with the primary purpose of the Mountain Warfare Training Center. Directs the Secretary of the Interior, subject to valid existing rights, to transfer specified lands to Clark County, Nevada, for use as a mobile home park for low-income senior citizens. Reserves mineral rights and the right of reversion to the United States. Directs the Secretary to take such actions as appropriate to: (1) reserve rights-of-way and easements for road, public utility, and flood control purposes; and (2) protect the public interest. Transfers specified public lands in Nevada to the Secretary of Agriculture for inclusion in the Toiyabe or the Inyo National Forest. Transfers specified national forest lands to the Secretary of the Interior. Requires lands designed for inclusion in such Forests to be managed so as not to impair their suitability for wilderness designation. Excludes such additional national forest lands from calculations for interstate (California and Nevada) but not intrastate (Nevada) distribution of the Twenty-Five Percent Fund. Authorizes the Secretary to transfer land known as Wilbur Square to Boulder City, Nevada. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to authorize the Secretary of the Interior to allow the temporary use for specified military purposes of certain public lands in Alaska for up to three years. Limits the use of public lands to areas where such use would not be inconsistent with the plans prepared pursuant to the FLPMA. Makes the using department responsible for any necessary cleanup and decontamination of the lands used and for any other terms and conditions which the Secretary may impose to minimize adverse impacts on the resources and values of such lands. Provides for notification of the public where public safety may require closure to public use of any portion of such lands. Recreation and Public Purposes Amendment Act of 1988 - Allows the Secretary of the Interior to convey lands which may be used by the applicant for the disposal of solid wastes or hazardous substances only if: (1) the Secretary determines that no hazardous substance is present on such land; (2) the applicant furnishes evidence that a copy of the application and information concerning the proposed use of such land has been provided to the Environmental Protection Agency and certain other State and Federal agencies; (3) the applicant gives a warranty that use of such land will be consistent with applicable State and Federal laws and that the applicant will hold the United States harmless from any liability; and (4) the applicant demonstrates that the land meets applicable State and local requirements and needs for solid waste or hazardous substance disposal. Provides for a limited reverter which shall become permanent unless the lands have been used for the purposes specified in the application within five years after the date of conveyance. Requires any party who has transferred ownership of any conveyed lands not used for such specified purposes to pay to the Secretary fair market value for such lands. Provides that no lands covered by an issued patent shall revert to the United States if such lands have been used for the disposal of solid waste or hazardous substances. Authorizes the Secretary, with respect to lands conveyed prior to enactment of this Act, to renounce the United States' reversionary interests in such lands upon finding that lands have been used for the disposal of solid waste or hazardous substances. Authorizes the Secretary, with respect to lands leased prior to enactment of this Act, to convey in fee such leased lands without any provision for reversion to the United States upon finding that such lands have been used for the disposal of solid waste or hazardous substances. Establishes the San Pedro Riparian National Conservation Area, Arizona. Directs the Secretary of the Interior to develop, within two years, a comprehensive management plan for such area to protect the natural riparian, wildlife, cultural, and recreational resources. Prohibits the issuing of new grazing permits for such area for 15 years. Directs the Secretary to establish a San Pedro Riparian National Conservation Area Advisory Committee. Permits the Secretary to acquire land interests within the Area. Requires the Secretary to report within five years, and every ten years thereafter, to the House Interior and Insular Affairs Committee and the Senate Energy and Natural Resources Committee on the implementation of this Act. Authorizes appropriations. Title II: Rivers and Trails - Amends the Wild and Scenic Rivers Act to designate Wildcat River, New Hampshire, as a component of the National Wild and Scenic Rivers System. Directs the Secretary of Agriculture to establish a Wildcat River Advisory Commission to assist in implementing this Act. Terminates such commission ten years after enactment of this Act. Authorizes appropriations. Directs the Secretary of the Interior to permit access across the Buffalo National Park, Arkansas, to certain owners of privately owned lands (as of September 1, 1987) outside the park on an annual basis. Amends the National Trails System Act to provide for a study of the Coronado Trail, the route taken by the Spanish explorer through Arizona, New Mexico, Texas, Oklahoma, and Kansas, for inclusion in such System. Requires the Secretary of the Interior to prepare a comprehensive river conservation study for a specified segment of the Columbia River, Washington. Requires the study to identify and evaluate the outstanding features of the river segment, including fish and wildlife, scenic, recreational, natural, historical, and cultural values, and examine alternatives for their preservation. Requires the Secretary to consult with State, local, and tribal governments with respect to the study and to provide for public comment. Prohibits any Federal agency, for a period of eight years after enactment of this Act, from constructing any dam, channel, or related navigation project on the river segment. Authorizes appropriations. Title III: National Park System - Designates certain lands within the Congaree Swamp National Monument, South Carolina, as the Congaree Swamp National Monument Wilderness. Designates certain other lands within the Monument as potential wilderness additions. Increases the acreage of the Monument to include an area known as the "Citizens Boundary Proposal for Congaree Swamp National Monument." Provides additional funds for the acquisition of additional lands for such Monument. Authorizes appropriations for construction and development within the Monument. Establishes the Zuni-Cibola National Historical Park in New Mexico. Authorizes the Secretary of the Interior to accept a leasehold interest in trust lands of the Zuni Indian Reservation which are necessary for the establishment of such park. Provides for the management of the park by the Secretary. Authorizes the Secretary to accept concurrent jurisdiction from the Zuni Tribe with respect to law enforcement within the park. Exempts all enrolled members of the Tribe from the payment of park admission fees. Authorizes the Secretary to enter into cooperative agreements with the Tribe for the purpose of providing training to Zuni members in the management and preservation of historical properties and needed public services on the Reservation. Directs the Secretary to give employment preference to tribal members with respect to park management. Sets forth requirements with respect to Federal agency activities affecting the park. Establishes the Zuni-Cibola National Historical Park Advisory Commission within the Department of the Interior. Provides that such Commission shall advise the Director of the National Park Service in the planning, management, and administration of the park. Authorizes the Commission to employ an administrative director. Directs the Secretary to develop and transmit a park management plan to the House Committee on Interior and Insular Affairs, the Senate Committee on Energy and Natural Resources, and the Senate Select Committee on Indian Affairs. Authorizes the Secretary to close the park to the public when tribal religious activities are scheduled. Includes the Zuni-Cibola National Historical Park as an area to be accessed by the Masau Trail. Authorizes appropriations. Establishes the Mississippi National River and Recreation Area along the Mississippi River in the St. Paul-Minneapolis Metropolitan Area, Minnesota. Establishes the Mississippi River Coordinating Commission to assist Government authorities in developing and implementing a management plan for such lands and waters. Requires the Commission to submit a plan, within three years, to the Governor of Minnesota and the Secretary of the Interior for review and approval. Requires the Secretary to monitor such Area in the interim. Terminates the Commission after ten years. Authorizes the State, following the termination, to establish a State Commission to take over such Commission's functions. Transfers Federal property within the Area to the Secretary, except for Army Engineer facilities for navigation and other buildings or structures currently in use. Requires Federal entities to notify and receive the approval of the Secretary before engaging in any activities in or affecting such Area. Authorizes the Secretary to acquire land and interests in such Area, as specified. Requires the Secretary to review local plans and ordinances and their enforcement to assure conformance to the plan. Permits the Secretary to acquire lands without the owner's consent after appropriate notice and opportunity to cure a nonconforming plan or ordinance. Permits owners of acquired improved residential property to retain the right to residential use for 25 years or the owner's death. Sets forth other terms and conditions for such use. Authorizes the Secretary to make grants for land acquisition and to provide technical assistance for programs. Authorizes appropriations. Directs the Secretaries of the Army and the Interior to appoint representatives to a Tri-Rivers Management Board to coordinate development of the Mississippi, St.-Croix, and Minnesota Rivers within the St. Paul-Minneapolis Metropolitan Area, Minnesota. Authorizes appropriations. Establishes the Natchez National Historical Park in Mississippi. Authorizes the Secretary of the Interior to acquire land for such park by donations or exchange. Requires the Secretary to transmit to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources a study of historic properties in the city of Natchez. Directs the Secretary, following completion of such study, but not later than one year after enactment of this Act, to establish historic districts in the city of Natchez. Authorizes the Secretary to enter into cooperative agreements with owners of properties located within such historic districts. Requires the Secretary, within three complete fiscal years after enactment of this Act, to submit to such congressional committees a general management plan for the park. Requires the Secretary to study the feasibility of extending the Natchez Trace within the city of Natchez, including acceptance of donations of rights-of-way. Requires the Secretary, within one year after enactment of this Act, to transmit such study to such congressional committees. Establishes the Natchez National Historical Park Advisory Commission to consult with the Secretary on the management and development of the park. Authorizes appropriations. Directs the Secretary of the Interior to acquire two parcels of land in Florida under authority of the Act to establish the Canaveral National Seashore. Directs the Secretary to manage such parcels for: (1) the protection and interpretation of Seminole Indian archaeological and historic resources; and (2) the establishment of an administrative headquarters and visitor center for the Seashore. Increases appropriations authorized for the development of public facilities for the Seashore. Authorizes appropriations to carry out this Act. Removes the restriction which prohibits the Secretary of the Interior from acquiring in fee by purchase or condemnation more than 600 acres of Antietam National Battlefield, Maryland. Amends the National Parks and Recreation Act of 1978 to remove additional restrictions which authorized only certain scenic easement acquisitions. Establishes the Hamilton Grange National Memorial in the State of New York. Authorizes the Secretary of the Interior to: (1) acquire land, interests therein, and improvements thereon within the boundaries of the memorial by donation; (2) reimburse the owner of such property a specified amount for administrative costs for the transfer; and (3) acquire associated personal property. Directs the Secretary to: (1) administer the memorial as a unit of the National Park System; and (2) submit a general management plan to specified congressional committees within three complete fiscal years after enactment of this Act. Authorizes appropriations. Establishes the Poverty Point National Monument in Louisiana. Requires the Secretary of the Interior, within two years after enactment of this Act, to develop and implement a management plan for such monument. Authorizes the Secretary to enter into cooperative agreements with institutions of higher education and professional societies to conduct further research on Poverty Point, its people, and their culture. Authorizes the Secretary to acquire lands for the establishment of such monument. Establishes the Poverty Point National Monument Advisory Commission. Authorizes appropriations. Prohibits the use of Federal lands to expand any reservoir within Yosemite National Park without specific congressional authorization. Establishes the Delaware and Lehigh Navigation Canal National Heritage Corridor in the Commonwealth of Pennsylvania. Establishes the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission to assist appropriate Federal, State, and local authorities in the development and implementation of an integrated resource management plan for the Corridor. Directs the Commission, within one year after it conducts its first meeting, to submit to the Secretary of the Interior a Cultural Heritage and Corridor Management Plan which: (1) provides an inventory of Corridor property to be preserved and restored because of its national historic or cultural significance; (2) develops a historic interpretive plan; and (3) recommends policies for resource management of the Corridor. Terminates the Commission in five years, with a possible five-year extension. Requires the Secretary to approve or disapprove the Commission's Plan within 60 days after its receipt. Directs the Secretary, following plan approval, to assist the Commission in producing interpretive materials. Requires any Federal entity conducting activities affecting Canal flows or Corridor natural resources to consult and cooperate with the Secretary and the Commission. Authorizes appropriations. Authorizes the Secretary of the Interior to designate the New Jersey Coastal Heritage Route, a vehicular tour route along existing public roads linking natural and cultural sites in New Jersey. Directs the Secretary to complete and report to the appropriate congressional committees within one year a comprehensive inventory of route sites and a general plan. Requires intergovernmental consultation and public participation in the preparation of such inventory and plan. Authorizes the Secretary to provide technical assistance in the development of interpretive materials and conservation methods. Requires that the route be marked with appropriate markers for the public. Authorizes appropriations. Directs the Secretary of the Interior to establish the National Park of American Samoa. Provides for the management of such park. Directs the Secretary to establish an Advisory Board to provide advice on such management. Requires the Secretary and the Governor of American Samoa to review, at least once every ten years, the operation and management of the park. Authorizes appropriations. Amends the National Parks and Recreation Act of 1978 to direct the Secretary of the Interior to study and recommend appropriate initiatives to provide an educational and interpretative program for the Pinelands National Reserve, New Jersey. Requires the Secretary to study New Jersey's Pinelands Development Credit Bank, Pinelands Development Credit System, and Pinelands Municipal Council and submit to the Congress any recommendations for the improvement of their operations. Provides Federal lands for 50 percent of the cost for land acquisition within the Reserve. Establishes in the Department of the Interior the Southwestern Pennsylvania Heritage Preservation Commission to make loans or grants to preserve and protect sites which are related to the industrial development of southwestern Pennsylvania. Requires the Commission to coordinate government activities and develop project guidelines and standards consistent with standards established by the National Park Service for the preservation of historic properties. Requires the Commission to report annually to the Secretary of the Interior on loans, grants, expenses, and income. Requires the Secretary to report annually to the Congress on loans, grants, and other technical assistance provided under this Act. Directs the Commission to require and submit to appropriate congressional committees detailed cost estimates for projects to be funded. Terminates the Commission in ten years. Authorizes appropriations. Makes such funds available only to the extent they are matched by equivalent funds from non-Federal sources. Directs the Secretary of the Interior to designate a vehicular tour route in southwestern Pennsylvania, to be known as the Southwestern Pennsylvania Industrial Heritage Route, linking sites of historic, cultural, natural, and recreational interest. Authorizes the Secretary to erect informational markers, to accept donations of informational devices, and to provide technical assistance in the development of interpretive devices and materials. Authorizes appropriations. Prohibits using such funds for the maintenance of roads or related structures. Includes specified lands within the boundary of the Guadalupe Mountains National Park, Texas. Authorizes appropriations for the construction of a fence to protect the natural and cultural resources of such lands. Redesignates the Salinas National Monument, New Mexico, as the Salinas Pueblo Missions National Monument. Authorizes the Secretary of the Interior to acquire certain lands within the John Muir National Historic Site, California, to be administered as part of the Site. Directs the Secretary to acquire only such interests in the John Muir grave Site as may be necessary to preserve the Site in its present undeveloped condition and to provide maintenance of the Site. Authorizes appropriations. Authorizes the Secretary, acting through the Director of the National Park Service, to enter into a cooperative agreement with the East Bay Regional Park District of Oakland, California, for the operation and maintenance by such District of trails on lands within such historical site. Increases the authorization of appropriations for the acquisition of land for the Women's Rights National Historical Park in Seneca Falls and Waterloo, New York. Title IV: Miscellaneous Provisions - Authorizes the Secretary of Agriculture to establish the Lewis and Clark National Historic Trail Interpretive Center. Specifies lands to be donated by the State of Montana for the establishment of such center. Provides that such lands shall revert to the State of Montana if the Secretary uses such lands for any purpose other than those authorized under this Act. Requires the Secretary to administer the Center in a manner that will best provide for the interpretation of the accomplishments of the Lewis and Clark Expedition along the Lewis and Clark National Historic Trail in Montana. Directs the Secretary, within two years after the establishment of the Center, to submit to specified House and Senate committees a plan for development and interpretation of the Center. Authorizes the Secretary to enter into: (1) cooperative agreements with the State of Montana for rescue, firefighting, and law enforcement services with respect to the Center; and (2) cooperative agreements with Federal, State, or local public agencies for the development and operation of facilities and services in furtherance of this Act. Encourages the Secretary, with Montana, to develop a cooperative management plan for the entire Giant Springs Park. Authorizes and directs the Secretary to enter into an agreement with the Portage Route chapter of the Lewis and Clark Heritage Foundation or a similarly affiliated organization to provide educational materials to the public that highlight the travels of Lewis and Clark or other historical features of the area. Authorizes appropriations, including specified sums for the construction of the Center. Requires the Secretary of the Interior to act through the Bureau of Land Management (the National Park Service under current law) to construct and operate a visitor facility in or near Fort Benton under the Missouri River area management plan. Amends the Archaeological Resources Protection Act of 1979 (the Act) to revise the definition of "archaeological resource" to eliminate the condition that an item be "of archaeological interest." Prohibits attempts at (as well as acts of) excavation, removal, damage, or other alteration or defacement of any archaeological resource located on public or Indian lands, without a permit. Lowers to $500 (currently $5,000) the threshold commercial or archaeological value of an archaeological resource (including cost of restoration or repair) above which, for certain violations of the Act, specified criminal penalties are mandated. Directs each Federal land manager to: (1) establish a program to increase public awareness of the significance of, and the need to protect, archaeological resources located on public lands and Indian lands; and (2) report annually to specified congressional committees on actions taken under such program. Designates specified lands in the Olympic National Park, Washington, as the Olympic Wilderness and a component of the National Wilderness Preservation System. Authorizes the Secretary of the Interior to maintain and replace, as appropriate, the Wolf Creek underground powerline to Hurricane Ridge. Authorizes funds to the Secretary to make payment to the Clallam County Historical Society and Museum of Port Angeles, Washington, as compensation for: (1) its interest in the National Park Service visitor center, Pioneer Memorial Museum, and Olympic National Park, Washington; and (2) its participation in the construction of the Pioneer Memorial Museum. Revises provisions relating to the forfeiture of property used in connection with killing, trapping, capturing, or damaging animals or plants in the Park. Directs the Secretary to complete a study for the location of a year-round visitor center in the Kalaloch area of the Olympic National Park. Designates specified lands in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area, Washington, as the Stephen Mather Wilderness and a component of the National Wilderness Preservation System. Provides that no law shall affect the jurisdiction of the Federal Power Commission to proceed with specified hydroelectric projects within the Park. Authorizes the Secretary to acquire lands outside of the Park for the construction of a back country information center and a headquarters site for such park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. Authorizes appropriations. Revises provisions relating to mineral resources and renewable natural resource use within the recreation areas of the Park. Designates specified lands in the Mount Rainier National Park, Washington, as the Mount Rainier Wilderness and as a component of the National Wilderness Preservation System. Sets forth provisions relating to the administration of the wilderness areas and Park lands. Authorizes the Secretary to maintain and replace as necessary the powerline from Longmire to Paradise. Amends the Wild and Scenic Rivers Act to set forth provisions regarding the boundaries of the Klickitat River, Washington. Directs the Secretary of Agriculture or the Secretary of the Interior, as appropriate, to take such actions as are necessary to protect cave resources on Federal lands, including: (1) restricting the use of such resources; (2) entering into volunteer management agreements with the caving community; and (3) appointing advisory committees. Requires that such resources be considered in subsequent land management plans. Authorizes the Secretary to disturb such resources and to exempt certain caves on Federal or Indian lands from the protections of this Act if deemed appropriate. Restricts the release of information concerning the nature or location of any Federal cave. Requires the Secretary to provide such information to the Governor of a State in which a cave resource is located and permits such release to a bona fide research institution if requested in writing along with a commitment to protect the confidentiality of such information. Establishes a permit program for the collection or removal of natural resources from caves on Federal or Indian lands. Requires a permittee to post a bond or cash deposit to offset potential damage and to ensure compliance with this Act. Revokes permits for violations of this Act or permit conditions. Requires the Secretary of the Interior to delegate permit authority to an Indian tribe for caves on Indian lands at a tribe's request. Requires a tribe's permission before the removal of any cave resource on such tribe's land. Entitles a tribe to notice before the issuance of a permit if the Secretary determines that possible harm or destruction of a religious or cultural site may occur. Excludes Federal cave resources within the National Park or Wildlife Refuge Systems from this program. Imposes criminal penalties for the alteration of a cave or interference with cave resources, including the sale or exchange of cave resources removed without permission. Establishes civil penalties for violations of this Act or permit conditions. Authorizes appropriations. Places permit fees and fines in a special fund in the Treasury for cave resource management. Requires each Secretary to issue regulations implementing the provisions of this Act.
United States · United States Congress · 11 August 1988
Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1990, receipts and outlays for the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Directs the Board of Trustees of these trust funds to make a thorough study with respect to redirecting amounts that would ordinarily be paid as employment taxes into individual retirement accounts or other retirement income arrangements. Enumerates items to be included in the study. Requires the Board to report its findings to specified congressional leadership within one year of this Act's enactment.
United States · United States Congress · 3 August 1988
Commends the International Boundary and Water Commission's efforts during the past century to improve the social and economic welfare of the United States and Mexico.
United States · United States Congress · 14 July 1988
Authorizes certain land exchanges between Arizona, the Bureau of Land Management, and the Salt River Pima-Maricopa Indian community. Provides for the revocation of reclamation withdrawals in order to expedite the transfers. Reserves to the Salt River project an easement for electric transmission lines. Absolves the United States and the Salt River project from liability for damages to revoked lands which may be caused by flooding in conjunction with the Salt River project. Modifies the south boundary of the Salt River Pima-Maricopa Indian Reservation to add tribal lands.
United States · United States Congress · 12 July 1988
Prohibits the Federal Communications Commission from adopting revisions of the rules and policies in the proceeding "Policy and Rules Concerning Rates for Dominant Carrier," CC Docket 87-313, unless the changes expressly provide for: (1) the proper functioning of the long-term support mechanisms for the carrier common line rates administered by the National Exchange Carrier Association; (2) the maintenance of uniform nationwide long distance rates by dominant interexchange carriers; and (3) the use of an industry-wide rate of return to determine costs for access tariffs and to calculate the Universal Service Fund. Requires the FCC to report to the Congress the compliance of revisions with these conditions. Postpones effectiveness of any rule or policy revisions until 60 days have elapsed during which both Houses of the Congress are in session.
United States · United States Congress · 23 June 1988
Appropriates funds to the President for transfer to specified agencies and activities to enhance and speed up the war against the use of illegal drugs. Directs the President to transfer funds appropriated by this Act to various Government agencies and activities in such amounts as such agencies can use to more effectively fight the war against drugs, to treat addicts, and to cooperate with international agencies. Prohibits the use of such funds: (1) to engage in any activity prohibited by Federal laws or for which authority from the Congress was requested and denied; (2) except for purposes set forth in this Act, or under the authority of such agencies or activities authorized by law; and (3) to finance long-term or permanent facilities and equipment not primarily used for the war against drugs, other than for an interagency data system useful for other purposes. Declares that the war against illegal drugs constitutes a dire emergency. Directs that sums provided under this Act shall not be considered to be within the funding ceiling for a given function or section under any budgetary rule, resolution, or agreement previously adopted.
United States · United States Congress · 21 June 1988
Congressional Budget Office Strengthening Act of 1988 - Amends the Congressional Budget Act of 1974 to include the minority leaders of the House of Representatives and the Senate in the process for selecting a Director of the Congressional Budget Office (CBO). (Currently the Speaker of the House and the President pro tempore of the Senate make such appointment.) Requires the Director to carry out duties in an objective and nonpartisan manner. Prohibits CBO from adding to, deleting, or altering any requested information already provided by such Office to any Member of Congress or congressional committee, except to correct factual errors. Provides that a change in any information so provided may only occur if CBO, the Member or committee making the request, and the majority and minority leaders of the House from which the request originated agree. Requires the Director to notify the House Committee on Standards of Official Conduct or the Senate Committee on Ethics of any attempt by any Member or congressional employee to unduly influence the contents of any information requested or the contents of any report by CBO. Requires the cost estimates submitted by CBO on congressional legislation to include all direct and indirect costs.
United States · United States Congress · 16 June 1988
Comprehensive Anti-Drugs Act of 1988 - Title I: Demand Reduction and User Accountability - Subtitle A: User Accountability Act of 1988 - Makes any individual who is convicted of two or more drug or narcotic offenses, or any offense consisting of the distribution of a controlled substance, ineligible for Federal benefits for a specified period. Authorizes the Attorney General to assess a civil penalty on any person who violates the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act. Directs that the proceeds from any penalty be allocated equally to drug education, treatment, and State and local narcotics assistance as the Attorney General shall prescribe. Limits the amount of such penalty. Directs the Attorney General to study the feasibility of prosecuting Federal drug-related offenses in a manner alternative or supplemental to the current criminal justice system and to report the results of such study to the Congress. Provides for the withholding of Federal highway funds to States which do not have in effect and enforce a law which revokes or suspends for a period of not less than: (1) six months the driver's license of a person who is convicted after the date of the enactment of this Act of a violation of the CSA, or for any drug or narcotic offense chargeable under the law of such State or any other State; and (2) one year the driver's license of a person who, in a five-year period, is convicted of more than one of certain offenses. Provides for the apportionment of withheld funds after compliance and for the use of such funds for other projects in the event of noncompliance. Subtitle B: Drug-Free Schools and Businesses Act of 1988 - Requires, as a condition of receiving any Federal contract or assistance, that the recipient maintain a drug-free workplace or activity. Requires the Federal agency administering such contract or assistance to make the recipient aware of such requirement. Requires the agency to terminate the contract or assistance and not to enter into any further contract or assistance with the recipient until such recipient demonstrates effective compliance if the agency, after an opportunity for an agency hearing on the record, determines that a recipient has not complied with such requirement. Specifies that a good faith effort to maintain a drug-free workplace or activity is sufficient to satisfy the requirement. Subtitle C: Drug Testing in the Federal Criminal Justice System - Requires the Attorney General to provide for the mandatory drug testing and retesting of all arrestees for Federal drug-related offenses. Makes it a mandatory condition of release that the individual refrain from the illegal use of any controlled substance. Makes it a mandatory condition of parole that: (1) the parolee submit to regular drug tests administered under the authority of the person supervising the parolee; and (2) the parolee refrain from the use of any controlled substance without a prescription. Makes the latter requirement a mandatory condition of probation. Provides for the random testing of probationers by each probation officer. Subtitle D: Increased and Expanded Treatment of Drug Abuse - Amends the Public Health Service Act (PHSA) to provide for the reduction of the waiting period for drug abuse treatment. Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for the purpose of expanding the capacity of grantees to carry out drug abuse treatment programs. Prohibits the Secretary from making a grant to an applicant unless such applicant: (1) is experienced in the delivery of drug abuse treatment services; (2) is, on the date the application is submitted, carrying out a program for the delivery of such services; (3) as a result of the number of requests for admission into the program, is unable to admit any individual any earlier than one month after the date on which the individual makes a request for such admission; and (4) provides satisfactory assurances to the Secretary that, after funding is no longer available under this Act, the applicant will have access to financial resources sufficient to continue the program. Sets forth further conditions on the making of grants under this Act. Requires independent evaluations of federally-funded drug treatment programs and research into methods of such treatment. Requires the Secretary, in carrying out such evaluations, to: (1) assess the comparative effectiveness and costs of the various methods of treatment utilized for specific patient groups; (2) clarify research and treatment objectives and methodologies; and (3) determine whether entities carrying out such programs have organizational biases with respect to such treatment and the extent to which they are contributing to progress in the development of effective methods of treatment. Directs the Secretary to complete the required evaluation and submit a report of the findings to the Congress within one year. Requires the Director of the Office for Substance Abuse Prevention of the Public Health Service to make grants and enter into contracts to establish: (1) support groups for parents and families of individuals who abuse drugs; and (2) counseling and referral services for such parents and families. Authorizes appropriations. Authorizes appropriations for prevention, treatment, and rehabilitation model projects for high risk groups. Authorizes appropriations for a preventive health services block grant. Authorizes appropriations for emergency substance abuse treatment and preventive rehabilitation. Provides for increased State grants for demonstration projects for the provision to expectant mothers of outpatient residential treatment services. Amends the Rehabilitation Act of 1973 to exclude from the definition of the term "individual with handicaps" any individual who uses, or is addicted to, illegal drugs, with exceptions. Subtitle E: Drug Education Amendments - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations and require that local applications for grants under such Act describe: (1) the extent and nature of the current illegal drug and alcohol problem in each school of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor the effectiveness of its program. Requires an applicant to submit to the State educational agency a progress report on the first two fiscal years of its plan in order to receive the third year's funding. Prohibits such agency from awarding funds for the third year unless it determines that such report shows reasonable progress toward accomplishing the objectives of its plan and of this Act. Requires each State to submit an annual report containing specified information on State or local programs. Restricts the amount of funds allocated for use by a State for the administrative costs of the chief executive officer of such State. Allows a small number of individuals who are not high risk youth to participate in programs for high risk youth if their participation does not significantly diminish the amount or quality of services provided. Subtitle F: Drug-Free Public Housing Act of 1988 - Drug-Free Public Housing Act of 1988 - Directs the Secretary of the Department of Housing and Urban Development (HUD) to establish a clearinghouse to collect information regarding drug abuse in public housing projects in order to respond to public inquiries for assistance and provide referrals. Directs the Secretary to establish a regional program for the training of public housing officials to educate them to the widespread abuse of controlled substances in the communities in which they work. Requires that such program be conducted within 12 months after enactment of this Act by a national training unit established by the Secretary. Title II: Drug Law Enforcement - Subtitle A: Death Penalty for Drug Kingpins - Drug Kingpin Act of 1988 - Amends the CSA to subject to the death penalty any individual who intentionally engages in conduct during the course of a continuing criminal enterprise that results in the death of another individual and who is the principal organizer of the enterprise, if the violation involves a specified quantity of a controlled substance. Sets forth procedural safeguards, such as the right of the accused to reasonable notice that the Government will seek the death penalty. Requires the Government to set forth the aggravating factors which it will seek to prove as the basis for such sentence. Authorizes the court to permit the Government attorney to amend such notice upon a showing of good cause. Provides for a separate sentencing hearing to determine punishment in cases where the Government has filed such a notice and the defendant is found or pleads guilty to an offense which might subject him to the death penalty. Permits information to be presented at the sentencing hearing as to any matter relevant to the sentence or to mitigating or aggravating factors, regardless of its admissibility as evidence at criminal trials, unless its probative value is substantially outweighed by the danger of prejudice, confusion of the issues, or misleading the jury. Grants the Government and the defendant the opportunity to present and rebut information. Specifies the order and burden of proof. Establishes guidelines for the jury or court to follow in considering the information and returning its findings. Directs the court to sentence the defendant to death upon a finding that such a sentence is justified. Specifies mitigating and aggravating factors to be considered. Directs the judge to instruct the jury that it shall not consider the defendant's race, color, national origin, creed, or sex in reaching its decision. Authorizes the court to impose a sentence of life imprisonment without the possibility of parole. Sets forth procedures and standards of review for appeals of the death sentence. Subtitle B: Exclusionary Rule Reform - Amends the Federal criminal code to permit otherwise admissible evidence obtained as a result of a search or seizure to be admitted into evidence if such search or seizure was undertaken in an objective, reasonable, good faith belief that it was in conformity with the Fourth Amendment to the Constitution. Specifies that a showing that evidence was obtained pursuant to, and within the scope of, a warrant constitutes prima facie evidence of such good faith belief, unless obtained through intentional and material misrepresentation. Subtitle C: Authorization of Appropriations for Prisons and Prosecutors - Authorizes appropriations for FY 1989 and 1990 of such sums (and for such purposes) as are specified in the respective budgets transmitted by the President to the Congress for the Federal prison system and U.S. attorneys. Authorizes the Bureau of Prisons to lease prison facilities subject to approval in advance in appropriations Acts. Authorizes the Attorney General to issue debt instruments for purchase by the Secretary of the Treasury to finance the acquisition or construction of a facility to be used for penal or correctional purposes by the Bureau. Subtitle D: Elimination of Diversity Jurisdiction - Eliminates district court jurisdiction based on diversity of citizenship. Subtitle E: State and Local Narcotics Control Assistance - Amends the Omnibus Crime Control and Safe Streets Act to expand the purposes of the grant program to include: (1) introducing innovations in penalties for possession of a controlled substance, such as revocation or suspension of drivers' licenses, ineligibility for State grants, increased criminal and civil fines, and cost recovery of governmental expenses incurred in rehabilitation programs; (2) reducing delays in time between arrest, prosecution, adjudication, and detention of persons accused of violating State or local drug laws, including the development of an alternative or supplemental judicial system for drug-related offenses; and (3) increasing participation in multi-jurisdictional task forces for enforcing drug laws. Prohibits the use of any such grant to provide counsel to assist defendants accused of violations of the CSA or of State or local laws that establish offenses similar to those established in the CSA. Restricts expenditures of drug law enforcement grants to no more than 50% (currently, 75%) of the cost of the identified uses for which such grants are received. Authorizes appropriations. Subtitle F: Drug Enforcement Agency Personnel Support Act of 1988 - Authorizes the Attorney General to use Department of Justice (DOJ) appropriations to pay benefits to Drug Enforcement Agency (DEA) overseas personnel. Directs the Attorney General to report to the Congress within 120 days on the implementation of this subtitle. Subtitle G: Anti-Drug Manufacturing Act of 1988 - Establishes criminal penalties for: (1) polluting U.S. lands while manufacturing, distributing, or dispensing a controlled substance; and (2) creating a substantial risk of harm to human life while possessing or manufacturing a controlled substance. Subtitle H: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the CSA to establish recordkeeping and reporting requirements for the distribution, receipt, sale, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle I: Law Enforcement Officer Protection Act of 1988 - Provides a mandatory penalty (ten years imprisonment, to run concurrently with any other term, and/or a fine) for using a firearm in committing assaults on Federal officers. Establishes penalties for the possession of firearms or dangerous weapons in a Federal courthouse. Permits the court to consider pretrial detention for certain firearms and explosives offenses. Extends the possession of explosives offense to certain airports and increases penalties for possessing explosives in such airports and in Federal buildings. Increases penalties for using an explosive in the commission of a Federal felony. Makes it unlawful for any person to transfer a firearm to any business that does not maintain a place of business in the State in which the transferor resides. Deletes the requirement that stolen firearms and ammunition be in interstate commerce to be a Federal offense. Makes trafficking in firearms without serial numbers unlawful. Authorizes the Attorney General to: (1) make payments from DOJ appropriations for expenses necessary for hosting the General Assembly of INTERPOL's annual meeting and for the periodic sponsorship of INTERPOL conferences relating to international crime; and (2) solicit, accept, and make gifts in connection with certain INTERPOL activities, with specified restrictions. Requires the Attorney General to: (1) promulgate rules for such soliciting, accepting, and giving gifts to avoid creating a conflict of interest; and (2) report annually to the Congress regarding all such gifts. Authorizes electronic communications providers to disclose specified information to a governmental entity under certain circumstances. Subtitle J: Anti-Public Corruption Act of 1988 - Anti-Public Corruption Act of 1988 - Establishes the offense of public corruption and sets penalties for individuals who endeavor by scheme or artifice to deprive the inhabitants of a a State (or political subdivision thereof): (1) of the honest services of a State official or employee; or (2) of a fair and impartial election through fraud. Specifies that, in the case of a conviction under this subtitle for which the motive was to facilitate or further a violation of the CSA or CSIEA, if the maximum imprisonment otherwise provided is less than 20 years, such maximum imprisonment shall be 20 years. Adds public corruption as a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO) and as a basis for authorizing a wiretap. Subtitle K: Increased Penalties - Amends the CSA to provide increased penalties for crack violations. Amends the CSA and CSIEA to provide civil penalties for certain violations involving heroin or cocaine. Subtitle L: Amendments to the Money Laundering Control Act - Amends the Money Laundering Control Act to: (1) include electronic fund transfers in the definition of "monetary instruments"; and (2) encompass property that has been represented to be the proceeds of unlawful activity. Subtitle M: National Forest System Drug Control - Amends the National Forest System Drug Control Act to grant certain powers to special agents and law enforcement officers within and outside the boundaries of the National Forest System if in hot pursuit. Directs the U.S. Forest Service to: (1) oversee investigations and enforcement activities and prepare national and regional strategy plans in coordination with the DEA and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the CSA as such activity relates to the manufacture, distribution, or dispensing of marijuana or other controlled substances within the National Forest System. Subtitle N: United States Postal Service Authority Expansion - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant: (1) the U.S. Postal Service authority to subject to forfeiture specified drugs and drug-related contraband articles; and (2) certain Postal Service officers and employees authority to perform enforcement functions performed by DEA officers or employees. Subtitle O: United States Marshals Service Act of 1988 - United States Marshals Service Act of 1988 - Establishes the United States Marshals Service as a bureau within the Department of Justice. Directs the President to appoint a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia. Sets forth procedures for filling vacancies in the office of a U.S. marshal. Specifies the powers and duties of the Service. Allows the Attorney General to exempt the procurement of contract services under the Department of Justice Assets Forfeiture Fund from certain procurement guidelines if necessary to maintain the security and confidentiality of related criminal investigations. Prescribes a schedule of fees that the Service may collect. Authorizes the Attorney General to use funds appropriated to the Service for the support of U.S. prisoners in non-Federal institutions. Subtitle P: Assimilative Crimes Act Amendments of 1988 - Amends the Federal criminal code to provide that the criminal penalty for operating a motor vehicle under the influence of a drug or alcohol in a special maritime or territorial jurisdiction of the United States shall be the punishment provided under the law of that State, territory, possession, or district. States that whoever operates a motor vehicle in such a jurisdiction consents to certain tests if arrested for driving under the influence of a drug or alcohol. States that any person refusing to submit to such tests shall be denied the privilege of operating a motor vehicle for one year. Subtitle Q: National Guard Drug Law Enforcement Assistance Act of 1988 - Provides that the consent of a Governor may not be withheld with regard to the provision of National Guard assistance to civilian law enforcement officials. Subtitle R: Drug Law Enforcement in Public Housing Projects - Authorizes the Secretary of HUD to establish a demonstration project providing grants to public housing agencies to permit such agencies to prevent drug-related crimes in public housing projects through: (1) the establishment and operation of public housing security and protective services for such projects; or (2) the reimbursement of local law enforcement agencies for additional security and protective services for such projects. Subtitle S: Study of Improvements to Monetary Rewards - Directs the Attorney General to study and report to the Congress concerning: (1) ways to increase cooperation and assistance for drug law enforcement from informants eligible for rewards from the Asset Forfeiture Fund; and (2) the feasibility of establishing a bounty system for alternative rewards. Subtitle T: Deportation of Aliens Amendment - Allows a court, on motion of the Government, to exempt from deportation provisions of the Immigration and Nationality Act an alien who has provided substantial assistance in the investigation or prosecution of a person who has committed a drug offense under the CSA. Subtitle U: Steroid Control Act - Amends the CSA to include methandrosterolone as a Schedule I substance (a drug or substance with a high potential for abuse, which has no currently accepted medical use in treatment in the United States, and which lacks any accepted safety use under medical supervision). Subtitle V: Task Force on Clandestine Drug Laboratories - Joint Federal Task Force on Clandestine Drug Laboratories Establishment Act of 1988 - Establishes the Joint Federal Task Force on Clandestine Drug Laboratories. Directs the Task Force to formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by clandestine drug laboratories. Provides for periodic reports by the Task Force to the President and to each House of the Congress. Subtitle W: Additional Penalties for Operation of a Locomotive or Common Carrier While Under the Influence of Alcohol or Drugs - Provides penalties for the operation of a locomotive common carrier while under the influence of alcohol or drugs. Subtitle X: Miscellaneous Technical Amendments - Sets a mandatory minimum penalty for trafficking in a specified quantity of methamphetamine. Prohibits and establishes penalties for conducting a financial transaction involving the proceeds of specified unlawful activity with the intent to violate the Internal Revenue Code. Title III: International Drug Control - Subtitle A: Multinational Anti-Drug Strike Force - Directs the President to develop a plan to establish a multinational strike force to combat illicit narcotics production and trafficking in the Americas and in Asia. Encourages the President to enter into negotiations with other nations to implement such strike forces. Requires the President to submit to the Congress a report describing such plan and detailing actions taken to implement such strike forces. Subtitle B: Amendments to the Foreign Assistance Act - Amends the Foreign Assistance Act of 1961 (FAA) to provide for exemptions from the prohibition on using international narcotics control assistance to procure weapons or train foreign police forces if the President determines that such assistance or training is necessary to combat illicit drug production or trafficking. Subtitle C: Sense of Congress on the Convening of a Summit of Western Hemisphere Nations Concerning Drug Abuse - Urges the President to convene a meeting of the heads of government of countries in the Western Hemisphere in which illicit drug production, transit, or use is a problem to reach agreement on enhancing international cooperation and information sharing. Subtitle D: Sense of Congress on Suppression of International Narcotics Trafficking - Expresses the sense of the Congress that the suppression of international narcotics trafficking is the most important national security objective within the Western Hemisphere. Subtitle E: Authorization of Appropriations for Assisting Law Enforcement Authorities in Certain Foreign Countries - Authorizes appropriations for FY 1989 for: (1) education and training of law enforcement authorities in certain foreign countries to enhance drug interdiction and eradication efforts; and (2) military assistance for such efforts, especially with respect to rapid deployment capabilities. Subtitle F: Extradition and Mutual Legal Assistance Treaties - Directs the Secretary of State to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Subtitle G: Export-Import Bank Financing for Defense Against Narco-Terrorists - Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with a credit sale of defense articles or services to a major illicit drug producing or drug-transit country if the President certifies to the Congress that such country needs such articles or services in combatting illicit drug production or trafficking. Subtitle H: Increased Intelligence Capabilities - Amends the National Security Act of 1947 to provide that a special activity directed at illicit international drug trafficking shall be deemed to be important to national security for purposes of requirements for presidential approval. Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the use of information concerning illicit drug trafficking obtained by electronic surveillance conducted for foreign intelligence purposes to combat such trafficking. Subtitle I: Mexico-United States Intergovernmental Commission - Amends the International Narcotics Control Act of 1986 to provide for the appointment of Members of Congress to and funding, reporting requirements, and the initial meeting of the Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control. Title IV: Interdiction Improvement - Subtitle A: Use of Armed Forces for Interdiction of Narcotics at United States Borders - Requires the President to use the U.S. armed forces to locate, pursue, and seize aircraft and vessels carrying narcotics, deploy radar and pursuit aircraft, and use the National Guard and Reserves to halt the unlawful penetration of U.S. borders within 45 days after the enactment of this Act. Directs the President to: (1) report to the Congress on the impact and costs of this Act and recommendations for changes in existing law; and (2) submit to the Congress a request for the amount of funds spent and the amount needed to continue the program through FY 1988 and 1989. Provides for a separate budget request, beginning with FY 1990, for funds for the drug interdiction program. Subtitle B: Department of Transportation Study of Establishing Flight Corridors - Directs the Secretary of Transportation to: (1) study the feasibility of establishing flight corridors across the sourthern borders of the United States, including the policy of interdicting aircraft which deviate from such corridors; and (2) report the results of such study to the Congress within 180 days. Subtitle C: Maritime Drug Law Enforcement and Enhancement Act of 1988 - Maritime Drug Law Enforcement and Enhancement Act of 1988 - Chapter 1: Drug Enforcement Budget Improvement - Requires: (1) the President to submit annual reports on Federal drug enforcement expenditures; and (2) each congressional committee to issue a report, by March 15 of each year, describing estimates of the budget required by each agency for the following fiscal year to effectively implement illegal drug enforcement programs within such committee's jurisdiction. Chapter 2: Coast Guard Drug Interdiction Enhancement - Expands the Coast Guard's maritime air surveillance and interdiction authority. Authorizes the Secretary of the department in which the Coast Guard is operating (currently, the Coast Guard) to make inquiries, examinations, inspections, searches, and seizures of aircraft subject to U.S. jurisdiction or law (current law applies only to vessels), order such aircraft to a landing area, and take any other lawful action. Amends the Tariff Act of 1930, as amended, to make moneys from the Customs Forfeiture Fund available to the Coast Guard. Authorizes the commanding officer of a Coast Guard vessel or aircraft, or of a surface naval vessel on which a Coast Guard member is assigned, to fire upon a vessel which does not stop upon being ordered to do so or on being chased. Provides for indemnification of: (1) all persons acting under such commanding officer from any penalties or actions for damages for firing upon such vessel; and (2) Coast Guard members and employees against any claim or judgment which arises out of an act committed within the scope of their official duties in carrying out drug enforcement activities. Authorizes appropriations for the Coast Guard. Directs the Secretary of Transportation to submit to the Congress a draft of legislation relating to special restrictions and inspections for vessels arriving from drug producing countries. Amends the CSA to prohibit the forfeiture of specified vessels under such Act unless it appears that the owner was a consenting party to a violation of such Act. Chapter 3: Great Lakes Drug Interdiction - Directs the Secretary of Transportation and the Commissioner of Customs to enter into an agreement to increase the effectiveness of maritime drug interdiction activities in the Great Lakes area. Provides for increased use of long-range surveillance aircraft in such area. Directs the Secretary of State to enter into negotiations with the Government of Canada to establish an agreement for increased cooperation and information sharing with respect to illegal drug interdiction efforts along the U.S.-Canadian border. Chapter 4: Vessel Identification - Defines "United States vessel" and "documented vessel." Requires the identification of the individual designated as the agent of the owner of the vessel on the certificate of documentation for such vessel. Directs the Secretary of Transportation to establish and maintain a central depository of information relating to the ownership of U.S. vessels. Chapter 5: Reorganization to Coordinate Maritime Law Enforcement Programs - Federal Maritime Administration Act - Establishes the Federal Maritime Administration (FMA) with the Department of Transportation, consisting of the Coast Guard and the National Maritime Service and headed by the Under Secretary for Maritime Affairs and Readiness. Specifies the duties of the Under Secretary. Provides for an Office of Drug Interdiction Coordination within the FMA. Renames the existing Maritime Administration. Transfers certain maritime functions of the National Ocean Service and National Weather Service. Redesignates the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration as the Commissioned Officer Corps of FMA. Provides for incidental transfers, terminations, and miscellaneous provisions. Establishes the Merchant Marine Reserve within the Coast Guard Reserve. Directs the Secretary of Transportation to: (1) issue final regulations to implement this chapter within one year; and (2) make recommendations to the Congress regarding the consolidation of budget authority. Subtitle D: Prohibition on Reissuance of Airman Certificates - Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman certificate to any person whose certificate has been revoked.
United States · United States Congress · 10 June 1988
College Savings Bond Act of 1988 - Authorizes the Secretary of the Treasury to issue college savings bonds in the interest of encouraging long-term savings for postsecondary education. Amends the Internal Revenue Code to exclude from the gross income of an individual any interest on college savings bonds to the extent these proceeds are used to pay the qualified educational expenses (tuition, fees, books, supplies, reasonable living expenses) of the taxpayer, spouse, child, or dependent at an institution of higher education, including a postsecondary vocational school. Decreases the permissible exclusion for taxpayers having adjusted gross income above $60,000, allowing no exclusion if income exceeds $80,000.
United States · United States Congress · 8 June 1988
Targeted Relief Disclosure Resolution of 1988 - Amends rule X of the Rules of the House of Representatives to require each report accompanying each bill or joint resolution of a public character reported by the Committee on Ways and Means to identify: (1) each provision which is intended to provide special benefits with respect to five or fewer taxpayers, transactions, events, items of property, projects, or issuances of bonds; (2) each beneficiary of such provision; (3) the Member of Congress who sponsored the inclusion of each such beneficiary; and (4) an estimate by the Joint Committee on Taxation of the loss in revenues resulting from such provision with respect to each such beneficiary for the fiscal year for which such loss in revenues first occurs and each of the five fiscal years thereafter.
United States · United States Congress · 2 June 1988
Appropriates funds for a special fund to be managed by a coordinator of the war against illegal drugs. Specifies that such Illegal Drug Coordinator shall be an official appointed by the President who, at the time of appointment, holds an office which required confirmation by the U.S. Senate. Directs the Coordinator to transfer such funds to various Government agencies and activities to more effectively fight the war against the production, distribution, and use of illegal drugs, for treatment of addicts, or to cooperate with international agencies for such purposes. Increases personnel ceilings for each agency to the extent necessary to fulfill this Act's purposes. Prohibits the use of appropriated funds to finance long-term or permanent facilities and equipment not primarily used for the war against drugs, other than for an interagency data system. Specifies some of the departments, agencies, and activities to which sums may be transferred. Declares that the war against illegal drugs constitutes a dire emergency. Directs that sums provided under this Act shall not be considered to be within the funding ceiling for a given function or section under any budgetary rule, resolution, or agreement heretofore adopted.
United States · United States Congress · 2 June 1988
Expresses the sense of the Congress that: (1) any proposal to legalize illicit drugs, as a method to combat their sale and use, should be rejected; and (2) the Congress should explore only those proposals which directly attack the supply of, and demand for, illicit drugs.
United States · United States Congress · 17 May 1988
Santa Rita Public Lands Exchange Act of 1988 - Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to transfer to, or exchange with, the State of Arizona all of the lands in the Santa Rita Experiment Station lying outside of the National Park System. Requires the Secretary to use such lands to: (1) satisfy the remaining Federal debt to Arizona for relinquishments of land for the Central Arizona Project; and (2) acquire Catalina State Park and other specified lands in accordance with the Federal Land Policy and Management Act of 1976. Provides that those lands in the Catalina State Park and Madera-Elephant Head Trail area that are acquired in accordance with this Act shall be included in the National Forest System, and that such park shall be managed cooperatively by Arizona and Federal authorities. Provides that all lands acquired by the Government under this Act shall be exempt from any further planning requirements of the 1976 National Forest Management Act until the 1986 Coronado Forest Plan is revised, at which time future management direction shall be determined as part of planning for the entire National Forest. Revokes executive and public land orders which withdrew the Santa Rita Experimental Range for a Forest and Range Experiment station. Withdraws from entry under the public land laws certain lands lying within the Coronado National Forest for use as a Forest and Range Experiment Station administrative headquarters site. Revokes a certain public land order which withdrew lands for forest administrative sites. Revokes executive and public land orders, which withdrew and established administrative jurisdiction for the Kofa National Wildlife Refuge, with respect to specified lands. Restricts use of such lands to those uses which will conserve, protect, and enhance the bighorn sheep and other wildlife and plant species contained on such lands. Places such lands under the jurisdiction of the BLM to be administered as public lands. Designates the New Water Mountains Wilderness to be a part of the National Wilderness Preservation System. Releases specified lands as a part of such wilderness. Places specified lands into the Kofa National Wildlife Refuge. Withdraws certain Federal lands of the Kofa National Wildlife Refuge and the New Water Mountains Wilderness from: (1) entry, appropriation, or disposal under public land laws; (2) location, entry, or patent under Federal mining laws; and (3) disposition under Federal laws concerning mineral and geothermal leasing. Places specified Federal lands into the National Wildlife Refuge System as part of the Cabeza Prieta National Wildlife Refuge. Revokes certain orders which withdrew lands from the Colorado River Storage Project, for the Havasu National Wildlife Refuge, for the Imperial National Wildlife Refuge, and in aid of the Salt River Project. Adjusts a boundary of the Coronado National Forest. Authorizes appropriations. Authorizes appropriations to provide for at least ten full-time equivalent employees of the BLM to perform resource management and law enforcement activities as a part of the administration of: (1) lands transferred from the Fish and Wildlife Service to the BLM under this Act; and (2) BLM lands in Black Canyon Corridor.
United States · United States Congress · 12 May 1988
Declares that the Congress recognizes the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan between December 8 and December 23, 1941.
United States · United States Congress · 11 May 1988
Congressional and Judicial Equal Employment Opportunity Act of 1988 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative and judicial branches of the Government be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Establishes within the judicial branch an Employment Review Board. Provides that members of the board be appointed from the retired judges of the Supreme Court and Courts of Appeals. Authorizes an aggrieved individual to file a written complaint with the Board. Establishes procedures for the Board to investigate, settle, hear, and determine the claims alleged. Provides that if a violation is found an order for relief may compel the defendant to: (1) employ or reinstate such individual on such terms and conditions as may be appropriate, except that the Board may not compel any committee or Member of Congress to employ or reinstate, or modify the terms and conditions of employment of, any individual; (2) pay compensatory damages; and (3) pay fees and allowances of witnesses and reasonable attorneys' fees. Authorizes the U.S. Court of Appeals for the District of Columbia Circuit to review, enjoin, set aside, suspend, modify, or enforce orders of the Board. Requires members of the Board to submit written reports to the Committee on Standards of Official Conduct of the House of Representatives and the Senate Select Committee on Ethics describing complaints during the reporting period involved.
United States · United States Congress · 11 May 1988
Expresses U.S. policy that Nicaragua should undertake specified reforms, such as reinstating due process and fair trials, ending torture, conducting free elections, allowing an uncensored free press, ensuring the right to strike and to publish for unions, allowing the Catholic Church to reopen its offices, and ending the forced relocation of Indians and Creoles. Urges all countries in Central America to continue to work toward achieving the democratic principles and processes specified in the August 7, 1987, Central American peace accord.
United States · United States Congress · 5 May 1988
Sunshine Resolution of 1988 - Requires each standing committee of the House of Representatives with subject matter jurisdiction to report to the House on legislation to amend the following laws to make them applicable to the House: (1) the National Labor Relations Act; (2) the Fair Labor Standards Act of 1938; (3) the Occupational Safety and Health Act of 1970; (4) the Equal Pay Act of 1963; (5) the Age Discrimination in Employment Act of 1967; (6) the Freedom of Information Act; (7) the Privacy Act of 1974; (8) title VII of the Civil Rights Act of 1964, relating to equal employment opportunity; (9) the Rehabilitation Act of 1973, as it relates to employment of individuals with handicaps; (10) the section of the Federal criminal code that relates to post-employment conflict of interest; and (11) the chapter of Federal Judiciary and Judicial Procedure that relates to an independent counsel. Sets forth House procedure when such legislation is reported. Amends rule X of the Rules of the House of Representatives to require the ratio of the number of members of each committee (and of each subcommittee, task force, or subunit) to reflect the ratio of majority to minority party Members of the House at the beginning of each Congress. Requires the ratio of each select committee (and of each subcommittee, task force, or subunit) and of each conference committee to reflect the ratio of majority to minority party members at the time of its appointment. Amends rule XI to prohibit any committee from voting by proxy. Amends rule XV to require a roll call vote on any bill, joint resolution, or conference report making appropriations or providing revenue. Amends rule XXI to prohibit the consideration of any bill or resolution making appropriations under the jurisdiction of more than one subcommittee of the Committee on Appropriations if it applies to periods after November 30 of a fiscal year. Authorizes the waiver or suspension of such provision by a 60 percent majority vote of the House. Prohibits an appropriation from being reported in any joint resolution continuing appropriations, or from being an amendment to such resolution, for any expenditure not previously authorized by law, except to continue appropriations for public works and objects which are already in progress. Prohibits any provision changing existing law from being reported in any joint resolution continuing appropriations except germane provisions which retrench expenditures by the reduction of amounts of money covered by the bill. Prohibits any amendment to a joint resolution continuing appropriations if it changes existing law. Declares that no amendment shall be in order during consideration of a joint resolution continuing appropriations proposing a limitation not specifically contained or authorized in existing law for the period of the limitation. Sets forth House floor procedure after a joint resolution continuing appropriations has been read for amendment. Makes it out of order in the House to consider any joint resolution continuing appropriations, or any amendment thereto, which covers a period of more than 90 calendar days. Prohibits any item of appropriation set forth in any joint resolution continuing appropriations from exceeding the lesser of the amount set forth for such item in the House-passed or Senate-passed general appropriation bill for the fiscal year. Declares that the provisions of this Act concerning the use of continuing resolutions may only be waived by a vote of two-thirds of the Members present and voting, a quorum being present. Amends rule XXVII to direct the Clerk of the House to have printed in the Congressional Record the name of each Member who has signed, or withdrawn a signature to, a motion to discharge a committee from the consideration of a public bill or resolution, when 100 Members have signed the motion. Amends rule XXVIII to provide for the inclusion of dissenting views in conference reports. Establishes rule LI to require the Speaker of the House to cause notice of the legislative schedule for the floor of the House for each legislative day to be printed in the Congressional Record at least two legislative days in advance. Establishes rule LII to require that the Congressional Record for the House contain an accurate and verbatim account of remarks actually delivered on the floor together with permitted tables, statistics, and other supporting data. Requires extensions and revisions of remarks to be limited to the correction of grammatical and typographical errors. Requires the insertion of remarks not actually delivered on the floor to be so designated.
United States · United States Congress · 3 May 1988
Arizona-Florida Land Exchange Act of 1988 - Title I - Authorizes the Secretary of the Interior to dispose of the real property used for the Phoenix Indian High School in Phoenix, Arizona. Ratifies the Agreement Among the United States, Collier Enterprises, and the Barron Collier Company under which the United States agrees to exchange such property for certain lands in Florida located in the Florida Panther National Wildlife Refuge owned by Collier and specified monetary proceeds. Requires the Secretary, if such Federal property is conveyed, to convey 20 acres of such property to the city of Phoenix to provide for public open space and recreation, to transfer administrative jurisdiction of 11.5 acres of such property to the Veterans Administration (VA) for expansion of a VA hospital, and to convey 4.5 acres of such property to the State of Arizona for the construction of a nursing home for veterans, provided that each such entity elects to accept such property. Provides that such property conveyed to Phoenix and Arizona shall revert to the United States if not used for the prescribed purposes. Requires Collier to provide 90 days' advance notice of its intention to accept the offer of the United States under the exchange agreement to the Secretary, the Mayor of Phoenix, the Administrator of Veterans Affairs, the Intertribal Council of Arizona (ITCA), the governing body of the Navajo Tribe, and the Governor of Arizona. Requires the Secretary, not later that 45 days after receiving such notice from Collier, to publish notice that the Secretary will consider offers by persons other than Collier for the school property. Requires any such offer to provide for: (1) a single cash payment of a minimum acceptable price; (2) an agreement to make annual payments into the Arizona Intertribal Trust Fund or the Navajo Trust Fund; and (3) an offer to enter into a planning and zoning agreement with the city of Phoenix. Provides that: (1) if no qualifying offer is received, Collier may accept the U.S. offer under the exchange agreement; (2) if a qualifying offer is received, Collier will be allowed to match that offer; and (3) if Collier declines to match the best qualifying offer, the Secretary shall accept such offer. Provides for the management of school property which is not conveyed or which reverts to the United States under this Act. Provides for the deposit of the monetary proceeds from the school property into the Arizona Intertribal Trust Fund and the Navajo Trust Fund. Allows the Secretary to elect to receive such proceeds in a lump-sum payment or in 30 annual payments. Title II - Requires the Secretary to close the Phoenix Indian High School between June 1, 1988, and September 1, 1988. Requires the Secretary to notify the tribal governing body of each affected Arizona tribe and each student, or parent or guardian of each student, enrolled at the school within 30 days after the enactment of this Act. Directs the Secretary to transfer administrative jurisdiction of the school property from the Bureau of Indian Affairs to the National Park Service within 60 days after the closure of the school. Authorizes the National Park Service to manage and control the property consistent with the requirements of the exchange agreement, although the school property will not be considered a unit of the National Park System. Provides for the establishment of the Arizona Intertribal Trust Fund and the Navajo Trust Fund. Specifies that each fund shall consist of the portion of the monetary proceeds from the school property allocable to the fund. Requires the Secretary of the Treasury to: (1) invest any lump-sum payments into the trust fund into interest-bearing securities and deposits; or (2) hold the security provided by the purchaser in trust if payment into the trust funds is made in the form of annual payments. Authorizes the Secretary of the Treasury, at the direction of the Secretary of the Interior, to invest any portion of the trust income not used. Limits use of the trust income to supplemental educational and child-welfare programs, activities, and services and the design, construction, improvement, and repair of related facilities. Authorizes the Secretary, pursuant to appropriations and with the approval of the governing body of the affected tribe, to make grants from the trust funds to public school districts on or near the reservations. Directs the Secretary to make annual payments in an amount equal to five percent of the appropriate trust income to the ITCA and the governing body of the Navajo tribe. Limits the use of such income to education, child welfare, community development, and general administrative purposes. Prohibits the use of any part of the trust income for scholarship grants for higher education. Provides for the allocation of the monetary proceeds from school property into the trust funds, with 95 percent of the payment to be deposited into the Arizona Intertribal Trust Fund, and five percent to be deposited into the Navajo Trust Fund.
United States · United States Congress · 28 April 1988
Defense Savings Act - Directs the Secretary of Defense to: (1) close or realign military installations as recommended by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission; and (2) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines certain conditions to such closures or realignments, including timely notice to the Congress of the Secretary's decision to accept and implement all of the closures and realignments recommended by the Commission. Terminates the authority of the Secretary to carry out any closure or realignment as of October 1, 1995. Directs the Commission, no later than December 31, 1988, to transmit its report to the Secretary and to the appropriate congressional committees with a certification that it has identified all the military installations to be closed or realigned by reviewing all military installations inside the United States. Authorizes the Secretary to: (1) carry out appropriate action to implement any such closure or realignment; (2) provide appropriate economic adjustment and community planning assistance to communities affected by any such closure or realignment; (3) carry out appropriate activities for the purpose of environmental restoration; (4) sell or exchange any real property under the control of the Department of Defense and located at such an installation; and (5) deposit funds received from any such sale or exchange into the Department of Defense Base Closure Account. Outlines administrative procedures in connection with the sale or transfer of property in connection with a closure or realignment to a Federal, State, or local government entity. Requires the Secretary to include specified information concerning such closures or realignments as part of each annual request to the Congress for authorization of appropriations. Requires the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission and to report the findings and conclusions to the Commission and to the appropriate committees of the Congress no later than September 15, 1988. Requires the Secretary to notify the Congress in writing when a decision is made to carry out a construction project to facilitate a closure or realignment and the amount required for such project is greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account and authorizes appropriations to be transferred to such Account. Requires the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, to report to the appropriate congressional committees on the amount and nature of deposits into, and expenditures from, the Account during such fiscal year. Requires another report from the Secretary, no later than 60 days after the termination of the authority of the Secretary to carry out an alignment or closure under this Act, concerning funds used and remaining in such Account.
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