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 Directs the Secretary of the Interior to determine which public lands withdrawn meet the disposal criteria specified in the Federal Land Policy and Management Act of 1976 and to notify Kanab City concerning such determination.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 · 7 September 1988
Indian Health Care Amendments of 1988 - Title I: Indian Health Manpower - Amends the Indian Health Care Improvement Act to authorize appropriations for specified Indian health programs for FY 1988 through 1992, including scholarship programs and continuing education allowances. Prohibits the Secretary of Health and Human Services (the Secretary) from denying scholarship assistance solely on the basis of an applicant's scholastic achievement if such applicant has been admitted to, or maintained good standing at, an accredited health professions institution. Directs the Secretary to grant Indian Health Scholarships to Indians enrolled full-time in certain schools for health professionals. States that the active duty service requirements of the Public Health Service Act can be met by service: (1) in the Indian Health Service (Service); (2) in a program conducted under a contract entered into under the Indian Self-Determination Act; (3) in a program assisted under this Act; or (4) in private practice if it is in a health professional shortage area and addresses the health care needs of a substantial number of Indians. Makes conforming amendments relating to the Indian Health Scholarship Program under the Public Health Service Act. Amends the Public Health Service Act to make Native Hawaiians, subject to available appropriations, eligible for scholarships under the Indian Health Scholarship Program. Authorizes appropriations for FY 1989, and for each fiscal year thereafter. Directs the Secretary, under the Snyder Act, to maintain a Community Health Representative Program to provide for the training and the use of Indians as health paraprofessionals to Indian communities. Establishes the Indian Health Service Loan Repayment Program to assure an adequate supply of health professionals by allowing repayment of educational loans for obligated service in an Indian Health program. Requires annual reports to the Congress on operation of the program. Authorizes appropriations. Authorizes the Secretary to reimburse the travel expenses of health professionals seeking Service positions. Requires the Secretary to fund Indian projects to recruit, place, and retain health professionals. Authorizes appropriations. Establishes a program of advanced training and research for Indian health professionals, requiring obligated service for three times the period during which the person participates in the program. Title II: Health Services - Enumerates the health services for which the Secretary is authorized to expend funds for the improvement of the health of Indians. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Conditions the allocation of such funds upon the health resource deficiency level of the affected Indian tribes. Permits the allocation of such funds on a service unit basis. Directs the Secretary to establish a review mechanism for tribal petitions regarding the health resource deficiency level of a tribe. Makes programs administered by tribal organizations under the Indian Self-Determination and Education Assistance Act eligible for specified funds on an equal basis with programs administered directly by the Indian Health Service. Provides that a reasonable portion of funds from the Indian Health Care Improvement Fund that are used for contracts under the Indian Self-Determination and Education Assistance Act may be used for health planning, training, technical assistance, and other administrative support functions. Requires the Secretary to submit to the Congress a current health services priority system report, including the methodology for determining tribal health resources deficiencies, and the funds needed to raise all tribes to a zero level deficiency. Directs the President to include with the submission of the budget a separate statement identifying funding requests. Authorizes appropriations for FY 1990 through 1992 for specified health services. Designates such appropriations as the Indian Health Care Improvement Fund. Establishes an Indian Catastrophic Health Emergency Fund to meet the extraordinary medical costs for victims of disasters or catastrophic illness. Authorizes appropriations. Prohibits the use of such funds to offset or limit appropriations made under other Acts. Requires the Secretary to provide health promotion and disease prevention services to Indians. Requires the Secretary to include in each health services priority system report an evaluation of the health promotion and disease prevention needs of Indians and the resources that are necessary to meet them. Establishes a diabetes prevention, treatment, and control program with diabetes screening, model diabetes project continuance and establishment, and diabetes control officer positions. Authorizes appropriations. Directs the Secretary to establish in the State of Hawaii, as a demonstration project, a Native Hawaiian Program for Health Promotion and Disease Prevention to meet the unique health care needs of Native Hawaiians. Authorizes the Secretary to enter into contracts with Native Hawaiian organizations to assist the Secretary in providing health care services under the Native Hawaiian demonstration project. Requires the Secretary to enter into a contract with a Native Hawaiian organization to: (1) conduct a study to determine the incidence of diabetes among Native Hawaiians and ways to reduce its incidence; and (2) prepare an inventory of health care programs within Hawaii that are available for the treatment, prevention, or control of diabetes among Native Hawaiians. Requires such organization to prepare and transmit a report to the Secretary. Requires the Secretary to submit such report to the Congress and the President. Directs the Secretary to enter into contracts with Native Hawaiian organizations to: (1) establish a diabetes control program; (2) promote coordination between all health care providers in the delivery of diabetes-related services to Native Hawaiians; (3) establish a model diabetes program to serve Native Hawaiians in Hawaii; (4) develop an outreach program to assure the diagnosis, prevention, and treatment of diabetes among Native Hawaiians; (5) develop a standardized system to collect, analyze, and report diabetes data among Native Hawaiians; and (6) conduct diabetes research and coordinate such research with State agencies and the Department of Health and Human Services. Directs the Secretary to submit certain reports to the Congress. Requires the Secretary to: (1) include in contracts with Native Hawaiian organizations conditions to ensure that the objectives of such contracts are achieved; (2) develop procedures to evaluate compliance with, and performance of, contracts entered into by Native Hawaiian organizations; and (3) conduct an annual onsite evaluation of each Native Hawaiian organization. Sets forth specified actions the Secretary may take if a Native Hawaiian organization does not comply with the conditions of a contract. Permits the Secretary, at the request or consent of a Native Hawaiian organization, to amend contracts entered into with such organizations. Requires each Native Hawaiian organization to submit to the Secretary a quarterly report of its activities. Authorizes appropriations for FY 1989 through 1992. Provides that the United States shall have the right to recover reasonable expenses incurred by the Secretary in the provision of health services, through the Service, to individuals. Requires all funds reimbursed to the United States by reason of the provision of such services to be retained and be available to carry out the programs to provide health care services to Indians. Title III: Health Facilities - Requires the Secretary to consult with any Indian tribe that would be significantly affected by an expenditure for health facilities before the Secretary makes a commitment for such an expenditure. Conditions the closure of any health care facility upon the Secretary's submission to the Congress of an impact assessment one year prior to the contemplated closing. Directs the President to include with the budgets submitted for FY 1990 through 1992 program justification documents for the construction of 20 Indian health facilities. Requires the Secretary to submit to the Congress a report relating to the current health facility priority system. Authorizes the Secretary to provide financial and technical assistance for the operation and maintenance of sanitation facilities, utility organizations, and emergency repairs of sanitation facilities. Directs the Secretary to implement a ten-year plan to provide safe water and sanitary sewage and solid waste disposal facilities to Indian homes and communities. Requires the Secretary to submit to the Congress a report with respect to current Indian sanitation. Authorizes appropriations for FY 1990 through 1992. Permits tribes, subject to acceptance by the Secretary, to expend certain non-Indian Health Service funds for the renovation of Indian Health Service facilities, subject to specified conditions. Authorizes the Secretary to exchange certain real property with the Bethel Native Corporation (Alaska). Title IV: Urban Indian Health Services - Directs the Secretary to contract with urban Indian organizations to administer health services programs in urban areas. Sets forth specified requirements to be included in such contracts. Lists criteria for the selection of such organizations. Authorizes the Secretary to enter into contracts with urban Indian organizations to determine the health status and unmet health care needs of urban Indians in affected urban areas. Delineates the requirements of such contracts. Requires the Secretary to: (1) develop evaluation procedures for the performance of the contracts entered into under this title; and (2) conduct annual onsite evaluations of each contracting urban Indian organization. Prescribes guidelines for the renewal of health care or referral services contracts. Prohibits renewal of contracts for determination of unmet health needs if such an organization's performance has been noncompliant or otherwise unsatisfactory and problems cannot be resolved. Sets forth other specified contract requirements. Requires urban Indian organizations to submit a quarterly report to the Secretary. Redefines "urban Indian organization" to mean a nonprofit corporate body situated in an urban center and governed by an urban Indian controlled board of directors. Title V: Organizational Improvements - Requires the Secretary to: (1) establish an automated management information system for the Indian Health Service; and (2) provide such systems to Indian tribes and tribal organizations that provide health services under contracts with the Service. Directs the Secretary to reimburse each tribe and tribal organization for the cost of the operation of such system that is used for the treatment of Service patients. Title VI: Miscellaneous Provisions - Authorizes the Secretary to enter into legal agreements with Indian tribes or tribal organizations in order to provide compensation for facility space costs associated with the administration and delivery of health services by the Indian Health Service or by tribally operated programs. Extends to FY 1991 the time during which Arizona is designated as a contract health service delivery area. Requires the Secretary to submit a report to the Congress containing specified data determining which Indians in California should be eligible for health services. Specifies those Indians considered eligible until the Congress takes further action. Designates the State of California, excluding specified counties, as a contract health service delivery area. Provides that the Service shall fund tribal contract facility costs for clinic repairs, employee training, employee cost of living increases, and other health services expenses on the same basis as such funds are provided to facilities operated directly by the Service. Restricts circumstances under which the Secretary may remove a member of the National Health Service Corps who is performing obligated service in a health facility operated by or under the Service. Authorizes the Secretary under certain circumstances to provide medical care or benefits by the Service to otherwise ineligible persons. Sets a deadline by which the Secretary must develop and implement a plan to reduce Indian infant and maternal mortality and fetal alcohol syndrome rates. Directs the Secretary to provide contract health services to the Turtle Mountain Band of Chippewa Indians who reside in the Trenton Service Area of specified counties in the States of North Dakota and Montana. Requires the Secretary to examine the feasibility of the sharing of medical facilities and services between the Service and the Veterans Administration. Requires the implementation of an agreement allowing reciprocal care between Service facilities at Fort Duchesne, Utah, and VA facilities at Salt Lake City, Utah. Requires the Secretary to report certain reallocations of base resources to the Congress. Requires the Secretary to make grants to: (1) the Tohono O'odham Tribe of Arizona to establish a four-year demonstration project for assumption of the health care delivery system for the Tribe; and (2) the Eight Northern Indian Pueblos Council, San Juan Pueblo, New Mexico, to provide substance abuse treatment services. Requires the Secretary to provide health care services for Indians in Montana. Requires a study to determine the number of active nuclear resource development sites on Indian lands and the associated health hazards. Requires a report to the Congress. Prohibits the use of Depo-Provera for contraceptive and other purposes by the Service. States that any limitation on the use of funds contained in a Department of Health and Human Services appropriation Act with respect to the performance of abortions shall apply for the same period with respect to the performance of abortions using funds contained in an Indian Health Service appropriations Act.
United States · United States Congress · 11 August 1988
Declares that specified land in San Juan County, Utah (formerly used as a site for a school for the Ute Indians), is to be held in trust by the United States for the benefit of the Ute Mountain Indian Tribe. Provides that such land is to be considered as part of the Ute Mountain Indian Reservation.
United States · United States Congress · 2 August 1988
Amends the Federal criminal code to provide penalties for the disclosure by Federal employees of information: (1) that is related to a specific procurement, if sealed bids have been solicited or competitive proposals have been requested and the award of a contract has not yet been made; or (2) that is related to a specific plan or program for a procurement, in relation to which neither sealed bids have been solicited nor competitive proposals requested; and that, taken alone or together with other information, would reasonably be expected to afford a prospective competitor an advantage over other prospective competitors.
United States · United States Congress · 14 July 1988
Women's Business Ownership Act of 1988 - Title I: Congressional Findings and Purposes - Sets forth congressional findings and purposes with respect to small businesses owned and controlled by women. Title II: Demonstration Projects - Amends the Small Business Act to direct the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct demonstration projects giving financial, management, and marketing assistance to small businesses, including start-up businesses, owned and controlled by women. Describes application criteria. Requires the SBA to report to the congressional Small Business Committees on the projects. Terminates authority for this pilot program on October 1, 1991. Authorizes appropriations. Title III: Procurement Assistance - Amends the Small Business Act to include small business concerns owned and operated by women as a discrete group for purposes of Government contracts and subcontracts and procurement programs. (Current law governing these programs refers expressly only to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals as groups targeted for assistance.) Instructs the Director of Small and Disadvantaged Business Utilization of each Federal agency to designate a Women-in-Business Specialist to be responsible for programs designed to assist concerns owned and controlled by women. Directs Federal agencies, in their procurement activities, to engage in affirmative action to identify and solicit offers from small businesses owned and controlled by either women or socially and economically disadvantaged individuals. Title IV: Access to Capital - Amends the Consumer Credit Protection Act to prohibit the Federal Reserve Board, except under limited circumstances, from exempting from such Act's provisions any class of transactions that are primarily for personal, family, or household purposes, or business or commercial loans made available by a financial institution. Limits to five years any exemption authorized under the circumstances specified in this Act, unless a subsequent determination is made that the exemption remains appropriate. Requires lenders to keep records relating to loans and to provide written notice to applicants of their right to receive notice of reasons for a loan denial. Authorizes the SBA to establish a certified loan program for lenders that display knowledge and proficiency with respect to SBA regulations and programs. Directs the SBA to encourage small business loans of $50,000 or less under both this new program and the preferred lenders program in FY 1989 through 1991 by permitting participating lenders to: (1) use their own forms without regard to SBA paperwork; and (2) retain one-half of the loan guarantee fee. Requires SBA reporting to specified congressional committees in connection with the certified loan program. Directs the Federal Reserve Board, the Comptroller of the Currency, the Department of Commerce, and the SBA jointly to study levels of availability of and demand for debt and equity capital by small businesses, as well as innovative financing techniques to meet any unmet demand. Requires reporting to the congressional Small Business Committees. Title V: National Women's Business Council - Establishes the National Women's Business Council to review the status of women-owned businesses nationwide and to develop detailed multiyear plans in connection with both private and public sector actions to assist and promote such businesses. Requires annual reporting to both the President and the Congress. Title VI: Statistical Data and Effect on Other Programs - Directs: (1) the Bureau of Labor Statistics to include in its census reports on women-owned businesses specified information on sole proprietorships, partnerships, and corporations; (2) the Bureau of the Census to include in its Business Census data the number of corporations that are 51 percent or more owned by women; (3) the SBA's Office of the Chief Counsel for Advocacy to report on the most cost-effective and accurate ways to gather and present the statistics required in these census reports; and (4) Federal agencies to report to the Office of Federal Procurement Policy the number of first-time contract recipients that are small businesses owned and controlled either by women or by socially and economically disadvantaged individuals. Requires the President's annual Report on Small Business and Competition to include in separate detail information relevant to small businesses owned and controlled either by women or by socially and economically disadvantaged individuals.
United States · United States Congress · 14 July 1988
Computer Virus Eradication Act of 1988 - Amends the Federal criminal code to impose penalties upon individuals who knowingly: (1) insert into a computer program information or commands which will result in a loss to users of such program; or (2) provide such program to others who do not know of such insertion. Permits an individual who has suffered a loss as a result of such a computer program to seek redress in a civil action.
United States · United States Congress · 14 July 1988
Independent Procurement Corps Act of 1988 - Title I: Independent Procurement Corps - Establishes as an agency in the executive branch the Independent Procurement Corps, to be headed by a Director appointed by the President. Outlines provisions concerning requirements for staffing, education, training, and pay. Outlines duties of the Corps, including the following: (1) receiving information, analysis, and advice from officers of the armed forces with regard to the need and justification for major defense systems; (2) consulting with such officers about such need and justification but having the final authority over which systems are to be researched, developed, and produced; (3) carrying out functions and relevant acquisition regulations of the Department of Defense (DOD) relating to the research, development, and production of major systems; (4) operating as the sole negotiator with representatives of the private sector doing business with DOD; and (5) determining funding priorities and submitting to the President each fiscal year an appropriations request reflecting those priorities. Provides Corps personnel limitations, prohibiting a person from serving as Director if such person has been employed by a defense contractor or has served as an officer of the armed forces during the five years preceding nomination as Director. Prohibits a former Director from accepting compensation for five years after leaving office from any company under contract with DOD during the period such person served as Director. Provides similar three-year limitations for staff members of the Corps. Requires the Director to submit to the President, the Congress, and the Secretary of Defense annual reports on the activities of the Corps. Provides that the Under Secretary of Defense for Acquisition shall be the chief liaison between DOD and the Corps for purposes of communicating the views of the Department on acquisition matters relating to major systems. Terminates certain duties of the Under Secretary that are transferred to the Corps under this Act. Title II: Inspector General for Defense Procurement - Establishes the Office of the Inspector General for Defense Procurement as an independent office in the executive branch. Places at the head of the Office an Inspector General for Defense Procurement, to be appointed by the President by and with the advice and consent of the Senate and removable from office by the President. Requires the Inspector General to appoint: (1) an Assistant Inspector General for Auditing, who shall be responsible for auditing the programs and operations of the Independent Procurement Corps; and (2) an Assistant Inspector General for Investigations, who shall be responsible for supervising the performance of investigative activities relating to such programs and operations. Outlines the duties and responsibilities of the Inspector General, including: (1) to conduct audits and investigations relating to the programs and operations of the Corps; (2) to review existing and proposed legislation and regulations relating to such programs and to make recommendations to improve the economy and efficiency of such programs and operations; (3) to provide and recommend policy for such programs and operations; (4) to recommend policies for the Corps and other Federal agencies and other entities with respect to the improvement of such programs and operations and the prevention and detection of fraud or abuse in such programs; (5) to keep the President, the Secretary of Defense, the Director of the Corps, and the Congress informed concerning fraud and other serious problems and deficiencies relating to the administration of programs and operations of the Corps, to recommend solutions to such problems, and to report on progress made in implementing such corrective action; (6) to investigate fraud, waste, and abuse uncovered as a result of audits; (7) to develop policy, monitor performance, and provide guidance with respect to all Corps activities relating to criminal investigation programs; (8) to monitor and evaluate the adherence of Corps auditors to proper audit review principles, policy, and procedure; and (9) to develop policy, evaluate performance, and monitor actions taken by the Corps in response to contract audits, reviews, and audits conducted by the Comptroller General of the United States. Requires the Inspector General to coordinate all activities required under this Act with the Comptroller General. Directs the Inspector General to report to the Attorney General whenever he or she has reasonable grounds to believe there has been a violation of Federal criminal law (and to the Secretary of the military department concerned, for alleged violations of the Uniform Code of Military Justice). Requires the Inspector General to ensure that his or her duties are carried out in a manner that avoids compromising or endangering the national security. Directs the Inspector General to submit semiannual activity reports to the President, the Secretary of Defense, the Director of the Corps, and the Senate and House Armed Services Committees (the defense committees) and to make such reports public. Requires the Inspector General to report immediately to such entities whenever he or she becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of the Corps. Limits disclosure of such information to the public. Outlines other administrative and procedural powers granted to the Inspector General in carrying out this Act (such as the authority to have access to records and information, to issue subpoenas to summon witnesses, and to select and employ such officers and employees as necessary). Requires the Director, Corps personnel, the military departments, the defense agencies, and the Secretary to furnish the Inspector General such information and assistance as requested as part of an investigation, audit, or inspection under the provisions of this Act. Directs the Inspector General to report to the President, the Secretary, the Director, and the defense committees whenever information is refused or not provided. Directs the Administrator of General Services to provide the Office with all appropriate space and support. Authorizes the Inspector General to receive and investigate complaints or information from an employee of the Corps concerning violations of law, mismanagement of funds, waste, abuse, or substantial and specific danger to the public health and safety. Prohibits the Inspector General from disclosing the identity of any such employee, unless such disclosure is unavoidable during the course of the investigation. Prohibits reprisals against any employee for making a complaint or disclosing information to the Inspector General. Provides personnel limitations for the Office, prohibiting a person from serving as Inspector General if such person has been employed by a defense contractor or was a member of the armed forces during the five years preceding nomination as Inspector General. Prohibits a former Inspector General from accepting compensation for five years after serving in such position from any company under contract with DOD during the period such person served as Inspector General. Provides similar three-year limitations for employees of the Office. Prohibits any member of the armed forces, active or reserve, from being appointed to the Office under this Act.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 12 July 1988
Drought Assistance Act of 1988 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to add a new title VI which may be cited as the "Emergency Livestock Feed Assistance Act of 1988." Directs the Secretary of Agriculture to provide emergency feed assistance in any State, county, or area of a State where disease or other natural disaster has created a livestock emergency. States that the Governor of a State or a county committee may request the Secretary to make a livestock emergency determination and to provide assistance. Authorizes the Secretary to make such determination on his own initiative. Requires the Secretary to make such determination within 30 days of request and to notify the requesting party of any proposed action. States that producers in counties eligible for the emergency feed or emergency feed assistance programs in 1988 shall maintain such eligibility and be eligible for assistance under this title. Directs the Secretary to determine such counties' eligibility for assistance under this title. States that an eligible producer may receive assistance as follows: (1) assistance to offset inadequate feed stocks resulting from on-farm losses; and (2) assistance to maintain foundation herds if the producer does not have, and is unable to obtain through normal channels without undue cost, necessary feed stocks. Sets forth the following assistance programs available under this title: (1) Commodity Credit Corporation (CCC) feed donations and reduced price sales; (2) partial reimbursement of feed purchase expenses; and (3) partial reimbursement of transportation and handling costs for such CCC feed, for hay, and for transporting livestock to and from available grazing areas (not to exceed $24 a head). Permits the Secretary to: (1) make in-kind payments; and (2) provide assistance through feed dealers or manufacturers. Authorizes the Secretary to provide the following additional assistance if necessary: (1) CCC feed donations for stranded and unidentified livestock, including transportation costs; (2) water assistance; and (3) CCC catalog commodities in lots appropriate to family farmers. Limits total assistance under this title for each livestock disaster to any one person to $50,000. Subjects each person (including individual members of a cooperative producer association) to the overall payment limitation ($100,000) under this Act. Prohibits a person from receiving assistance under this title for lost feed production due to the 1988 drought to the extent that such person receives production disaster payments under this Act. Subjects persons who misuse such assistance to a civil penalty equal to the market value of the involved fee, and a fine of up to $1000 or imprisonment for up to one year, or both. Amends the Agricultural Act of 1949 to repeal the Secretary's authority to reduce 1989 milk price supports (50-cents per hundredweight). Title II: Disaster Payment - Provides that, for producers of the 1988 crops of wheat, feed grains, upland cotton, extra long staple cotton, or rice who participated in the production adjustment program under the Agricultural Act of 1949, the Secretary shall make disaster payments to those producers who have suffered at least 35 percent production losses due to the 1988 drought or related condition. States that such payments shall be made at a rate equal to 65 percent of the established price for deficiencies below 65 percent. Exempts such producers from advance deficiency repayments for up to 35 percent of crop losses. Permits eligible producers who had elected not to receive such payments prior to enactment of this Act to change their decision. Provides similar disaster payments to producers who did not participate in such production adjustment program. Bases payments on the basic county loan rate (or comparable price). Provides similar disaster payments to producers of the 1988 crops of peanuts, tobacco, sugar beets, and sugarcane. Bases payments for peanuts and tobacco on the basic county loan rate (or comparable price), and for sugar beets and sugarcane on 1988 price support levels. Provides for prevented planting credit. Sets forth special payment provisions for peanuts, including deficiency payments based on quota and additional peanuts. Provides similar disaster payments to producers of the 1988 soybean and nonprogram crops. Bases payments on a specified percentage of the average market price received in three of the last five years (excluding high and low years). Provides for prevented planting credit. Reduces payments to producers with Federal crop insurance under a specified crop-type determination. Authorizes the Secretary to transfer CCC funds during FY 1988 to the Agricultural Stabilization and Conservation Service to carry out the provisions of this title. Directs the Secretary, within 15 days after enactment of this Act, to announce the terms by which producers may prove their yield on crops harvested for silage or other forage uses. Directs the Secretary to make disaster payments under this title in the form of cash, commodities, or commodity certificates. Limits individuals to $100,000 in disaster payments. Limits a person to $100,000 of combined assistance for crop disaster assistance and livestock disaster assistance. Permits a person to elect which form of assistance to receive. Prohibits a person from receiving disaster payments attributable to 1988 drought-caused crop losses to the extent that such person receives livestock emergency benefits for such lost production under the Agricultural Act of 1949. Title III: General Provisions - Subtitle A: Commodity Stock Adjustment - Amends the Agricultural Act of 1949 to authorize the Secretary, if an acreage limitation program is in effect for 1989 and 1990, to permit producers to plant soybeans or sunflowers on between ten percent and 35 percent of permitted crop acreage. Expresses the sense of the Congress that the Secretary should provide export assistance for cottonseeds and sunflower seeds if such crop prices are adversely affected by soybean and sunflower plantings under this title. Directs the Secretary to permit producers to designate any portion of their 1989 or 1990 farm acreage base for oats if the feed grain acreage base for such years is less than 12.5 percent. Expresses the sense of the Congress that, with respect to the 1989 and 1990 feed grain crops, if such crops' acreage limitation percentage exceeds 12.5 percent the Secretary should establish the lowest possible oats acreage limitation if market imbalances for barley and oats exist. Provides that, effective for the 1988 marketing year for wheat and feed grains, producers may repay specified commodity loans without additional interest or other specified charges if the producer reserve program trigger level has been met. Provides that, if during the 1988 marketing year the Secretary permits producers to place wheat and feed grains into the producer reserve, no storage payments nor interest forgiveness shall be permitted on such stored commodities during the marketing year. Subtitle B: Disaster Credit and Forbearance - Directs the Secretary to ensure, to the maximum extent practicable, that Farmers Home Administration direct operating loans for 1989 crop production are made available to producers suffering major losses resulting from the 1988 drought or related condition. Directs the Secretary to make available in FY 1989 specified operating loan guarantees, in addition to existing purposes for such guarantees, to refinance and reamortize 1988 operating debt resulting from major farming or ranching losses resulting from the drought or related condition. Expresses the sense of the Congress that the Secretary should exercise forbearance in debt collection and encourage similar actions by commercial lenders and expedited loan restructuring with respect to producers suffering major drought losses. Subtitle C: Conservation and Water Assistance - Provides that with respect to a producer who harvested hay during the 1988 crop year on conservation reserve program acreage, such producer's rental payments shall not be reduced to the extent that he or she shares the cost of carrying out practices designed to enhance soil, water, and wildlife conservation on such land (or in the vicinity of such land) in accordance with a Soil Conservation Service approved plan. Authorizes the Secretary to: (1) undertake water-problem related projects, including research, grants, technical assistance, loans, and extension services; (2) cooperate with other Federal agencies, State or local units, or public or private entities; and (3) accept funds from non-Federal sources to carry out such activities. Authorizes appropriations. Subtitle D: Rural Businesses - Directs the Secretary to make rural industrialization loans or loan guarantees during FY 1989 to assist rural businesses (including cooperatives) adversely affected by the 1988 drought or related condition. Requires any such loan to meet applicable Consolidated Farm and Rural Development Act eligibility requirements. Directs the Secretary, within 90 days of enactment of this Act, to conduct a survey of agriculture-related rural businesses to determine the adverse effects of the 1988 drought and report to the appropriate congressional committees.
United States · United States Congress · 12 July 1988
Prohibits the payment of any compensation by the United States to Iran or citizens of Iran on account of the downing of Iran Air Flight 655 by the USS Vincennes on July 3, 1988.
United States · United States Congress · 12 July 1988
Prohibits the Federal Communications Commission from adopting revisions of the rules and policies in the proceeding "Policy and Rules Concerning Rates for Dominant Carrier," CC Docket 87-313, unless the changes expressly provide for: (1) the proper functioning of the long-term support mechanisms for the carrier common line rates administered by the National Exchange Carrier Association; (2) the maintenance of uniform nationwide long distance rates by dominant interexchange carriers; and (3) the use of an industry-wide rate of return to determine costs for access tariffs and to calculate the Universal Service Fund. Requires the FCC to report to the Congress the compliance of revisions with these conditions. Postpones effectiveness of any rule or policy revisions until 60 days have elapsed during which both Houses of the Congress are in session.
United States · United States Congress · 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 · 11 July 1988
Amends the Water Resources Research Act of 1984 to reauthorize the grant program for water resources research and technology institutes on a dollar-for-dollar matching basis for FY 1989 through 1993. Requires that such funds be used only for the reimbursement of direct cost expenditures incurred for the conduct of the water resources research program. Directs the Secretary of the Interior to conduct an evaluation of each institute every five years to determine if it qualifies for further support. (Currently the Secretary must make such determination every four years.) Extends the authorization of appropriations for the grant program from FY 1989 through 1993. Authorizes appropriations for FY 1989 through 1993 only for the reimbursement of the direct cost expenses of additional research by institutes which focuses on water problems and issues of a regional or interstate nature beyond those of concern only to a single State and which related to specific program priorities identified jointly by the Secretary and the institutes. Requires such funds when appropriated to be matched on a not less than dollar-for-dollar basis by non-Federal sources. Extends the authorization of appropriations from FY 1989 through 1993 for the matching grant research program concerning any aspect of a water resource-related problem which the Secretary deems to be in the national interest. Authorizes appropriations to extend the technology grant program from FY 1989 through 1993.
United States · United States Congress · 11 July 1988
Acknowledges the contribution made by the Iroquois Confederacy and other Indian nations to the formation and development of the United States. Reaffirms the government-to-government relationship between the United States and Indian tribes. Reaffirms the trust responsibility and obligation of the Government to Indian tribes, including Alaska Natives. Acknowledges the need to exercise good faith in upholding treaties with the various tribes.
United States · United States Congress · 30 June 1988
Uranium Revitalization, Tailings Reclamation and Enrichment Act of 1988 - Expresses the purposes of this Act, including to ensure a domestic supply of uranium for defense and nuclear power programs and to establish a system for financing reclamation at uranium and thorium processing sites. Title I: Uranium Revitalization - Amends the Atomic Energy Act of 1954 to repeal: (1) the authority of the Nuclear Regulatory Commission to enter into contracts for producing or enriching special nuclear material; and (2) the requirement that the Secretary of Energy monitor the viability of the domestic uranium mining and milling industry and report to the Congress thereon. Establishes the Uranium Revitalization Fund for the purchase of domestic uranium by the Secretary of Energy (the Secretary). Mandates contributions to the Fund from: (1) States in which active uranium processing sites are located; (2) owners or licensees of such active sites; (3) the United States Enrichment Corporation (established by this Act); and (4) fees received from owners or operators of civilian nuclear power reactors. Prescribes a contribution schedule. Requires the Secretary to obligate from the Fund certain amounts for domestic uranium purchases from small domestic producers for specified years. Outlines a competitive bidding system for such pruchases. Requires the Secretary, within 180 days after the date of enactment of this Act, to develop recommendations and implement programs promoting domestic uranium exports. Restricts the use of federally-owned natural uranium stockpiles to: (1) military purposes; (2) Federal research; and (3) certain activities of the United States Enrichment Corporation (the Corporation). Requires annual certification to the Secretary of the total weight of uranium in new fuel assemblies loaded during the past year by owners or operators of civilian nuclear power reactors between 1990 and such year that $1,000,000,000 has been contributed to the Fund. Declares that the use and purchase of natural uranium under this Act shall not decrease the demand for natural uranium by United States utilities. Restricts the use of natural uranium purchased by the Corporation to overfeeding and enriched uranium preproduction. Authorizes the Corporation to use or recycle enrichment tails only for military purposes or for replacement of certain uranium previously used in over-feeding. Title II: Remedial Action Performed by the Owner or Licensee of Active Sites - Provides that remedial action with respect to uranium shall be performed according to statutory guidelines by the site owner or licensee at the active site. Requires that such owners' reclamation expenses be reimbursed from the Uranium Revitalization Fund. Identifies the active sites that qualify for such reimbursement. Authorizes the owners or licensees of such sites to elect to perform remedial actions through the Fund and be entitled to reimbursement for such actions. Requires notification of the Secretary of such election on or before January 1, 1990. Outlines the reimbursement procedure. Provides that the costs of remedial actions at active thorium sites shall be borne by the licensee or owner, subject to Federal reimbursement for a portion of the costs if the tailings were generated as an incident of sale to the United States. Authorizes appropriations. States that the sole liability and financial obligation under Federal law for remedial action at active uranium and thorium sites shall consist of the contributions and work performed by active site owners or licensees. Title III: United States Enrichment Corporation - Establishes the United States Enrichment Corporation as a wholly-owned Government corporation to acquire, operate, and market uranium enrichment activities on a commercial, profitable basis. Mandates that its corporate structure be self-financing in order to obviate the need for Federal financing. States that the Corporation Administrator shall be appointed by the President with the advice and consent of the Senate. Establishes an Advisory Board to review Corporation policies and performance. Transfers certain Department of Energy property to the Corporation. Requires the Corporation to establish charges to its customers that will recover costs of decommissioning and decontamination of Corporation property. Requires the Corporation to report annually regarding its activities to the President and certain congressional committees. Requires the Commission to promulgate licensing regulations for facilities employing gaseous diffusion technology. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Directs the Secretary to indemnify Corporation contractors for nuclear hazards incidents as if such contractors were contractors of the Secretary. Requires the Administrator to make recommendations to the President and the Congress five years after enactment of this Act regarding the transfer of the Corporation's functions and assets to private ownership. Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommissioning and decontamination expenses. Applies Federal environmental and occupational safety and health law to the Corporation as though it were privately owned. Eliminates the treatment of uranium enrichment facilities as production facilities under the Atomic Energy Act with respect to the importation of such facilities into the United States (thus subjecting them to less stringent licensing requirements). Repeals the proscription against the use of specified appropriations for Federal uranium supply and enrichment activities. Prohibits the Corporation's total FY 1989 expenditures from exceeding its total FY 1989 receipts.
United States · United States Congress · 30 June 1988
Revises conflict-of-interest provisions concerning Department of Defense procurement to prohibit former Department officers and employees and former or retired members of the armed services who participated in decisionmaking responsibilities concerning defense contractors from accepting compensation from such contractors for a two-year period following separation from the Department. (Present law imposes such prohibitions only on those officials who performed procurement functions for a majority of working days or who participated in negotiations of contracts or claims in excess of $10,000,000.) Imposes criminal penalties for violations of such prohibition. (Present law provides only civil penalties.) Imposes criminal penalties upon any person who knowingly offers or provides such compensation to a former defense procurement official. (Present law imposes only civil penalties.) Authorizes the Secretary of Defense to exempt from such requirements certain persons appointed to sensitive civilian procurement executive positions. Specifies that such an exemption shall be made with the concurrence of the Director of the Office of Government Ethics. Requires the Secretary to report to the Congress concerning any such exemptions. Requires the Secretary to provide each defense procurement official separated from service a written notice containing: (1) an explanation of the provisions of this Act; and (2) the name of each contractor from whom such person is prohibited from accepting compensation. Specifies that the provisions of this Act shall not apply to contracts for less than $100,000 or to contractors who did less than $100,000 worth of business with the Department in the preceding fiscal year. Allows any person who is considering the propriety of accepting compensation from a defense contractor to apply to the Director of the Office of Government Ethics for advice on the applicability of this Act.
United States · United States Congress · 29 June 1988
Department of Defense Acquisition Reorganization Act of 1988 - Establishes within the Department of Defense a Defense Acquisition Agency. Provides that the Under Secretary of Defense for Acquisition shall be the head of such Agency. Specifies that the Agency shall be responsible for all functions of the Department of Defense (including the military departments) relating to acquisition of property and services (including construction). Terminates the procurement authority of the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force. Establishes in the Department of Defense a Defense Acquisition Corps (DAC) to be headed by the Under Secretary of Defense for Acquisition. Requires the Secretary to make appointments to the DAC from the best-qualified civilian applicants and military personnel. Directs the Secretary to establish by regulation a personnel system for civilian personnel within the DAC. Outlines information to be included in such regulations. Allows the Secretary to exempt civilian personnel of the DAC from any otherwise applicable competitive service requirements. Authorizes the Secretary to establish by regulation a merit pay system for such members of the DAC as the Secretary deems appropriate. Provides for the assignment of members of the DAC. Requires the Secretary, not later than one year after the enactment of this Act, to: (1) review existing acquisition-related positions in the military departments to determine which positions should be included in the DAC; and (2) make appointments to such positions. Directs the Secretary of Defense to review each major defense acquisition program before such program proceeds into the stages of: (1) initial research and development; (2) full-scale development; and (3) production. Sets forth evaluations to be included in each review. Prohibits the Secretary or the Secretary of a military department from obligating or expending funds with respect to a stage of a major defense acquisition program unless the Secretary of Defense approves such program at the beginning of such stage. Directs the Secretary of Defense to establish and operate a Defense Acquisition University which includes all existing acquisition-related defense schools.
United States · United States Congress · 29 June 1988
Disadvantaged Minority Health Improvement Act of 1988 - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Public Health Service Act to require that, for schools in which not less than 25 percent of the students are minorities from disadvantaged backgrounds, the Federal capital contribution and the school contribution to a student loan fund under existing provisions be used only for making loans to such students. Authorizes appropriations for Federal capital contributions to such schools for FY 1989 through 1991. Creates a new subpart relating to assistance for disadvantaged minority students. Authorizes the Secretary of Health and Human Services to make grants to certain schools of health, in which not less than 25 percent of the students are minorities from disadvantaged backgrounds, for scholarships covering tuition and fees. Authorizes appropriations for FY 1989 through 1991. Authorizes the Secretary to enter into agreements with such students in their final year of degree programs at such schools to assist in paying Government and commercial loans for educational and living expenses. Conditions the agreement on the student and school agreeing that the student will hold a full-time faculty appointment at the school for at least two years. Authorizes loan payments of $20,000 for each year of service, to a maximum of $80,000. Authorizes the Secretary to reimburse the individual for any increase in their Federal, State, or local income taxes which results from the loan payments. Authorizes appropriations for FY 1989 through 1991. Amends title XVII (Health Information and Health Promotion) of the Public Health Service Act to direct the Secretary to establish in the Office of the Assistant Secretary for Health an Office of Minority Health and to appoint a Deputy Assistant Secretary of Minority Health to serve as Director of the Office. Authorizes the Secretary, through the Director, to make grants and enter into contracts to conduct programs of research, training, education, epidemiological studies, and data collection with respect to the prevention and control of diseases prevalent among minority groups. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 23 June 1988
Independent Defense Inspector General Act - Establishes the Office of the Defense Inspector General (Office) as an independent establishment within the executive branch. Provides that such office shall be headed by an Inspector General appointed by the President by and with the advice and consent of the Senate. Specifies that the Inspector General shall not report to, or be subject to supervision by, the Secretary of Defense. Provides that the Inspector General shall appoint an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigations. Specifies the various duties and responsibilities of the Inspector General, including: (1) providing policy direction for, and conducting and supervising audits and investigations relating to, the programs and operations of the Department of Defense; and (2) being the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department of Defense. Requires the Inspector General, in carrying out the duties and responsibilities established under this Act, to: (1) give regard to the activities of the Comptroller General with a view toward avoiding duplication and insuring coordination and cooperation; (2) report to the Attorney General whenever reasonable grounds exist to believe there has been a violation of criminal law; and (3) carry out such duties and responsibilities in a manner that avoids compromising or endangering the national security. Requires the Inspector General to prepare semiannual reports concerning the activities of the Office and to furnish such reports to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives. Sets forth administrative provisions concerning: (1) the authorities of the Inspector General to have access to records and documents of the Department of Defense; (2) the obtaining of information and assistance from other Federal agencies; and (3) office space and equipment. Requires the Inspector General to report to the President, the Secretary of Defense, and the Armed Services Committees whenever any requested information or assistance is unreasonably refused. Authorizes the Inspector General to receive and investigate complaints or information from employees of the Department of Defense concerning violations of law, waste, mismanagement, or dangers to public health or safety. Prohibits the Inspector General from disclosing the identity of such an employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of an investigation. Prohibits taking or threatening to take any action against any such employee as a reprisal for making a complaint or disclosing information to the Inspector General. Prohibits any person from serving as Inspector General if he or she has served as an officer of the armed forces or has been employed by a defense contractor during the five-year period prior to nomination. Prohibits any person who has served as Inspector General from accepting compensation from a defense contractor for a period of five years after leaving office. Sets forth similar rules for employees of the Office for periods of three years before and after employment with the Office. Terminates the Office of the Inspector General of the Department of Defense. Transfers all personnel, records, property and assets of such office to the Office established by this Act.
United States · United States Congress · 22 June 1988
Directs the Secretary of the Interior to enter into an agreement for the transfer of the Platoro Reservoir to the Conejos Water Conservancy District, Colorado, upon the early payout of the repayment obligation on a lump-sum basis. Defines the Platoro Reservoir as the Platoro Dam and Reservoir Unit of the Conejos Division of the San Luis Valley project. Transfers to the District: (1) all lands beneath the Platoro Dam and Reservoir up to the high water line; (2) land and improvements at the operation and maintenance site in the townsite of Platoro, Colorado, including the shop and caretaker house; and (3) all associated structures and all project operating facilities and equipment. Reserves to the United States: (1) the right to make recreational use of the Platoro Reservoir so long as such use does not interfere with its use for irrigation and flood control; and (2) a reversionary interest in the transferred land in the event such lands are no longer used for reservoir purposes. Relieves the United States of responsibility and liability associated with the operation and maintenance of the project except: (1) recreation with respect to the Reservoir; and (2) flood control administration by the Secretary of the Army, acting through the Chief of Engineers. Provides for a reduction in the repayment obligation in exchange for instream flows in the Conejos River. Requires the Secretary of the Army to retain authority for the management of the Platoro Dam and Reservoir for flood control purposes on the Conejos River.
United States · United States Congress · 15 June 1988
Requires the President to provide the House of Representatives with specified documents (with respect to the assistance for Central America provided for in Public Law 100-276) concerning: (1) interpretations of such Act by the Legal Advisor of the Department of State or the Office of the General Counsel of the Agency for International Development (AID); (2) standards, procedures, and controls for the accountability of funds which have been adopted by AID pursuant to such Act; (3) the procurement outside of the United States, the receipt, and the end-use of any equipment, supplies, or other goods for the Nicaraguan democratic resistance using the funds made available by such Act; (4) funds made available by such Act for the Verification Commission established by the Sapoa Agreement of March 23, 1988; (5) the selection of, and agreements with, organizations to distribute assistance under such Act for children who are victims of the Nicaraguan civil strife; and (6) compliance with the requirements for the distribution to and use of such assistance by children.
United States · United States Congress · 14 June 1988
Expresses the sense of the Congress urging Government agencies to avoid actions that would reduce amateur radio frequency allocations used for emergency communications and encouraging support for the Amateur Radio Service in its emergency communications efforts.
United States · United States Congress · 3 June 1988
Directs the President to issue a proclamation each year calling on all churches, synagogues, schools, community centers, and other public buildings in the United States to toll their bells for one minute beginning at 11:00 a.m. on Memorial Day in remembrance of the men and women who died defending our Nation and freedom.
United States · United States Congress · 26 May 1988
Agricultural Commodity Embargo Limitation Act - Provides that the President may not prohibit or restrict the export of U.S. agricultural products to any country unless: (1) a state of war exists between such country and the United States; or (2) the President certifies to the Congress that such country is engaged in military hostilities against the United States, and such certification is in effect.
United States · United States Congress · 26 May 1988
Forest Wildfire Emergency Pay Equity Act of 1988 - Allows Federal forest firefighters to be paid overtime without limitation while serving during forest wildfire emergencies.
United States · United States Congress · 26 May 1988
Expresses the sense of the Congress that the President should establish a special commission on travel and tourism to: (1) study the developed and underdeveloped U.S. travel and tourism markets; and (2) make recommendations to the President and the Congress on ways to increase the U.S. market share of international tourism.
United States · United States Congress · 12 May 1988
Uranium Mill Tailings Remedial Action Amendments Act of 1988 - Amends the Uranium Mill Tailings Radiation Control Act of 1978 to authorize the Secretary of the Interior to transfer permanently to the Secretary of Energy public lands under the jurisdiction of the Bureau of Land Management in the vicinity of certain processing sites. Prohibits such transfer until the Secretary of Energy complies with certain National Environmental Policy Act of 1969 requirements regarding site selection for the permanent disposition and stabilization of residual radioactive materials. Requires the Secretary of Energy to obtain the appropriate State's consent before acquiring lands upon which there is no: (1) designated processing site; or (2) active uranium mill operation. Terminates the Secretary of Energy's authority to perform remedial action on September 30, 1994. Provides that the Secretary's authority to perform groundwater restoration activities shall not expire.
United States · United States Congress · 12 May 1988
Designates the period of July 25 through July 31, 1988, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1988, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 12 May 1988
Declares that the Congress recognizes the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan between December 8 and December 23, 1941.
United States · United States Congress · 11 May 1988
Congressional and Judicial Equal Employment Opportunity Act of 1988 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative and judicial branches of the Government be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Establishes within the judicial branch an Employment Review Board. Provides that members of the board be appointed from the retired judges of the Supreme Court and Courts of Appeals. Authorizes an aggrieved individual to file a written complaint with the Board. Establishes procedures for the Board to investigate, settle, hear, and determine the claims alleged. Provides that if a violation is found an order for relief may compel the defendant to: (1) employ or reinstate such individual on such terms and conditions as may be appropriate, except that the Board may not compel any committee or Member of Congress to employ or reinstate, or modify the terms and conditions of employment of, any individual; (2) pay compensatory damages; and (3) pay fees and allowances of witnesses and reasonable attorneys' fees. Authorizes the U.S. Court of Appeals for the District of Columbia Circuit to review, enjoin, set aside, suspend, modify, or enforce orders of the Board. Requires members of the Board to submit written reports to the Committee on Standards of Official Conduct of the House of Representatives and the Senate Select Committee on Ethics describing complaints during the reporting period involved.
United States · United States Congress · 11 May 1988
Fair Employment Relations Resolution - Title I: Amendments to House Rules - Amends rules XLIII and XI of the House of Representatives, relating to employment practices. Prohibits discrimination against the handicapped under such rules. Provides that, in interpreting such rules the principles of title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, and the Rehabilitation Act of 1973 shall govern to the extent practicable so that the prohibitions against discrimination under the rules are as broad as similar prohibitions under such Acts. Title II: Fair Employment Relations Board - Establishes as an office of the House the House Fair Employment Relations Board (the Board). Directs the Board to: (1) establish policies for the implementation and enforcement of the rules against employment discrimination; (2) supervise the actions of the Director of the House Fair Employment Relations Office; and (3) hear complaints alleging violations of such rules. Authorizes the Board to appoint hearing examiners for such complaints. Title III: House Fair Employment Relations Office - Establishes as an office of the House the House Fair Employment Relations Office (the Office). Provides that the Office shall be headed by a Director appointed by the Board. Directs the Office, in addition to functions and duties imposed on it by title IV of this Act, to: (1) develop procedures to implement Board policies to encourage full compliance with equal employment opportunity rules by all Members, officers, and employees of the House; and (2) perform other functions prescribed by the Board. Directs the Office to gather and maintain information with respect to: (1) each category of employees and individuals afforded equal employment opportunity under specified House rules, including, to the extent possible, information on job applicants; and (2) the employment practices of committees and offices. Requires the Director, with Board approval, to report annually to the House on such information. Directs the Office to use such information to identify discriminatory wage-setting practices in the House and to report on them to the House, with recommendations for correction. Directs the Office, upon request of a committee or office, to submit recommendations for improvements in that office's or committee's employment practices. Directs the Office to assist the placement office in developing procedures to collect and disseminate applications submitted by individuals from categories afforded equal employment opportunity under the House rules. Directs the Office to review procedures and practices for receiving, hearing, and settling complaints of alleged violations of House rules under title IV of this Act and to make recommendations regarding the continuation or improvement of such procedures. Requires the Director, by January 3, 1987, to submit to the House the results of such review, with recommendations. Requires such review to be referred to the appropriate committee or committees of the House which, within 180 days after such referral, shall submit their recommendations on the report to the House. Title IV: Complaints of Violations of Equal Employment Opportunity - Part A: Counseling and Conciliation - Allows individuals who believe that they are being discriminated against in violation of House rules on equal employment opportunity to request the Office for counseling and assistance. Requires such requests to be within 60 days after the action giving rise to the alleged discrimination, unless the Director authorizes otherwise. Allows such individuals, within 20 days after requesting counseling, to file an informal complaint with the Director. Sets forth requirements and procedures for such complaints. Requires the Director to collect information and report to the Board within 45 days after such filing. Requires the Director, upon determination that a violation has occurred, to attempt to resolve such violation by informal means. Requires the Director to report on such informal agreements, or, if agreement is not reached, to report the findings. Part B: Formal Complaints and Hearings - Allows a complainant, if the Director's report on the informal complaint determines that there is reason to believe a violation has occurred but no agreement has been reached, to file a formal complaint with the Board within 30 days after submission of such report. Allows a complainant to request, within 30 days, the Board to review a determination that there is no reason to believe a violation occurred. Directs the Board to assign each complaint to a hearing examiner. Sets forth hearing requirements and procedures. Set forth provisions for Board decisions. Directs the Board to review the transcript and findings and recommendations of the hearing examiner with respect to each formal complaint. Requires the Board to render a decision within 60 days after the filing of the formal complaint. Requires the Board to include an order for remedial action if it determines that a violation has occurred. Directs the Board to prescribe and publish, with opportunity for public comment, rules and regulations to carry out this part. Part C: Appeals to Committee on Standards of Official Conduct - Allows a complainant or respondent aggrieved by a decision or order of the Board to appeal to the Committee on Standards of Official Conduct (the Committee) within 30 days of the issuance of the decision or order. Directs the Committee to render its decision within 60 days after such appeal is filed. Requires the Committee to prescribe rules and regulations for such appeal process. Part D: Miscellaneous - Sets forth remedial actions which may be specified in an order issued by the Board or the Committee. Provides that any payment ordered as such remedial action be made out of the contingent fund of the House. Prohibits intimidation of complainants or witnesses in proceedings under this title by any member, officer, or employee of the House. Requires retention of records of informal and formal complaints and appeals for at least five years. Provides for the confidentiality of such records. Requires that Board and Committee decisions and orders be made public. Title V: General Provisions - Requires each committee and office of the House to cooperate with the Board, the Office, and the Committee.
![Official portrait of Sen. Campbell, Ben Nighthorse [R-CO]](https://www.congress.gov/img/member/c000077_200.jpg)