Resolution· SRESS.Res. 503 (100th)passed
United States · United States Congress · 19 October 1988
Commends Kenneth A. McLean for his service to his country and the Senate. (Kenneth McLean served as staff director of the Senate Committee on Banking, Housing, and Urban Affairs.)
Resolution· SRESS.Res. 504 (100th)passed
United States · United States Congress · 19 October 1988
Commends Ronald L. Tammen for his service to his country, the State of Wisconsin, and the Senate. (Ronald Tammen served as Administrative Assistant to Senator William Proxmire of Wisconsin.)
Resolution· SRESS.Res. 485 (100th)passed
United States · United States Congress · 3 October 1988
Commends the Honorable Robert C. Byrd, Majority Leader of the Senate, for his dedication to the ideals of representative democracy and for his outstanding service to the United States.
Bill· SS. 2827 (100th)open
United States · United States Congress · 23 September 1988
Amends the United States Institute of Peace Act to provide a permanent authorization of appropriations for the United States Institute of Peace. Repeals a provision prohibiting the use of Federal funds to pay for private fringe benefit programs.
Resolution· SRESS.Res. 476 (100th)referred
United States · United States Congress · 20 September 1988
Expresses the sense of the Senate that: (1) the United States should welcome an independent Namibia and ensure that the United Nations supervised transitional process assures national reconciliation and self-determination through fair and free elections and the formation of a multiparty, nonracial democracy; (2) U.S. mediators should seek the negotiation of a verifiable withdrawal of all Cuban and Soviet-bloc forces from Angola; (3) the withdrawal of all foreign forces from Angola and the implementation of the U.N.-sponsored process of independence in Namibia must be synchronized with national reconciliation and free and fair elections in Angola; (4) the presence of Soviet-bloc and Cuban military personnel and the buildup of Soviet weaponry by the Popular Movement of the Liberation of Angola (MPLA) in Angola pose a threat to peace; (5) the United States shall not cease assistance to the National Union for the Total Independence of Angola (UNITA) as long as the MPLA continues to receive foreign military assistance and until the President has certified to the Congress that all Cuban forces have been withdrawn from Angola, such forces have not been redeployed elsewhere for a later invasion of Angola, and UNITA and the MPLA have agreed to form a government of national reconciliation and to set a date for holding elections; and (6) the United States should encourage a cease-fire between Cuban and MPLA forces, respectively, and UNITA and promote direct talks between such parties to achieve national reconciliation and the settlement of the Angolan civil war. Directs appropriate Senate committees to: (1) determine what legislative actions may be necessary to promote the establishment of a multiparty, nonracial democracy in Namibia; (2) consider humanitarian assistance to help Angola reconstruct its economy and otherwise recover from the injuries of the civil war; and (3) make recommendations to the President with respect to establishing diplomatic relations with a freely elected government in Luanda and formulate plans to assist such government with economic reforms.
Bill· SS. 2763 (100th)open
United States · United States Congress · 8 September 1988
Prevention of Genocide Act of 1988 - Makes certain findings concerning the use of chemical weapons by Iraq and Iraq's treatment of the Kurdish people. Requires the U.S. Executive Director or representative at all international financial institutions to vote against all loans to Iraq. Prohibits the provision of any assistance, the sale of any kind of military equipment, the provision of any credits, or the provision of any credit guarantees to Iraq. Prohibits the sale or transfer to Iraq of any item subject to export control by any agency of the United States. Prohibits the importation of any oil or petroleum products produced in Iraq. Authorizes the President to waive such sanctions if he determines and certifies to the Congress that: (1) Iraq is not committing genocide against the Kurdish population in Iraq; and (2) Iraq is not using chemical weapons banned by the 1925 Geneva Conventions and has provided reliable assurances that it will not use such weapons. Expresses the sense of the Congress: (1) commending the Government of Turkey for its humanitarian decision to host thousands of Kurdish people fleeing extermination in Iraq; and (2) that the United States shall provide assistance to Kurdish refugees in need of medical treatment and other humanitarian aid. Requests the Secretary of State to bring before the United Nations Security Council the matter of Iraq's use of poison gas against its own nationals and to demand that measures be taken against Iraq for its repeated use of chemical weapons.
Bill· SS. 2758 (100th)open
United States · United States Congress · 7 September 1988
Government Contractor Whistleblower Protection Act of 1988 - Prohibits a Federal contractor from taking reprisal actions against its officers or employees for disclosing information to a Federal agency regarding performance of a contract with such agency which indicates: (1) a violation of law; or (2) mismanagement, gross waste of funds, abuse of authority, or a danger to public health or safety. Sets forth civil penalties and remedies for violations of this Act.
Resolution· SRESS.Res. 465 (100th)passed
United States · United States Congress · 11 August 1988
Declares that, on the return of Joseph Biden to the Senate after a six-month absence to recuperate from surgery, the Members of the Senate extend their warmest welcome and personal happiness as well as their best wishes for his continued good health.
Bill· SS. 2707 (100th)open
United States · United States Congress · 10 August 1988
Directs the Secretary of Health and Human Services to transfer specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas.
Bill· SS. 2715 (100th)referred
United States · United States Congress · 10 August 1988
Emergency Bank Consolidation Act of 1988 - Amends the Bank Holding Company Act of 1956 to authorize the Federal Reserve Board (Board) to order a bank holding company to: (1) reorganize any or all of its affiliated banks as subsidiaries of a bank in danger of closing; (2) cause any or all of its subsidiary banks located in the same State to merge with or purchase the assets and assume the liabilities of a bank in danger of closing; (3) cause a bank in danger of closing to merge with, or purchase the assets and assume the liabilities of, any or all of the bank holding company's subsidiary banks located in the same State; (4) contribute or transfer or provide to a bank in danger of closing such assets or services as are customarily utilized by a bank in the conduct of its business or operations; or (5) take any combination of such actions. Specifies that the Board may use such authority only if the Federal Deposit Insurance Corporation (FDIC) certifies and recommends that such action is necessary in cases where: (1) an insured bank is in danger of closing; and (2) such actions will lessen the risk to the Federal Deposit Insurance Fund or severe financial conditions exist which threaten the stability of a significant number of banks in the community where the endangered bank is located. Requires the Board to take reasonable efforts to assure that any transfer of assets or securities involving such banks shall not exceed an amount that is reasonably necessary to provide adequate capitalization to such banks. Provides that the Board may use such authority notwithstanding any other provision of this Act, Federal or State bankruptcy laws, any other Federal or State law, the constitution of any State, or any contract or other instrument or security. Specifies that any order issued by the Board under the Authority granted in this Act shall not be subject to judicial review. Specifies that certain provisions of the Bank Holding Company Act, the national banking statutes, the Federal Deposit Insurance Act, and the Hart-Scott-Rodino Antitrust Improvements Act of 1976 shall not apply to action of the Board taken under the authority granted in this Act. Limits the right of private parties to prevent a consolidation ordered by the Board under the authority of this Act. Allows any creditor of a bank holding company subject to such an order to request the Board to appraise the value of debt owed to such creditor. Allows any shareholder of a bank holding company subject to such an order to request the Board to appraise the value of stocks held by the stockholder. Authorizes the FDIC to compensate any creditor or shareholder for the value of the appraised debt or stock.
Bill· SJRESS.J.Res. 363 (100th)open
United States · United States Congress · 9 August 1988
Designates November 28 through December 2, 1988, as Vocational-Technical Education Week.
Resolution· SRESS.Res. 452 (100th)referred
United States · United States Congress · 14 July 1988
Expresses the sense of the Congress that the Federal Home Loan Bank Board should adopt and enforce a program for stopping the growth of deposits and other secured borrowing at insolvent savings and loan associations insured by the Federal Savings and Loan Insurance Corporation.
Law· SJRESS.J.Res. 350 (100th)enacted
United States · United States Congress · 13 July 1988
Designates the Labor Day Weekend beginning on September 3, 1988, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
Bill· SS. 2566 (100th)referred
United States · United States Congress · 24 June 1988
Trust Indenture Reform Act of 1988 - Amends the Trust Indenture Act of 1939 to revise the authority of the Securities and Exchange Commission (SEC) to exempt certain securities from the provisions of such Act. Allows the SEC to exempt conditionally or unconditionally any person, security, or transaction, or any class or classes of persons, securities, or transactions from ony one or more provisions of such Act. (Presently, such authority is limited to exemptions for securities issued by persons existing under the laws of a foreign government.) Revises the authority of the SEC to refuse to permit the registration of certain securities in cases in which securities shall not be sold until a date subsequent to the effective date of the registration statement relating to such securities. Specifies that in such cases the SEC shall not be required to refuse registration if, prior to the sale of such securities, the obligor of such securities has filed an application for qualification for the indenture under which such securities shall be issued pursuant to SEC regulations. Authorizes the SEC to permit a corporation or other person organized and doing business under the laws of a foreign government to act as sole trustee under a qualified indenture, provided that: (1) such corporation or other person is authorized to exercise corporate trust powers and is subject to supervision or examination equivalent to supervision or examination applicable to U.S. institutional trustees; and (2) reciprocal treatment is afforded to U.S. institutional trustees under the laws of such foreign government. Prohibits any obligor upon indenture securities or person directly or indirectly controlling, controlled by, or under common control with such obligor from serving as trustee upon such indenture securities. Revises rules for the disqualification of indenture trustees who have or who acquire any conflicting interest. Permits a trustee to serve under a qualified indenture so long as there is no default under the indenture. Specifies that a default shall be determined as such term is defined in the indenture, but exclusive of any period of grace or requirement of notice. Provides that, except in cases of a default in the payment of the principal of, or interest on, an indenture security or in the payment of any sinking or purchase fund installment, the indenture trustee shall not be required to resign if such trustee can prove that the default may be cured or waived and that doing so would not be inconsistent with the interests of holders of the indenture security. Provides that any resignation of an indenture trustee shall become effective only upon the appointment of a successor trustee and such successor's acceptance of such an appointment. Decreases from four months to three months the time period allowed for the preferential collection of claims against an obligor in cases where the trustee becomes a creditor of the obligor. Maintains the four-month cases in any pending bankruptcy cases. Makes mandatory: (1) the periodic filing of information by an obligor with a trustee and the granting of access of security holders to information; (2) certain reports by indenture trustees to security holders, to stock exchanges, and to certain additional parties; (3) certain reports by obligors concerning evidence of compliance with indenture provisions; and (4) certain duties and responsibilities of a trustee. Authorizes an obligor upon any qualified indenture to set a record date for purposes of determining the identity of indenture security holders entitled to vote or consent to any action which is authorized or permitted by vote or consent. Makes mandatory the special powers of indenture trustees and the duties of paying agents. Specifies that any mandatory duties imposed by the Trust Indenture Act of 1939 as amended by this Act shall be deemed a part of, and shall govern, every qualified indenture, whether or not specifically contained in the indenture. Provides that any provision which may be included at the option of an obligor shall not be deemed a part of an indenture unless specifically included. Provides that Federal and State courts shall have concurrent jurisdiction concerning lawsuits brought regarding violations of the duties imposed by this Act.
Bill· SS. 2554 (100th)open
United States · United States Congress · 22 June 1988
Stewart B. McKinney Homeless Assistance Amendments of 1988 - Title I: Authorizations - Amends the Stewart B. McKinney Homeless Assistance Act to authorize FY 1989 and 1990 appropriations for: (1) the emergency shelter grants program; (2) the supportive housing demonstration program; and (3) supplemental assistance for facilities for the homeless. Increases FY 1989 and 1990 budget authority for section 8 assistance for single room occupancy dwellings. Title II: Administrative Provisions - Provides, with regard to the comprehensive homeless assistance plan required under such Act, for: (1) plan sharing among a State and its cities and urban counties; (2) annual plan submissions; (3) inclusion of recipient assurances to maintain drug and alcohol abuse-free facilities; and (4) coordination of homeless assistance efforts. Makes religious organizations, or organizations with religious affiliations meeting specified conditions, eligible to receive housing assistance under title IV of such Act and community development block grants under the Housing and Community Development Act of 1974. Title III: Emergency Shelter Grants - Makes the environmental policy and historic preservation provisions of the Housing and Community Development Act of 1974 applicable to the emergency shelter grants program. Permits States to contract directly with nonprofit organizations under such program. Increases from 15 percent to 25 percent the maximum amount of any emergency shelter grant that may be used for essential services (employment, health, education, or drug abuse). Title IV: Supportive Housing - Includes public housing agencies within the definition of "project sponsor" for purposes of the supportive housing demonstration program. Includes within the definition of "permanent housing" for purposes of such program projects in excess of the eight-person limitation in situations where local market conditions favor such projects and their development will achieve neighborhood integration objectives. Increases the limit on project advances from $20,000 to $40,000. Prohibits the Secretary of Housing and Urban Development from requiring project applications to demonstrate that the applicant owns or controls the proposed project's site. Requires recipient matching funds to come from non-Federal sources. Defines "non-Federal sources" to include State or local agency funds, the non-Federal share of funds from other Federal programs, and the value of donated material or buildings and the value of any building lease. Authorizes operating costs assistance for permanent housing for handicapped homeless persons of up to 50 percent for the first year and 25 percent for the second year. Authorizes recipients to receive both advance and rehabilitation assistance. Permits reallocation of project assistance. Title V: Miscellaneous Provisions - Permits the use of section 8 assistance for single room occupancy dwellings for efficiency unit rehabilitation if the public housing agency agrees to pay such units' additional rehabilitation and operating costs. Defines "major spaces" for fire and safety improvement purposes as hallways, large common areas, and other areas specified in local fire, building, or safety codes. Directs the Secretary of Housing and Urban Development to: (1) determine whether an alternative system of distributing funds under title IV of such Act would be feasible if based on homeless population data; and (2) report to the Congress by March 1, 1989. Directs the Secretary to: (1) conduct a study of the effect of rent controls on housing stocks, including low-income housing; and (2) report to the Congress within six months of enactment of this Act. Title VI: Technical Amendments - Directs the Secretary to process the Tweemill House, New York, housing loan application without regard to certain cost and rent limits. Amends the Housing Act of 1949 to direct the Secretary of Agriculture to establish guidelines for the selection of qualified rural housing purchasers in situations of more than one purchase offer. Gives priority to organizations with prior community development or low-income housing experience. Increases the construction deadline from 24 months to 30 months for purposes of housing development grant NY-015-HG-601.
Bill· SS. 2549 (100th)open
United States · United States Congress · 21 June 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.
Bill· SS. 2544 (100th)open
United States · United States Congress · 21 June 1988
International Securities Enforcement Cooperation Act of 1988 - Title I: Assistance to Foreign Securities Authorities - Amends the Securities Exchange Act of 1934 to authorize the Securities and Exchange Commission (Commission) to provide assistance to a foreign securities authority in the conduct of investigations of securities law violations. Requires the foreign securities authority to: (1) make a formal request for such assistance; and (2) agree to provide similar assistance to the Commission in securities matters. Authorizes the Commission, upon a showing that certain information is needed, to provide all records and other information in its possession to such persons, both domestic and foreign, as the Commission by rule deems appropriate. Requires that the person receiving such records or information must provide such assurances of confidentiality as the Commission deems appropriate. Specifies that such authority shall not affect the Commission's responsibilities under the Right to Financial Privacy Act. Provides that notwithstanding the provisions of the Freedom of Information Act, the Commission shall not be compelled to disclose records obtained from a foreign securities authority if the foreign securities authority has in good faith represented to the Commission that public disclosure of such records would be contrary to the laws of the foreign country from which they were obtained. Specifies that this Act shall not prevent the Commission from complying with a request for information from the Congress or from complying with a court order in an action brought by the United States or the Commission. Title II: Foreign Misconduct By Securities Professional In Foreign Country As Basis For Restricting Professional's Activities In the United States Securities Industry - Authorizes the Commission to impose sanctions on brokers or dealers, associated persons, and individuals seeking to become associated persons of brokers or dealers on the basis of misconduct in a foreign country. Allows the Commission to base such sanctions on whether a person has been convicted of crimes substantially equivalent to those enumerated by the Securities Exchange Act or the Commodity Exchange Act or has engaged in activities substantially equivalent to those enumerated by such Acts however denominated by the laws of the relevant foreign government. Authorizes the Commission to base sanctions on findings by a foreign securities authority of: (1) false or misleading statements in registration or reporting materials filed with the foreign securities authority; (2) violations of statutory provisions concerning securities or commodities transactions; or (3) aiding, abetting, or otherwise causing another person's violation of such foreign securities or commodities provisions, or failing to supervise a person who has committed such a violation. Includes expulsion or suspension from membership or partnership in the foreign equivalent of a self-regulatory organization, contract market, board of trade, futures association or a foreign or international securities exchange as grounds for disqualification for membership in such organizations in the United States. Includes findings of certain types of improper conduct by a foreign financial regulatory authority as grounds for such disqualification. Defines a "foreign financial regulatory authority" as any: (1) foreign securities authority; (2) governmental body or foreign equivalent of a self-regulatory organization empowered by a foreign government to administer or enforce its laws relating to the regulation of fiduciaries, trusts, commercial lending, insurance, trading in futures contracts, or other instruments traded on or subject to the rules of a contract market, board of trade, or foreign equivalent, or other financial activities; or (3) membership organization a function of which is to regulate participation of its members in such activities. Defines "foreign securities authority" as any foreign government, or any governmental body or regulatory organization empowered by a foreign government to administer or enforce its laws as they relate to securities matters. Amends the Investment Company Act of 1940 and the Investment Advisers Act of 1940 to authorize the Commission to impose similar sanctions on similar grounds of misconduct in a foreign country on investment advisors or persons associated or seeking association with a registered investment advisory or investment company.
Bill· SS. 2528 (100th)open
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.
Bill· SS. 2523 (100th)open
United States · United States Congress · 16 June 1988
Amends Federal-aid highway law to direct the Secretary of Transportation to withhold five percent of a State's apportionment if it does not have an expedited driver's license suspension or revocation system in place for drivers who: (1) have committed an alcohol-related traffic offense; or (2) have operated a motor vehicle while under the influence of alcohol. Outlines the system's administrative parameters. Sets forth conditions under which the withheld funds will remain available to the affected State.
Law· SS. 2527 (100th)enacted
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.
Bill· SS. 2488 (100th)open
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.
Bill· SJRESS.J.Res. 334 (100th)referred
United States · United States Congress · 7 June 1988
Designates July 20, 1988, as Space Exploration Day.
Bill· SS. 2469 (100th)referred
United States · United States Congress · 6 June 1988
Federal Retirement Applications Processing Act of 1988 - Requires Federal agencies to ensure that employee personnel files include information of all Federal employment for retirement purposes within 120 days after an employee begins service with an agency. Requires an agency, if an employee gives at least a year's notice of intent to retire, to: (1) inform such employee of the agency retirement counselor and applicable seminars; and (2) begin processing the retirement application not later than 90 days before the date of separation. Requires the Office of Personnel Management (OPM) to compile quarterly information on the timeliness (within 30 days after a separation date) and accuracy of agencies in submitting retirement applications. Requires agencies that are less than 90 percent accurate or timely to prepare corrective action plans to achieve compliance. Directs OPM to report to the Congress annually on such compliance. Requires the agency retirement counselor to conduct seminars at least twice a year.
Bill· SJRESS.J.Res. 331 (100th)referred
United States · United States Congress · 27 May 1988
Designates the week of June 19 through June 25, 1988, as National Recognition of the Accomplishments of Women in the Workforce Week.
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