United States · United States Congress · 16 June 1988
Worker Adjustment and Retraining Notification Act - Prohibits an employer from ordering a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees, or if there is no representative, to each affected employee; and (2) the State dislocated worker unit and the affected local government. Defines "employer" as any business enterprise that employs: (1) 100 or more employees, excluding part-time employees; or (2) 100 or more employees who in the aggregate work at least 4,000 hours per week (excluding overtime). Defines "plant closing" as the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees, excluding any part-time employees. Defines "mass layoff" as a reduction in force which is not the result of a plant closing and results in an employment loss (excluding part-time employees) at the single site of employment during any 30-day period for: (1) at least 33 percent of the employees and at least 50 employees; or (2) at least 500 employees. Defines "part-time employee" as one who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than six of the 12 months preceding the date of the required notice. Defines "employment loss" as: (1) an employment termination, other than a discharge for cause voluntary departure, or retirement; (2) a layoff exceeding six months; or (3) a reduction in hours of work of more than 50 percent during each month of any six-month period. Excludes from such definition closings or layoffs resulting from part or all of the employer's business being: (1) sold, if the purchaser either agrees to offer employment to the employee with no more than a six-month break in employment or, within 30 days after the purchase, offers such employment to the employee with no more than such a six-month break; or (2) relocated or consolidated, if, prior to the closing or layoff, the employer offers to transfer the employee, with no more than a six-month break in employment, either to a different site of employment within a reasonable commuting distance or to any other site of employment regardless of distance, if in the latter case the employee accepts such transfer within 30 days after the offer or closing or layoff, whichever is later. Provides for reduction of such 60-day notification period if: (1) the closing or layoff is caused by business circumstances not reasonably foreseeable; or (2) giving notification of the shutdown of a single site of employment would have precluded (in the employer's reasonable and good faith belief) obtaining the capital or business which it was actively seeking and which would enable it to avoid or indefinitely postpone the shutdown. Requires employers who rely on exemptions from the 60-day notification period requirement to give as much notice as is practicable, along with a brief statement of the basis for reducing the notification period. Treats as employment losses layoffs of more than six months which, at their outset, were announced to be layoffs of six months or less, unless: (1) the extension beyond six months is caused by business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial layoff; and (2) notice is given at the time it becomes reasonably foreseeable that the extension beyond six months will be required. Treats as a plant closing or mass layoff employment losses within any 90-day period for two or more groups at a single site of employment each of which separately is less than the minimum required to trigger notification but which in the aggregate exceed such minimum, unless the employer demonstrates that such employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this Act. Exempts from the notification requirements of this Act a plant closing or mass layoff if: (1) it results from completion of a particular project or undertaking, or the closing of a temporary facility, and the affected employees were hired with the understanding that their employment was limited to the duration of such project, undertaking, or facility; or (2) it constitutes a strike or a lockout not intended to evade the requirements of this Act. Makes an employer who orders a plant closing or mass layoff in violation of the notice requirements of this Act liable to employees for back pay and benefits and subject to civil penalties for violations with respect to a local government. Creates a cause of action in the appropriate U.S. district court to enforce such liability. Authorizes the court in such cases to require the defendant to pay reasonable attorneys' fees, along with the costs of the action. States that such remedies shall be the exclusive remedies for any violation of this Act. States that the rights and remedies provided to employees by this Act are in addition to any other contractual or statutory rights and remedies of the employees. Declares that it is the sense of the Congress that any employer not subject to the notice requirements should, to the extent possible, notify its employees about a proposal to close a plant or permanently reduce its workforce. Directs the Secretary of Labor to prescribe regulations to carry out this Act, including interpretative regulations describing the methods by which employers may provide for appropriate service of notice. Provides that the giving of notice in good faith compliance with this Act shall not constitute a violation of the National Labor Relations Act or the Railway Labor Act.
United States · United States Congress · 15 June 1988
Designates June 16, 1988, the 12th anniversary of the Soweto demonstrations and Massacre in South Africa, as Soweto Remembrance Day. Encourages Americans to participate in local activities designed to commemorate the victims of Soweto and to show solidarity with those who are fighting to end apartheid.
United States · United States Congress · 14 June 1988
Designates August 1, 1988, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; (4) convey to U.S. allies the importance of unity regarding such Accords; (5) continue his efforts to achieve, before the end of the Vienna meeting, the release of all political prisoners of the Soviet Union, an increase in Soviet emigration, resolution of all family reunification cases, cessation of all radio transmission jamming, and the repeal of laws and practices which undermine human rights; (6) seek the inclusion, in any concluding document agreed to in Vienna, of a mechanism to sustain human rights progress after the Vienna meeting; and (7) convey to signatory states the insistence of the United States for a result at Vienna that will not favor military security at the expense of human rights.
United States · United States Congress · 13 June 1988
Amends the Tariff Schedules of the United States to reduce, through December 31, 1991, the duty on certain fabrics used in making fire-protective garments for firefighters.
United States · United States Congress · 9 June 1988
Expresses the sense of the Congress that: (1) the United Nations Human Rights Commission has suffered a setback by the election of Cuba and Panama to its membership; (2) the Secretary General of the United Nations should undertake all necessary measures to remove Cuba and Panama from the Commission and should closely monitor Commission actions, including its investigation of Cuban human rights, to ensure its independence and objectivity; and (3) the U.S. Government should consider the implications of such election in evaluating U.S. financial support for the United Nations and the Commission.
United States · United States Congress · 8 June 1988
Parental and Medical Leave Act of 1988 - Title I: General Requirements for Parental and Medical Leave - Entitles employees to unpaid parental and temporary medical leave. Makes this Act applicable to: (1) employers who employ 20 or more employees at any one worksite for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; and (2) employees who have been employed by such an employer for at least 12 months and for 900 hours of service during the previous 12-month period. Entitles employees to parental leave for ten workweeks during any 24-month period in cases involving the birth, adoption, or serious health condition of a child. Entitles employees to temporary medical leave for 13 workweeks during any 12-month period in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Requires the employee, in any case in which the necessity for such leave is foreseeable based on planned medical treatment or supervision, to: (1) make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the employer's operations; and (2) provide prior notice in a reasonable and practicable manner. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for injunctive relief, monetary relief, and attorneys' fees. Requires employers to post notice of the pertinent provisions of this title. Title II: Parental Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to: (1) parental leave for ten workweeks during any 24-month period; and (2) temporary medical leave for 13 workweeks during any 12-month period. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Requires the employee, in any case in which the necessity for such leave is foreseeable based on planned medical treatment or supervision, to: (1) make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the employer's operations; and (2) provide prior notice in a reasonable and practicable manner. Sets forth protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Parental and Medical Leave - Establishes the Commission on Parental and Medical Leave. Requires the Commission to report on its study of parental and medical leave to the Congress within two years after the Commission first meets. Terminates the Commission 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act, within 60 days after the enactment of this Act.
United States · United States Congress · 8 June 1988
Research and Experimental Credit Extension and Reform Act of 1988 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1988. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 8 June 1988
Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Ruth Owens in recognition of Jesse Owens' athletic achievements and humanitarian contributions to public service, civil rights, and international good-will. Authorizes appropriations. Authorizes the Secretary of the Treasury to sell bronze duplicates of the medal.
United States · United States Congress · 8 June 1988
Designates the week of October 23 through October 29, 1988, and the last full week of October hereafter, as National Adult Immunization Awareness Week.
United States · United States Congress · 7 June 1988
Designates the outpatient clinic of the Veterans Administration located in Brick Township, New Jersey, as the James J. Howard Veterans' Outpatient Clinic.
United States · United States Congress · 27 May 1988
Postal Service Budgetary Treatment Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Makes the U.S. Postal Service an off-budget Federal entity.
United States · United States Congress · 27 May 1988
Amends the National Trails System Act to designate the Kosciuszko Trail, extending from Vermont to South Carolina, for study for inclusion in such System.
United States · United States Congress · 27 May 1988
Provides that former air traffic controllers shall not, as a class, be considered unsuitable or ineligible for: (1) positions as air traffic controllers in the Federal Aviation Administration (FAA) or the Department of Defense; or (2) any other positions in the FAA. Requires the Secretary of Transportation to establish and have in place by September 30, 1988, a full performance level air traffic controller workforce of specified size and composition. Directs the Secretary to establish for FY 1989, and for each succeeding fiscal year, air traffic controller workforce and full performance controller levels in accordance with this Act and goals established in the annual Department of Transportation Appropriations Act. Requires the Secretary to report to the Congress by April 1 of each year the status of the air traffic controller workforce and full performance controller levels. Sets forth procedures for the rehiring of former controllers if the Secretary cannot meet the staffing goals required by this Act. Provides for a waiver of the maximum-age limitation applicable to such appointments. Prescribes procedural guidelines for competitive and non-competitive appointments of such controllers. Precludes an applicant's role in the 1981 strike from being considered when making a determination of suitability for an air traffic controller position. Requires the Secretary of Transportation and the Secretary of Defense to prescribe regulations under which the appointment of a former controller to an air traffic controller position within their respective departments shall not become final unless a probationary period has been successfully completed. Sets forth guidelines for the computation of creditability of service for retirement purposes. Expresses the sense of the Congress that such reinstatements should not: (1) cause the separation or reduction in grade of any other air traffic controller; or (2) interfere with training opportunities which would otherwise be afforded to air traffic controllers seeking to become fully qualified.
United States · United States Congress · 25 May 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 · 23 May 1988
Urges the Government of Iran to uphold the human rights of all its nationals, including members of the Baha'i faith, and to restore fully the rights guaranteed by the Universal Declaration of Human Rights. Calls upon the President to: (1) monitor and report on developments affecting the Baha'i minority in Iran and in other countries; (2) cooperate with other governments in continuing to make appeals to Iran concerning the situation of the Baha'is; (3) initiate and support efforts in the United Nations and its agencies on behalf of the Baha'is; and (4) provide, and urge others to provide, for refugee and humanitarian assistance for those Baha'is fleeing their homelands to escape religious repression.
United States · United States Congress · 18 May 1988
Amends the Internal Revenue Code to extend the low-income housing credit through 1990. (Under current law the credit will expire on December 31, 1989.)
United States · United States Congress · 12 May 1988
Comprehensive Anti-Apartheid Amendments of 1988 - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Permits the President, on request, to waive the applicability of such prohibition to certain persons for up to 180 days. Prohibits the importation into the United States of any article from South Africa, except for: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (2) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by black and other nonwhite South Africans. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, and commercial sales of agricultural commodities and products. Specifies that such prohibitions shall not apply to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, and emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 prohibiting certain exports to, imports from, and investments in South Africa. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans to notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity and to enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Specifies that such prohibition includes transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Provides that no funds made available by the Congress may be obligated or expended for any expense related to any such prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Requires the President to: (1) confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid; and (2) seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. (Present law only encourages the President to take such actions.) Requires the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. (Present law only authorizes the President to impose such penalties.) Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade such as oil, coal, and computers. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to submit to the Congress an annual report on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Inter-Agency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. States that South Africa's granting of independence to Namibia is a major policy goal of the United States. Includes such granting of independence as one of several actions South Africa must take to have U.S. sanctions terminated. Requires the President to submit a report to the Congress concerning the program to reduce U.S. dependence upon the importation of strategic minerals from South Africa. Imposes additional penalties for violations of the Comprehensive Anti-Apartheid Act of 1986. Amends the Foreign Assistance Act of 1961 to permit the use of funds authorized for economic support for disadvantaged South Africans to provide training and other assistance for South African journalists. Lists major trade union federations in South Africa and Namibia as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans and Namibians. Specifies that such funds may not be used for assistance for individuals in areas under the control of or administered by the South West Africa People's Organization (SWAPO) or the African National Congress (ANC). Allows the President to waive such restriction concerning the ANC under specified conditions. Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; and (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States. Requires the President to conduct a study and submit a report to the Congress concerning measures to reduce South Africa's foreign exchange earnings from gold. Expresses the sense of the Congress that: (1) the President should close two of South Africa's consulates general, eliminate all honorary consuls of South Africa in the United States, and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be provided on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the Secretary of State to submit a report to the Congress concerning South Africa's involvement in international terrorism. Makes certain technical and conforming amendments.
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 · 11 May 1988
Drunk Driving Prevention Act of 1988 - Authorizes the Secretary of Transportation to make basic and supplemental grants to States which adopt and implement certain drunk driving prevention programs. Requires States, in order to receive basic grants under this Act, to provide: (1) an expedited driver's license suspension or revocation system; and (2) a self-sustaining drunk driving enforcement program. Sets forth additional requirements for the receipt of supplemental grants, which include: (1) providing for mandatory blood alcohol content testing whenever a law enforcement officer has probable cause to believe that a driver involved in a collision that results in a death or serious bodily injury has committed an alcohol-related traffic offense; or (2) providing for an effective system for preventing drivers under the age of 21 from obtaining alcoholic beverages. Provides that no State may receive grants for more than three fiscal years. Sets forth the Federal share payable for such grants for each of the three fiscal years. Authorizes appropriations for FY 1989 through 1991. Requires the Secretary to: (1) conduct a study to determine the blood alcohol concentration level at or above which an individual is deemed to be driving while under the influence; and (2) issue and publish proposed and final regulations to implement this Act.
United States · United States Congress · 27 April 1988
Women in Development Act of 1988 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating and increasing the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum of $4,000,000 (currently, a maximum of $10,000,000) in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Requires that not less than $2,000,000 of such funds be extended as matching funds to support the efforts of AID field missions to integrate women into their programs. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 26 April 1988
Expresses the sense of the Senate that: (1) the use of appropriated funds by the Legal Services Corporation (LSC) to hire private attorneys to lobby the Congress to reduce funding for legal assistance for low-income individuals is a gross malfeasance and misuse of authority; (2) W. Clark Durant III, as Chairman of the LSC, is reprimanded for gross and repeated malfeasance of his fiduciary and statutory duties; and (3) W. Clark Durant III should resign from the LSC Board of Directors.
United States · United States Congress · 25 April 1988
Amends the Rail Passenger Service Act to authorize appropriations for FY 1989 through 1991 for the National Railroad Passenger Corporation (Amtrak). Exempts the Corporation from Freedom of Information Act requirements to grant requests for records which are: (1) intended for commercial use; or (2) intended for litigation or legal proceedings.
United States · United States Congress · 19 April 1988
Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1986 to extend the termination date of the Commission on the Ukraine Famine until June 22, 1990. (Presently, the Commission is scheduled to terminate on April 22, 1988.)
![Official portrait of Sen. Lautenberg, Frank R. [D-NJ]](https://www.congress.gov/img/member/l000123_200.jpg)