United States · United States Congress · 17 May 1988
Federal Employees Liability Reform and Tort Compensation Act of 1988 - Amends the Federal Tort Claims Act to include the judicial and legislative branches of Government within the definition of the term "Federal agency." States that, for actions brought under such Act, the United States shall be entitled to all defenses otherwise available to an employee of the United States which are based upon judicial or legislative immunity. Makes such Act the exclusive remedy for actions brought against the United States for injury or loss of property, personal injury, or death resulting from the negligent or wrongful act or omission of a Government employee acting within the scope of his or her office or employment. States that this restriction shall not apply to cognizable actions against Government employees for money damages for a violation of the Constitution. Provides that, upon certification by the Attorney General or the court that the employee was acting within the scope of the employee's office or employment at the time of the incident out of which the claim arose, any action commenced upon such claim in a U.S. district court shall be deemed an action against the United States under the provisions of such Act, and the United States shall be substituted as the party defendant. States that such certification shall conclusively establish scope of office or employment for the purpose of removing such an action to a U.S. district court.
United States · United States Congress · 17 May 1988
Commends: (1) the Government of Thailand for its history of humanitarian treatment of refugees; (2) the relevant senior interagency group for its recommendation that the President increase the number of Jewish and Armenian refugees admitted from the Soviet Union without decreasing the number admitted from Southeast Asia; and (3) the President for following such recommendation. Urges the Government of Thailand to reinstitute its former policy of first asylum and officially end its policy of interdiction of arriving refugee boats. Urges the Department of State to continue working with the Government of Thailand and with other governments to meet Thailand's security concerns while responding to the humanitarian needs of Southeast Asian refugees. Urges the President and the State Department to admit the full number of Southeast Asian refugees that is fixed for admission to the United States in FY 1988 and maintain the number that may be admitted in FY 1989. Urges the Government of Vietnam to expand its Orderly Departure Program and cease its occupation of Cambodia in order to stem the flow of refugees out of Vietnam and Cambodia.
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 · 10 May 1988
Expresses the sense of the Congress that: (1) the United States Trade Representative (USTR) should continue to pursue the U.S. complaint against Japan's obstructive citrus and beef import practices with the General Agreement on Tariffs and Trade (GATT) Council seeking a decision that Japan is in violation of the GATT; (2) the USTR is urged to initiate an investigation of the enforcement of U.S. trade rights or unfair trade practices in response to the petition filed by the Florida Citrus Mutual and others; (3) the USTR should pursue such investigation of the alleged unfair trade practices; (4) the President should use his authority under the Trade Act of 1974 to restore trade benefits due the U.S. citrus industry which arise from Japan's imposition of quantitative restrictions on U.S. oranges and orange juice; and (5) the President should take action to obtain the recommendation of the GATT Contracting Parties that Japan eliminate or bring into conformity with GATT its citrus and beef import practices with respect to U.S. imports.
United States · United States Congress · 3 May 1988
Expresses the sense of the Congress that certain officers and the crew of the U.S.S. Bonefish should be recognized and commended for their efforts to save their fellow shipmates when an explosion and fire threatened their submarine.
United States · United States Congress · 29 April 1988
Fire Safe Cigarette Implementation Act of 1988 - Reestablishes the Interagency Committee on Cigarette and Little Cigar Fire Safety to oversee the work of the Implementation Task Force. Establishes an Implementation Task Force to continue the work specified by the Cigarette Safety Act of 1984, including: (1) development of a validated test method to determine the ignition propensity of cigarettes and little cigars when in contact with upholstered furniture or mattresses; (2) development of performance data for current cigarettes, using the validated test method, so as to compare future cigarette performance; (3) study and computer modeling of ignition physics relating to cigarettes, little cigars, soft furnishings, and fabrics; (4) collection of data regarding the characteristics of cigarettes and little cigars, products ignited, and smokers involved in smoking-related fires as well as changes in the composition of smoke from modified cigarettes and little cigars, and societal costs from smoking-related fire injuries; and (5) commercial feasibility and economic impact of cigarettes and little cigars having reduced ignition propensity. Protects the confidentiality of trade secrets and confidential information provided to the Interagency Committee or the Task Force. Sets forth reporting requirements. Terminates the Task Force within three years and three months of this Act's enactment.
United States · United States Congress · 28 April 1988
Protests Soviet human rights violations, especially the restrictive emigration regulations. Calls upon the President to use the upcoming summit meeting in Moscow to stress the inherent link between respect for human rights and the achievement of lasting peace.
United States · United States Congress · 21 April 1988
Terrorist Firearms Detection Act of 1988 - Amends the Federal criminal code to prohibit the manufacture, importation, sale, transfer, or possession of plastic firearms. Defines the term "plastic firearm" to mean any firearm: (1) containing less than 3.7 ounces of metal; or (2) of which any major component, when subjected to inspection by x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. States that no provision of this Act shall apply to conduct by or under the authority of the Federal or State governments. Provides an exemption from such prohibition for any firearm possessed in the United States before the enactment of this Act. Requires the Secretary of the Treasury to submit biennial reports to the Congress regarding the state of the art of firearm manufacture and firearm detection technology. Repeals such prohibition five years after the effective date of this Act.
United States · United States Congress · 21 April 1988
Drug-Free America Act of 1988 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty when, during the course of a continuing criminal enterprise drug offense, an individual knowingly causes the death of another. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides increased criminal penalties for the possession of a mixture or substance which contains cocaine base (crack). Establishes recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) if the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) if products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export permit requirement for listed precursors and a declaration requirement for listed essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Provides additional civil penalties for certain Controlled Substances Act violations involving heroin or cocaine. States that individuals who have been convicted of violations involving a controlled substance, or of criminal violations regarding certain reporting or recordkeeping requirements, shall be ineligible for any license or permit issued under the authority of the United States for a specified period of time. Provides that any permit or license held at the time of the conviction shall be revoked. Amends the Public Health Service Act to require States receiving Alcohol and Drug Abuse and Mental Health Services Block Grants to make grants for demonstration projects which provide treatment services to expectant mothers. Establishes in the Executive Office of the President the Office of the Director of National Drug Control Policy to be headed by a Director, who shall be responsible for: (1) developing, reviewing, implementing, and enforcing U.S. policy with respect to drug control and abuse; (2) directing and coordinating U.S. efforts to halt the importation, manufacture, distribution, and use of illicit drugs; and (3) preparing a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board 90 days after the appointment of the Director. Makes conforming amendments to the Comprehensive Crime Control Act of 1984 and the Drug Abuse Prevention, Treatment, and Rehabilitation Act. Authorizes appropriations for FY 1988 through 1996. Makes supplemental appropriations for Coast Guard drug enforcement activities. Authorizes Coast Guard vessels and aircraft to fire at or into vessels which are liable to seizure or examination that do not bring-to after being ordered to do so by an authorized vessel or aircraft. Grants the commanding officer of the authorized vessel or aircraft immunity for such actions. Allows the Commandant of the Coast Guard to indemnify members or employees of the Coast Guard against any claim arising out of an act committed within the scope of their official drug enforcement duties. Amends the Controlled Substances Act to extend jurisdiction over possession offenses to U.S. vessels and aircraft (and vessels and aircraft subject to the operation of the law of the United States). Subjects any U.S. citizen or resident on board any vessel to Federal criminal penalties for manufacturing, possessing, or distributing a controlled substance. Expresses the sense of the Congress that the suppression of international narcotics trafficking is a major security objective of the United States and the most important national security objective within the Western Hemisphere. Allows the Secretary of Defense to provide equipment to, or assign members of the armed forces to assist, foreign governments in the enforcement of drug laws. Provides for the assignment of members of the armed forces to assist Federal agencies in drug interdiction activities. Requires the Secretary to prepare a plan to implement such provision. Directs the Secretary of the Treasury to evaluate alternatives to the use of deadly force as a means of forcing suspected drug-smuggling aircraft entering the United States to land. Requires the Secretary to submit such recommendations to the Congress in the form of proposed legislation. Directs the Secretary to submit proposed legislation to the Congress relating to special restrictions and inspections for vessels and aircraft arriving from drug-producing countries. Amends the Foreign Assistance Act of 1961 to modify the factors to be considered by the President when determining whether to certify a country as having cooperated with United States drug interdiction programs. Directs the President to consider whether such countries have taken the steps necessary to eliminate the laundering of drug-related profits. Amends Federal law to include electronic fund transfers within the definition of "money instruments." Amends the National Forest System Drug Control Act of 1986 to provide additional law enforcement authority for the Forest Service in dealing with Controlled Substances Act violations by: (1) removing the limitation on the number of Service personnel who may exercise specified law enforcement powers; and (2) permitting the exercise of such powers by Service personnel outside of the boundaries of the National Forest System. Grants the Service authority, with respect to the specified law enforcement powers, to: (1) coordinate investigations and enforcement activities and prepare national and regional strategy plans in coordination with the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the Controlled Substances Act as such activities relate to the manufacture, distribution, or dispensing of controlled substances within the System. Establishes criminal penalties for polluting Federal lands while manufacturing, distributing, or dispensing a controlled substance. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant the Postal Service certain seizure and law enforcement authority with respect to Controlled Substances Act violations. States that all moneys and proceeds from such seizures shall be deposited in the Postal Service Fund (and later withdrawn and paid into the Department of Justice Assets Forfeiture Fund). States that any person convicted of a drug-related offense shall be ineligible for any form of student assistance provided under title IV of the Higher Education Act of 1965. Requires any person applying for such assistance to file a statement with the institution certifying that the person has not been convicted of a drug-related offense. Requires the Secretary of Education to prescribe methods for verifying such statements. Amends the Drug-Free Schools and Communities Act of 1986 to require State educational agencies to distribute funds for State and local programs for drug abuse education and prevention programs on the basis of relative enrollments in public and private, nonprofit schools (currently, on the basis of the relative number of children in the school-age population) within an area. Requires local applications for funds for a three-year period to include a description of: (1) the extent and nature of the current drug and alcohol problem in the schools of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor program effectiveness. Requires applicants to submit a progress report to State educational agencies for the preceding two years in order to receive funds for the third year. Requires the report to show reasonable progress toward accomplishing program objectives or a modified plan to meet such objectives. Requires States to report annually to the Secretary with specified information on programs funded under this Act. Authorizes appropriations for FY 1988 through 1991 to carry out the provisions of such Act. Authorizes appropriations for FY 1989 to the building and facilities account, Federal Prison System, for the construction, acquisition, remodeling, and equipping of prisons. Expresses the sense of the Congress that the National Institute of Justice should conduct a research project to obtain, on a voluntary basis, and analyze urine samples from individuals who are arrested to determine whether they use controlled substances. Amends the Federal criminal code to make regular drug testing and refrainment from any use of controlled substances mandatory conditions of parole and probation. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require Drug Law Enforcement Program grant recipients to provide additional matching funds. Amends the Rehabilitation Act of 1973 to exclude any individual who uses or is addicted to illegal drugs from the definition of an individual with handicaps, for purposes of specified provisions. Amends specified Federal law which prohibits discrimination against Federal employees or applicants for Federal employment to provide that such prohibition shall not be construed to permit or require the employment of an individual who uses illegal drugs.
United States · United States Congress · 19 April 1988
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 21, 1988, as National Military Families Recognition Day.
United States · United States Congress · 19 April 1988
Expresses the sense of the Congress that: (1) a negotiated settlement to the conflict in the Persian Gulf is in the best interests of all nations; (2) the President should be commended for his efforts to achieve a negotiated settlement and for his judicious decisions to deploy and utilize U.S. armed forces to secure U.S. interests in the region; (3) the U.S. armed forces personnel involved in that area should be congratulated and medals or other decorations should be awarded; and (4) all Americans should join in saluting these individuals.
United States · United States Congress · 18 April 1988
Expresses the sense of the Congress that: (1) the United States Trade Representative (USTR) is commended for initiating an unfair trade practice investigation with respect to the petition filed by the American Soybean Association for the enforcement of trade benefits under a trade agreement; (2) the USTR should pursue its investigation of the alleged unfair trade practices contained in such petition; and (3) the President should use his authority to enforce trade agreements under the Trade Act of 1974 to restore the benefits due the U.S. soybean industry as a result of the European Community agreement to provide duty-free treatment for U.S. soybean products.
United States · United States Congress · 12 April 1988
Civil Service Annuity Prompt Payment Act - Requires civil service retirement annuity payments and survivor annuity payments to begin 90 days after the later of: (1) the annuity's commencement date; or (2) the date on which the Office of Personnel Management receives a completed application. Requires the payment of interest on the initial underpayment of annuity if no monthly payment is made within the 90-day period, or if one or more monthly annuity payments are made within such period but the amount of payment is deficient.
United States · United States Congress · 29 March 1988
Directs the Secretary of the Interior to remove the restriction that a certain parcel of land in Roanoke, Virginia, be used exclusively for public park or public recreation purposes, on the condition that such land be transferred to the State of Virginia for use as a veterans nursing home.
United States · United States Congress · 29 March 1988
Requires the President to report to the Congress each month on the extent to which the Government of Nicaragua is undertaking the reforms which are necessary to promote democracy in compliance with the Guatemala Peace Accord of August 7, 1987. Specifies reforms to be discussed in such report including the extent to which that Government has: (1) undertaken efforts to ensure freedom of expression, association, movement, and religion; (2) reinstated due process and fair trials; (3) ended torture; (4) ended jailing of opposition party activists; and (5) ensured press, labor, campesino, and Indian and Creole rights.
United States · United States Congress · 22 March 1988
Space Settlement Act of 1988 - Amends the National Aeronautics and Space Act of 1958 to include as part of the national space program's policy and purpose the congressional declaration that the extension of human life into extraterrestrial space for the purposes of advancing science, exploration, and development will enhance the general welfare on earth and will eventually lead to space settlements (human communities with substantial independence from earth) that will further accomplish scientific purposes. Directs the National Aeronautics and Space Administration to: (1) obtain, produce, and disseminate technological and other information addressing the significant issues associated with the establishment of space settlements; and (2) report biennially to the President and to the Congress on specified topics relating to space settlements, including applied technologies, international cooperation, finance, and pertinent sociopolitical and legal concerns. Authorizes appropriations.
United States · United States Congress · 17 March 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels by a producer or importer for use by the purchaser in a nontaxable use (defined to include, among other uses, any off-highway business use, use as supplies for vessels or aircraft, State or local governmental use, and use by a nonprofit educational organization). Permits the exemption only if both the seller and purchaser have registered with the Secretary of the Treasury. Requires producers, importers, and purchasers taking part in reduced-tax sales to file with the Secretary information returns containing specified data. Requires producers and importers, in addition, to furnish corresponding statements to their purchasers. Establishes penalties for failure to file required returns.
United States · United States Congress · 17 March 1988
Authorizes appropriations for the Maritime Administration for FY 1989 for: (1) payment of operating-differential subsidy obligations; (2) research and development activities; (3) operations and training activities; and (4) national security support capabilities, including for the National Defense Reserve Fleet and the Ready Reserve Force. Authorizes appropriations for the Federal Maritime Commission for FY 1989. Amends the Merchant Marine Act, 1936 to revise Federal provisions relating to the making of student incentive payments to individuals enrolled in State maritime academies. Excludes, until October 1, 1990, certain classes of vessels intended for offshore oil and gas exploration or development or for operation of inland waterways from coverage under Federal ship mortgage insurance provisions of the Merchant Marine Act, 1936.
United States · United States Congress · 16 March 1988
Amends Federal law to direct the President to annually proclaim the first Thursday in May as a National Day of Prayer. (Current law directs the President to set aside and proclaim a suitable day each year, other than a Sunday, for such purpose.)
United States · United States Congress · 16 March 1988
Terrorist Firearms Detection Act of 1988 - Amends the Federal criminal code to prohibit the manufacture, importation, sale, transfer, or possession of undetectable firearms (firearms which are not susceptible to detection by magnetometers commonly used at airports). Provides an affirmative defense where the defendant proves that the firearm is of a type which the Secretary of the Treasury has determined to be susceptible to detection by magnetometer. States that this Act does not apply to: (1) conduct by or under the authority of the United States; or (2) certain prototype or model firearms. Requires the Secretary to submit annual reports to the Congress regarding the state of firearm and firearm detection technology.
United States · United States Congress · 16 March 1988
Requests the President to issue a proclamation commemorating the 50th anniversary of the Javits-Wagner-O'Day Act, which occurs on June 25, 1988. (The Javits-Wagner-O'Day Act, formerly known as the Wagner-O'Day Act, provides employment and ancillary support services to blind and handicapped individuals.)
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
United States · United States Congress · 14 March 1988
Expresses the sense of the House of Representatives that FY 1989 funding for Federal-aid highway and mass transit programs should be at levels established by the Surface Transportation and Uniform Relocation Assistance Act of 1987.
United States · United States Congress · 10 March 1988
Expresses the sense of the Congress that: (1) the Administration should pursue efforts to further liberalize the Japanese market for U.S. beef and encourage the elimination of the quota system; and (2) if a satisfactory solution is not reached with Japan when the current beef agreement expires, the U.S. Trade Representative should pursue appropriate measures in order to liberalize the Japanese beef market.
United States · United States Congress · 3 March 1988
Designates the week of June 26 through July 2, 1988, as National Safety Belt Use Week. Authorizes and requests the President to: (1) urge the people to wear safety belts and use child safety seats; and (2) encourage State and local governments and concerned organizations and officials to promote greater use of these safety devices.
United States · United States Congress · 2 March 1988
Makes a supplemental appropriation for FY 1988 to the Coast Guard (Department of Transportation) for operations at certain facilities comparable in nature and extent to the operations carried out during FY 1987. Prohibits amounts made available by this Act from being used in connection with any closing of, or reduction in force with respect to, any Coast Guard facility or installation.
United States · United States Congress · 2 March 1988
Praises the organizers of the National Silver-Haired Congress for their efforts on behalf of older Americans. Declares that the Congress should welcome the participants and ensure the success of the National Silver-Haired Congress when it is convened in Washington, D.C. in 1989.
United States · United States Congress · 24 February 1988
Amends the Commercial Motor Vehicle Safety Act of 1986 to declare that its requirements do not apply to: (1) motor vehicles registered for farm use which are driven less than 15,000 miles per year; or (2) motor vehicles used solely for fire fighting purposes.
United States · United States Congress · 24 February 1988
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1988, as Baltic Freedom Day. Authorizes and requests the President to submit the issue of the Baltic Republics to the United Nations.
![Official portrait of Rep. Bateman, Herbert H. [R-VA-1]](https://www.congress.gov/img/member/b000229_200.jpg)