United States · United States Congress · 19 January 1989
Directs the Federal Trade Commission (FTC) to study deceptive mail practices in conjunction with the sale of products or services related to governmental functions, and the severity of consumer injury from such practices. Requires such study to include an examination of solicitations by non-governmental entities for the purchase of products or services which: (1) are provided either free of charge or at a lower price by the Federal Government; or (2) bear a seal, insignia, trade or brand name, or other term or symbol implying the connection, approval, or endorsement of the Federal Government. Directs the FTC to report on such study to the Congress within 18 months. Directs the FTC to: (1) initiate a trade regulation rule proceeding respecting the deceptive mail practices studied, promptly after completion of the study, if it finds that such a rulemaking is warranted; or (2) include in the report its reasons for determining that such a rulemaking is not warranted.
United States · United States Congress · 19 January 1989
Constitutional Amendment - Proclaims the English language to be the official language of the United States. Prohibits the United States or any State from requiring the use of any other language. States that this article shall not prohibit any law, program, or policy to: (1) provide educational instruction in a language other than English for the purpose of making students proficient in English; (2) teach a foreign language to students who are already proficient in English; (3) protect public health and safety; or (4) allow translators for litigants, defendants, or witnesses. Authorizes the Congress and the States to enforce this article by appropriate legislation.
United States · United States Congress · 19 January 1989
Expresses the sense of the House of Representatives that the Federal excise taxes on gasoline and diesel fuel should not be increased as a means of reducing the Federal deficit.
United States · United States Congress · 3 January 1989
Deceptive Mailings Prevention Act of 1989 - Amends Federal law to declare as nonmailable any mail matter which is designed to resemble a bill, invoice, or statement of account due, but which in fact constitutes a solicitation of donations. Requires such mail matter to bear on its face in conspicuous type that it is a solicitation of donations and that the addressee is under no obligation to make any payment. Declares as nonmailable any mail matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of products or services which are provided free of charge or at a lower price by the Federal Government, or which are substantially the same as such products or services; (2) for the purchase of products or services and which contains a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; and (3) for the contribution of funds and which contains a seal, insignia, trade or brand name, or any other term which could reasonably be interpreted or construed as implying Federal Government connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.
United States · United States Congress · 3 January 1989
Repeals the Medicare Catastrophic Coverage Act of 1988. Establishes the Presidential Commission on the Medicare Program to ascertain the health care needs of Medicare (title XVIII of the Social Security Act) beneficiaries, focusing on the potential of covering long-term care under the Medicare program. Requires the Commission to report to the Congress and the President. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Fairness in America Health Care Act of 1989 - Title I: One-Year Delay in Implementation of Medicare Catastrophic Coverage Act of 1988 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Title II: Bipartisan Commission to Review the Medicare Catastrophic Coverage Act - Establishes the Commission to Review the Medicare Catastrophic Coverage Act to study: (1) the effect implementation of such Act will have on Medicare beneficiaries who currently have supplementary coverage; (2) how such Act's benefits compare with the benefits provided by supplementary coverage; (3) the access Medicare beneficiaries who do not have supplementary or Medicaid (title XIX of the Social Security Act) coverage have to necessary health services; (4) the feasibility and likely cost of implementing such Act's drug benefits; and (5) the benefits and financing mechanisms which Medicare beneficiaries prefer. Directs the Commission to report its findings and recommendations to the Congress within six months of this Act's enactment or by September 1, 1989, whichever is earlier.
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 · 12 October 1988
Local Television Service Act of 1988 - Amends the Communications Act of 1934 to mandate a policy under which the Federal Communications Commission (FCC) allocates VHF (very high frequency) commercial television broadcasting channels in ways that assure no fewer than one such channel to each Principal Metropolitan Statistical Area (PMSA) of more than 1,000,000 persons, if technically feasible. Directs the FCC to: (1) order reallocation of a channel or the hyphenation of a community of license within such a PMSA if a VHF commercial television broadcast station licensee notifies the FCC that it wishes such action; (2) issue a license to the licensee under the changed conditions for a term equal to the term remaining on the existing license; and (3) permit the license to be renewed for another term without considering other applications for the same channel, if certain findings are made. Requires the FCC to initiate rulemaking to ensure primary program service from at least one VHF commercial television station to any PMSA in question that is not receiving such service. Directs the FCC to report to the Congress on these proceedings and on recommendations to achieve the expressed policy.
United States · United States Congress · 30 September 1988
Title I: One-Year Delay in Implementation of Medicare Catastrophic Coverage Act of 1988 - Delays the implementation of the Medicare Catastrophic Coverage Act of 1988 for one year. Title II: Bipartisan Commission to Review the Medicare Catastrophic Coverage Act - Establishes the Commission to Review the Medicare Catastrophic Coverage Act to study: (1) the effect implementation of such Act will have on Medicare (title XVIII of the Social Security Act) beneficiaries who currently have supplementary coverage; (2) how the Act's benefits compare with the benefits provided by supplementary coverage; (3) the access Medicare beneficiaries who do not have supplementary or Medicaid (title XIX of the Social Security Act) coverage have to necessary health services; (4) the feasibility and likely cost of implementing the Act's drug benefits; and (5) the benefits and financing mechanisms which Medicare beneficiaries prefer. Directs the Commission to report its findings and recommendations to the Congress within six months of this Act's enactment.
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
Expresses the sense of the Congress that the Postmaster General should provide and sell a postage stamp to commemorate the 450th anniversary of the discovery of Alta California by Portuguese explorer John Rodrigues Cabrillo. Declares that the stamp should be provided and sold in 1992 and sold for such period as the Postmaster General determines.
United States · United States Congress · 22 September 1988
Honest and Balanced Budget Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1990, Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays from Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Increases the permissible maximum deficit amounts for FY 1990 through 1993. Establishes allowable maximum deficits for FY 1994 and 1995, to reach zero with respect to FY 1996.
United States · United States Congress · 15 September 1988
Constitutional Amendment - Proclaims the English language to be the official language of the United States. Prohibits the United States or any State from requiring the use of any other language. States that this article shall not prohibit any law, program, or policy to: (1) provide educational instruction in a language other than English for the purpose of making students proficient in English; (2) teach a foreign language to students who are already proficient in English; (3) protect public health and safety; or (4) allow translators for litigants, defendants, or witnesses. Authorizes the Congress and the States to enforce this article by appropriate legislation.
United States · United States Congress · 14 September 1988
Patient Identifying Information Confidentiality Act of 1988 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, before disclosing to the Congress any medical record acquired or created by the Public Health Service, to delete identifying information in the record, unless the individual identified gives written consent. Directs the Secretary, for the purposes of cross-referencing the medical records pertaining to a particular individual, to establish by rule a system by which such records may be identified without using identifying information.
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
Authorizes the Secretary of the Army or the Secretary of the Air Force to defer the required discharge of an officer at 64 years of age when such deferment is in the interest of the National Guard.
United States · United States Congress · 3 August 1988
Amends accounting provisions of the Internal Revenue Code to provide that the percentage completion method shall not be required in the case of any residential construction contract that the taxpayer expects to be completed within one year.
United States · United States Congress · 27 July 1988
Declares it to be the policy of the United States to enhance its security and that of the democratic countries of Central America by assisting in the achievement of: (1) democracy in Nicaragua; (2) an end to Soviet, Cuban, and other Communist bloc military or security assistance to Nicaragua; (3) an end to Nicaraguan aggression and subversion against other countries in Central America; and (4) the reduction of the military and security forces of Nicaragua. Requires the President to report bimonthly to the Congress concerning: (1) Nicaraguan violations of certain Central American peace agreements; and (2) the receipt by Nicaragua of Soviet, Cuban, Communist bloc, and other foreign military or security assistance. Authorizes the President to transfer to the Agency for International Development from specified Department of Defense appropriations accounts a specified amount of funds to provide humanitarian assistance, civic action, and nonmilitary training to the Nicaraguan democratic resistance and to strengthen resistance human rights programs. Sets forth specific requirements for the transportation of such assistance, including the indemnification of leased aircraft and the provision of passive air defense equipment for such aircraft. Authorizes the President to transfer a specified amount of funds from Defense Department appropriations accounts to departments and agencies he may designate to be held in escrow to provide additional assistance (including lethal assistance) for the Nicaraguan democratic resistance. Prohibits making such funds available for such additional assistance unless the President certifies to the Congress that: (1) no definitive ceasefire is in place that was agreed to by the Government of Nicaragua and the Nicaraguan democratic resistance; (2) the failure to achieve such a ceasefire results from the lack of good faith efforts by the Government of Nicaragua to comply with certain Central American peace agreements; and (3) the Nicaraguan democratic resistance has engaged in good faith efforts to achieve such a ceasefire. Suspends any lethal assistance being provided after such a certification is made during any time an agreed ceasefire is in place in Nicaragua. Provides that the general authorities and limitations of specified Acts shall be deemed to have been met for the transfer and the use of funds as provided in this Act. Declares that the Congress encourages the President to submit proposals for bilateral and multilateral action to: (1) provide additional economic assistance to the democratic countries of Central America; (2) facilitate the ability of Central American economies to grow through the development of their infrastructure, expansion of exports, and the strengthening of increased investment opportunities; (3) provide a more realistic plan to assist Central American countries in managing their foreign debt; and (4) develop these initiatives in concert with Western Europe, Japan, and other democratic allies. Provides that if the Government of Nicaragua and the Nicaraguan democratic resistance sign a comprehensive final peace agreement: (1) the President shall terminate the trade embargo imposed against Nicaragua; and (2) a specified amount of funds shall be made available to provide assistance for the relocation and reintegration into Nicaraguan civil society of members of the Nicaraguan democratic resistance. Authorizes the President to provide additional economic incentives to Nicaragua if, after 180 days after such final agreement is signed, the President certifies to the Congress that the Government of Nicaragua is continuing to comply with that agreement. Specifies such economic incentives as: (1) designating Nicaragua as a beneficiary country for purposes of the Caribbean Economic Recovery Act; (2) designating Nicaragua as a beneficiary developing country for purposes of the generalized system of preferences; and (3) authorizing loan assistance to Nicaragua under the Export-Import Bank Act of 1945.
United States · United States Congress · 26 July 1988
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 · 13 July 1988
States that the U.S. Government should not make reparations to Iran or persons in Iran on account of the Iranian airline disaster of July 3, 1988, until all nine American hostages being held in Beirut, Lebanon, are freed.
United States · United States Congress · 12 July 1988
States that the U.S. Government should make no reparations to Iran or persons in Iran on account of the Iranian airline disaster of July 3, 1988, until all nine American hostages being held in Beirut, Lebanon, are freed.
United States · United States Congress · 30 June 1988
Expresses the sense of the Congress that the Government of Nicaragua should: (1) fulfill its pledge in the Esquipulas II agreement to grant a general amnesty to all political prisoners; (2) cease inhumane torture and holding prisoners incommunicado; (3) end random arrests for purposes of political intimidation; (4) allow human rights observers in all parts of prison facilities; (5) compensate former political prisoners; and (6) cease human rights violations.
United States · United States Congress · 29 June 1988
Video and Library Privacy Protection Act of 1988 - Amends the Federal criminal code to prohibit a video rental or sales entity or library from: (1) disclosing personally identifiable information about service users; or (2) retaining in a record such information more than one year after certain conditions no longer exist. Sets forth exceptions, including disclosure: (1) to that individual; (2) with that individual's consent; (3) to a law enforcement agency under court order; or (4) when necessary for a legitimate business purpose. Sets forth requirements for the consent exception, including an alternative consent to disclosure which: (1) is limited to the name and address of the user; and (2) the user has been given an opportunity to prohibit. Sets forth requirements for a court order for disclosure to a Federal or State law enforcement agency. Makes any person or entity that violates the prohibitions of this Act liable to any person aggrieved for equitable and declaratory relief, actual damages (with a minimum liquidated amount), punitive damages, and attorney's fees and litigation expenses.
United States · United States Congress · 22 June 1988
Establishes the National Thrift Institutions Commission. Requires the Commission to conduct a continuing study, investigation, and review of: (1) the stability of the Federal Savings and Loan Insurance Corporation (FSLIC); (2) the recapitalization plan of the FSLIC as enacted by the Competitive Equality Banking Act of 1987; and (3) the stability of the thrift industry as a separately regulated industry. Requires the Commission to make specific recommendations regarding: (1) methods to improve the stability of the FSLIC; and (2) methods to enhance the capital adequacy and overall stability of the thrift industry. Requires the Commission to submit a final report to the President and the Congress on April 1, 1989. Authorizes the President to extend the date for the submission of such report to May 1, 1989. Limits the total expenses of the Commission. Terminates the Commission 30 days after submission of its final report.
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 · 15 June 1988
Amends the Higher Education Act of 1965 to prevent double-counting of income in the conduct of needs analysis for student assistance programs under such Act.
United States · United States Congress · 1 June 1988
Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for such proceedings and the effect of such debarment. Requires grantees or contractors, within 90 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) terminate or suspend such employee's employment in accordance with applicable law and collective bargaining agreements; or (2) give such employee the opportunity to participate in an approved drug rehabilitation program. Provides for exceptions to the requirements of this Act in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this Act.
United States · United States Congress · 12 May 1988
Directs the Secretary of the Interior to transfer to the Bighorn Institute of Palm Desert, California, a parcel of land currently leased to the Institute under the Recreation and Public Purposes Act. Allows the Secretary to exempt from such transfer a certain segment of such land which is subject to a controversy relating to trespass until such controversy is resolved. Reserves mineral rights to the United States. Provides for the reversion of lands to the United States if used for any purpose other than wildlife biology and veterinary medicine.
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 · 26 April 1988
Cooperative Child Care Act for Responsible Efforts - Title I: Grants for Small Businesses - Directs the Administrator of the Small Business Administration to make grants of up to $250,000 each to eligible applicants to provide employee child care. Sets out eligibility requirements. Limits the number of grants to eight each fiscal year, half of which must be made to businesses in metropolitan areas having populations of at least 500,000. Directs the Administrator to present an evaluation of the grant projects to specified congressional committees no later than March 31, 1992. Authorizes appropriations. Title II: Tax Incentives for Small Businesses - Amends the Internal Revenue Code to permit small businesses a ten percent investment tax credit in connection with certain depreciable property used as part of an on-site child care facility owned and operated by the employer for the care of enrollees, at least 50 percent of whom must be dependents of the employer's employees. Provides for recapture of the credit amount if the facility ceases to be a qualified child care center. Limits eligibility for the credit to small businesses having average annual gross receipts of $5,000,000 or less for the preceding three-year period. Permits the same small businesses a ten percent tax credit for expenses paid or incurred to operate such a facility. Title III: National Advisory Commission on Public and Private Cooperative Child Care Efforts - Establishes the National Advisory Commission on Public and Private Cooperative Child Care Efforts to study and report to specified congressional committees and to persons appointing Commission members concerning ways to promote coordination between Federal programs and American businesses in providing quality child care to working parents. Terminates the Commission 30 days following the submission of its required report. Authorizes appropriations.
United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 12 April 1988
Recreation and Public Purposes Amendment Act of 1988 - Authorizes the Secretary of the Interior to convey title, with a limited reverter provision, to lands to be used for solid waste disposal or purposes which may include, or result in the release of, hazardous substances. Provides for reversion of conveyed lands not used for the stated purposes within five years of their conveyance. Requires pricing for such conveyances to be determined in accordance with current Federal law, except that no compensation shall be required for the inclusion of only a limited reverter in the patent (conveyance agreement). Requires such document to include a provision that the lands shall not revert to the United States by operation of law if the lands are used for the stated purposes. Authorizes the Secretary to release (for a patent holder or on the Secretary's own initiative) the reverter provision contained in such patent on a finding that the lands have been or are being used for solid waste disposal or for purposes which may result in the release of hazardous substances. Provides that, upon such reverter release, such lands shall not revert to the United States by operation of law, or be subject to current Federal provisions concerning permissible uses of such properties. Authorizes the Secretary, with regard to lands leased for the above-stated purposes, to issue a patent to such lessee without compensation, on a finding that the lands have been or are being used for solid waste disposal or for purposes which may result in the release of hazardous substances. Provides the same non-reverter protection to such lessees as is provided to patent holders of such lands under this Act.
United States · United States Congress · 30 March 1988
Federal Law Enforcement Officers Death Penalty Act of 1988 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 30 March 1988
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
United States · United States Congress · 23 February 1988
Authorizes the Secretary of the Interior, in order to provide for water conservation, to: (1) construct a new lined canal or to line the presently unlined portions of the All-American Canal of the Boulder Canyon Project; and (2) implement measures to replace incidental fish and wildlife values foregone. Provides that the water conserved by the project shall be available for beneficial consumptive use within California as specified in existing water delivery contracts. Entitles participating contractors to a proportionate share of the water conserved. Directs the Secretary to study the impact of the project on the operation and maintenance of the existing All-American Canal and its Coachella Branch and to provide for certain additional costs if necessary. Requires the cost of the project to be paid from funds advanced by the participating contractors and in accordance with terms and conditions acceptable to the Secretary. Provides that title to all constructed facilities shall rest with the United States, subject to disposal by the Secretary at his discretion as permitted under certain existing repayment contracts.
United States · United States Congress · 9 February 1988
National Historical Publications and Records Commission Amendments of 1988 - Provides for staggering the terms of certain appointees to the National Historical Publications and Records Commission. Entitles all Commission members to travel expenses (including per diem in lieu of subsistence). Requires the chairman of the Commission to transmit to the President and the Congress from time to time, and at least biennially, its the plans, estimates, and recommendations. Authorizes the Commission to conduct institutes, training, and educational programs and to sponsor fellowships related to its activities. Authorizes the Commission to disseminate information about documentary sources through guides, directories, and other technical publications. Authorizes the Commission to recommend the expenditure of appropriated or donated funds for the collecting, describing, preserving, compiling, and publishing of significant documentary sources. Authorizes the Archivist of the United States to make allocations to Federal agencies and grants to State and local public and nonprofit entities after considering the advice and recommendations of the Commission. Authorizes appropriations to the Commission for FY 1989 through 1993.
![Official portrait of Rep. McCandless, Alfred A. (Al) [R-CA-44]](https://www.congress.gov/img/member/m000306_200.jpg)