United States · United States Congress · 15 June 1988
Construction Safety and Health Improvement Act of 1988 - Amends the Occupational Safety and Health Act of 1970 (the Act) to provide for construction industry accident reporting, recordkeeping, investigation, and work-suspension procedures, for a permit system for hazardous construction operations, and for health and safety planning and supervision of all construction projects. Involves professional engineer-architects in such procedures. Increases civil and criminal violations and penalties under the Act. Defines a Professional Engineer-Architect (E-A) as an individual who: (1) has attained, through engineering education and science, a thorough knowledge of mathematical, physical, and engineering sciences and principles and methods of engineering analysis and design; and (2) is registered, where permitted, as a professional engineer in the State where such work is to be performed. Defines serious injury as one requiring professional medical treatment. Defines hazard analysis as a report: (1) detailing the potential safety hazards (including structural collapses, cave-ins, fires, flooding or other water hazards, explosions, and lightning) that could occur on a construction site throughout the construction process; and (2) containing instructions and provisions for the prevention or handling of potential safety hazards. Sets forth incident reporting, recordkeeping, and investigation procedures relating to construction site accidents. Requires the E-A responsible for the worksite to: (1) immediately investigate any incident upon its occurrence; and (2) report all reportable incidents on the construction worksite to the appropriate regional office of the Occupational Safety and Health Administration (OSHA) by telephone or telegraph immediately after their occurrence. Defines the term "reportable incident" as one that: (1) causes serious injury or death; (2) could have caused serious injury or death, as determined by the E-A; (3) involves a structural failure that leads to a collapse of a building; or (4) involves a near-collapse of a building. Excludes from such term an incident that causes serious injury or death, if an E-A determines that the incident was not a violation of: (1) the project construction process and hazard analysis or the Project Safety and Health Program and Procedures; or (2) the Act or a standard promulgated pursuant to the Act. Sets forth the types of information which such report must specify. Requires the employer, appropriate contractor, or the owner to bar ingress to and egress from, or other interference with, an incident site until OSHA completed its investigation, on the occurrence of a reportable incident involving: (1) three or more serious injuries; (2) a fatality; (3) a life-threatening injury; (4) a structural failure that leads to the collapse of a building; or (5) the near-collapse of a building. Allows necessary medical treatment or medical transportation and rescue and recovery work to take place at such site. Prohibits any work from being done at such site until OSHA completes its investigation and certifies that it is safe for work to continue. Requires the employer, appropriate contractor, or owner to take appropriate measures, as defined by regulations promulgated by the Secretary of Labor (the Secretary), to prevent the destruction of relevant evidence. Directs OSHA to conduct an investigation of such an incident (including site inspection) as soon as practicable after it is reported. Requires the employer, appropriate contractor, or owner to grant OSHA immediate access to the incident site. Requires OSHA to ensure a full investigation. Requires such investigation to take place within 24 hours following receipt of the report unless rescue and recovery operations are in progress or OSHA determines that conditions at the site would make investigation dangerous. Directs OSHA to determine during the investigation whether the incident site is an imminent danger or to certify that work may resume at the site. Directs OSHA, following such investigation, to prepare a description of the incident (including all items specified for E-A reports) and submit it to the area office as soon as possible, but no later than one week following commencement of the investigation. Requires each employer engaged in construction work to file a report with OSHA upon completion of such work at a construction project. Requires such reports to include information on work incidents, injuries, and deaths. Requires that such information be used to: (1) determine the national incident rate average for each type of construction work; and (2) target for inspections high hazard construction operations, and employers that have a higher than average incident rate. Revises provisions for civil and criminal penalties under the Act. Raises to $25,000 the maximum civil penalty for each: (1) willful or repeated violation (currently $10,000); (2) citation for a serious violation (currently $1,000); (3) citation for a violation determined not serious (currently $1,000); and (4) failure (per day) to correct a violation (currently $1,000). Makes mandatory (currently discretionary) the assessment of a civil penalty against employers who fail to correct a violation against which a citation has been issued. Adds criminal penalties for repeated violations of specified standards, rules, or orders under the Act and for failure to correct a violation for which a citation has been issued (as well as for willful violations), if that violation or failure caused death, serious injury, or illness to any employee, or was a serious violation under new provisions covering directors, officers, or agents of a corporate employer who knowingly authorize, order, or carry out violations, failures, or refusals to comply with orders under the Act. Increases the maximum criminal penalties for such violations (after having increased their scope beyond willful violations resulting in an employee death) to $250,000 in fines and/or 20 years' imprisonment (currently $10,000 and/or six months), and, for violations committed after a first conviction, to $500,000 and/or ten years (currently $20,000 and/or one year). Increases the maximum criminal penalties for giving advance notice of an inspection (without the authority of the Secretary or a designee under the Act) to $50,000 in fines and/or one year's imprisonment (currently, $1,000 and/or six months). Increases the maximum criminal penalties for false statements, representations, or certifications under the Act to $100,000 in fines and/or one year's imprisonment (currently $10,000 and/or six months). Increases the maximum civil penalty for a violation of posting requirements to $25,000 (currently $1,000). Revises procedures for the payment of civil penalties to require that interest be charged against a person on any final order of the Occupational Safety and Health Review Commission (the Commission) or the U.S. district court. Specifies such interest rate and requires accrual to begin 30 days after issuance of such order. Subjects any director, officer, or agent of a corporate employer, who knowingly authorized, ordered, or carried out the employer's violation of a safety or health standard or knowing violation or failure or refusal to comply with an order issued under the Act, to the same civil penalties, criminal fines, and imprisonment that may be imposed on a person under applicable provisions of the Act. Prohibits the use of the assets of any business entity to pay, directly or indirectly, a penalty or fine imposed on a director, officer, or agent. Establishes criminal penalties for any director, officer, or agent of any employer who discovers an occupational hazard at the workplace that could cause serious injury or illness to any employee and who fails, during the 15 day-period after such discovery (or immediately, if there is an imminent risk of bodily injury or death), to: (1) inform the Assistant Secretary in writing, unless such person has actual knowledge that the Assistant Secretary has been so informed; and (2) warn affected employees in writing, unless such person has actual knowledge that such employees have been so warned. Sets the maximum penalty for such violation at $250,000 in fines and/or ten years' imprisonment. Prohibits fines from being paid, directly or indirectly, out of the assets of any business entity on behalf of such individual. Establishes criminal penalties for any person who knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person's having informed the Assistanct Secretary or warned employees of a serious concealed occupational hazard at the workplace. Sets the maximum penalty for such a violation at $250,000 in fines and/or ten years' imprisonment. Prohibits such fines from being paid, directly or indirectly, out of the assets of any business entity on behalf of such an individual. Prohibits compromise, mitigation, or settlement of any proposed civil penalty that has been: (1) issued under provisions for enforcement procedures under the Act, unless the affected employees or their representative have been given a full opportunity to participate in the process resulting in such an outcome; or (2) contested before the Commission under the Act, except with the Commission's approval. Prohibits compromise, mitigation, or settlement of any penalty assessment that has become a final order of the Commission, except with court approval. Makes each instance a separate violation, for purposes of assessing civil penalties and fines, where there are multiple instances of a violation of a standard under the Act. Considers a serious violation to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition that exists there, or from one or more practices, means, methods, operations, or processes that have been adopted or in use there, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. Subjects to criminal penalties, upon conviction, any person who knowingly distributes, offers for sale, introduces, or delivers in commerce any equipment (or components or accessories) for use at a construction site, if such equipment: (1) is represented as complying with the provisions of the Act or any applicable specification or regulation of the Secretary; but (2) does not so comply. Provides that no State or local law shall be superseded by any provision, order, or standard under the Act, unless such law is in conflict with it. Provides that State or local safety and health laws are not in conflict with the Act if they provide standards which are either more stringent than or not provided by the Act. Provides that nothing in the Act shall preclude State and local law enforcement agencies from engaging in criminal prosecutions in accordance with State or local laws. Establishes a permit system for certain construction operations under the Act. Requires the issuance of a permit by an E-A for an employment or place of employment prior to the commencement of any of the following covered operations: (1) the construction of trenches and excavations that are five feet or deeper and into which a person is required to descend; (2) the erection of scaffolding that is more than three stories high; (3) the demolition of any building, structure, or the dismantling of scaffolding, that is more than three stories high; (4) operations involving exposure to asbestos; (5) any other operation that OSHA determines involves an exposure of employees to death or serious bodily harm; and (6) any other operation on a specific project which involves an exposure to death or serious bodily harm. Requires a construction industry employer to obtain such a permit by submitting an application demonstrating that the employer knows, complies with, and intends to comply with, all statutes, regulations, standards, and agency directives applicable to construction work generally and to the covered operation or operations specifically, including all requirements set forth in the Act. Requires such an application to include a copy of: (1) the Project Safety and Health Program Procedures; and (2) the Construction Process Plan and Hazard Analysis. Requires only one application and one permit for two or more operations to be performed concurrently by the same employer. Allows an employer who complies with the general application demonstration requirements to obtain an annual permit in lieu of an application and permit for each covered operation of that employer. Requires the employer, before commencement of work on each new covered operation within the year covered by the annual permit, to: (1) notify the project E-A of the nature, location, and intended date of commencement of such operation; and (2) certify that the demonstration made to obtain such annual permit continues to apply to such new operation. Requires such notification to include copies of that portion of the Project Safety and Health Program and Procedures and the Construction Process Plan and Hazard Analysis that are applicable to such new operation or that have been revised since submission of the permit application. Requires permit applications to be submitted to an E-A for certification (or to OSHA in the absence of a permit certified by an E-A). Directs OSHA to establish a schedule of fees to cover the costs involved in investigating and issuing permits. Requires employers to pay such fees to the E-A or OSHA prior to permit issuance. Requires every employer issued a permit to post a copy or copies at or near each place of employment involving a covered operation (or at the nearest practicable location of such employer if the posting is impracticable at the site of an excavation). Makes specified Federal criminal law penalties applicable to false statements made with respect to permit applications and information. Requires that all construction projects be under the supervision of a professional E-A who is registered in the State where the project is located. Makes the owner of the project responsible for designating the E-A. (Considers the owner to have joint responsibility where the project contract specifically assigns such responsibility to a project or construction manager or a prime or general contractor.) Makes the E-A responsible for: (1) determining whether a project's size or complexity requires the designation of qualified representatives of the E-A to ensure that the work is performed in compliance with all provisions, orders, and standards under the Act; (2) assuring that an adequate number of qualified designated representatives (meeting requirements for being competent persons) are assigned to the project; and (3) the actions, and compliance with the Act, of the designated representatives. Makes the E-A liable to the same extent that the supervisor is liable for violations of the Act. Requires posting at each construction project, near the OSHA poster, of the name and registration number of the E-A and the names of all designated representatives. Allows, in such instances, work on the project to be performed only when the E-A's designated representative or representatives will be present on the work site. Allows work on a construction project to be performed only when the E-A is present on the site, unless the E-A determines and certifies that a designated representative will be present on the site and will be sufficient to assure that the work will be performed in compliance with all provisions, orders, and standards under this Act. Makes the owner responsible for the development and implementation on the project of Project Safety and Health Program and Procedures (project procedures). (Considers the owner to have joint responsibility where the project contract assigns such responsibility to a project or construction manager, contractor, or other person.) Requires project procedures to be job-site specific, with benchmarks for monitoring compliance with the program. Requires that specific duties and responsibilities for monitoring compliance with such procedures be assigned to the E-A or designated representatives. Prohibits certain liability claims against labor-management committee members or labor unions if such a committee participates in monitoring project procedures. Directs the E-A to review project procedures, and to certify approval after determining that they: (1) will adequately address safety and health-related conditions anticipated on the project; and (2) contain appropriate provisions for education and training of employers, supervisors, and employees in the recognition, avoidance, and prevention of unsafe and unhealthy conditions. Requires an E-A to perform or supervise, and the project E-A to verify, any required design (or alterations or modifications in the design) of equipment, structures, temporary structures, drawings, or processes. Requires the E-A to notify in writing the appropriate contractors and subcontractors performing work on the project of the existence of hazardous conditions or work practices that violate any Federal, State, or local safety and health laws or regulations, and of noncompliance with any project procedures. Directs the E-A to notify the owner and to require that work be stopped or affected employees be removed from areas where an imminent danger exists. Requires certification of designated representatives in the appropriate State. Directs the Secretary to review and approve such State certification programs and to provide such certification where such State programs are not provided. Requires every owner to prepare a construction process plan and hazard analysis for every construction project prior to commencement of work on that project. (Considers the owner to have joint responsibility where the project contract assigns such responsibility to a project or construction manager or a project or general contractor.) Requires E-A review and approval of such plan and analysis prior to commencement of work on the project. Requires such plan and analysis to include specified components. Requires the prime or general contractor to provide every other contractor and subcontractor, prior to their commencement of work on the project, with a copy of such plan and analysis. Requires every contractor and subcontractor to maintain the plan and analysis throughout its presence on the project and to make such available for review by its employees and employee representatives. Requires all contractors and subcontractors on the project to observe the construction process plan, unless the E-A certifies an exception from one or more aspects of the plan. Requires the project E-A, prior to the commencement of work on a construction project, to certify to OSHA project compliance with all requirements relating to the permit system for certain hazardous construction operations, and with the health and safety supervisory rules for all construction projects under the Act. Authorizes the Secretary, with the approval of the Advisory Committee on Construction, Safety and Health, to exempt from such requirements for all construction projects: (1) certain sizes or types of construction operations, as determined appropriate by the Secretary; and (2) other construction operations, if they are being performed according to a specific plan that includes adequate safety and health procedures approved by an E-A.
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
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 · 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.
United States · United States Congress · 26 May 1988
State and Local River Conservation Act of 1988 - Encourages States to make specified assessments with respect to the identification of rivers needing environmental protection and to develop protection programs with respect to such rivers. Requires each State to develop river protection plans designed to protect such rivers' natural and environmental values. Requires each State, in developing such plans, to make reasonable efforts, including the creation of river protection commissions, to consult with interested parties. Requires the Secretary of the Interior and the Secretary of State to appoint river protection commission members. Requires such commissions to assist in the development and implementation of river protection plans. Authorizes appropriations. Authorizes the Secretary of the Interior to make grants to States, local governments, or river commissions that intend to develop or implement programs and river protection plans. Limits Federal funds to no more than 67 percent of the cost of State programs developed under this Act. Requires the Secretary of the Interior to review State river protection programs every five years for compliance with this Act. Terminates assistance for those States which fail to comply. Provides that current State river protection efforts meeting the criteria under this Act shall be automatically eligible for river protection grants. Provides that this Act shall not affect State or Federal programs developed under the Wild and Scenic Rivers Act and is intended to supplement and enhance the river protection provisions of the Electric Consumer Protection Act of 1986. Prohibits a permit, license, or exemption, or an amendment thereto, to be issued for the construction of an original hydroelectric project by the Federal Energy Regulatory Commission if, at the time the application is considered by the Commission, the project would be inconsistent with a State's river protection plan. Requires the Commission to comply with specified requirements when relicensing a hydroelectric project. Requires each Federal agency conducting or regulating activities on rivers covered by this Act to conduct or regulate those activities in a manner consistent with the Electric Consumer Protection Act of 1986 and this Act.
United States · United States Congress · 25 May 1988
Student Aid Integrity and Accountability Amendments of 1988 - Amends the Higher Education Act of 1965 (HEA) to revise and add provisions relating to title IV (Student Assistance) programs. Eliminates a requirement that at least 85 percent of Pell Grant payment funds be advanced to eligible institutions before the start of each payment period. Limits Pell Grant individual eligibility to three academic years in the case of an undergraduate degree or certificate program normally requiring two years or less. Authorizes the Secretary of Education (the Secretary) to prescribe regulations reasonably necessary to carry out the purposes of Pell Grant provisions. Requires institutional accountability plans under the allocation of funds provisions of the supplemental education opportunity grant (SEOG) program and the work-study program. Permits adjustments of an institution's allocation if it fails to meet the performance goals established in its accountability plan. Requires participating institutions to develop such plans to assess, in quantifiable terms, their success in providing an education of demonstrable value to their students. Directs the Secretary to publish and take public comment on: (1) a number of criteria from which an institution shall select those to be included in its plans; and (2) minimum standards for evaluating institutional performance. Directs the Secretary, based upon the advice of review panels representative of the higher education community, to review initial plans and approve them if minimum standards are met. Requires approval of such a plan before an institution may receive an allocation for award year 1989-1990 or 1990-1991. Sets forth procedures relating to revised plans in later academic years. Requires institutions with approved plans to submit annual progress reports. Directs the Secretary to: (1) review such reports; (2) reduce allocations as appropriate; and (3) redistribute the resulting excess allocations to institutions that have met or exceeded their objectives, on the basis of their relative need. Requires the final award notifications regarding allocations of campus-based funds (i.e. those under SEOG and work-study programs) for award year 1989-1990 to be sent to institutions by June 1, 1989. Revises provisions under the guaranteed student loan (GSL) program for Federal payments to reduce student interest costs. Reduces from 100 percent to 90 percent the portion of: (1) the unpaid principal of loans which must be insured under program agreements to qualify for interest subsidies; and (2) student loan insurance program costs which the Secretary reimburses to guaranty agencies under GSL guarantee agreements for reimbursing losses. Reduces such reimbursement to: (1) 80 percent where the default rate for a guaranty agency's loans exceeds five percent; and (2) 70 percent where such rate exceeds nine percent. Revises limitations on individual federally-insured loans and on Federal loan insurance. Extends the guarantee to: (1) 90 percent of the unpaid balance of the principal amount of the loan guaranteed including interest, for loans made to cover instruction periods beginning on or after July 1, 1988, and for consolidation loans made on or after such date; and (2) 100 percent of the unpaid balance of the principal amount of the loan guaranteed, plus interest for loans made to cover such periods. (These provisions replace provisions for reduction of the level of such insurance coverage because of certain default rates.) Requires lenders, under the guaranteed student loans (GSL), supplemental loan for students (SLC), income-contingent loan (ICL), Perkins Loan, and parent loan (PLUS) programs, to obtain a credit report from at least one national credit bureau organization on any loan applicant over 21 years of age. Allows the lender to charge the applicant for the cost of such report, up to $25. Requires any applicant with a negative credit history (but not merely nonexistent or insufficient history) to obtain a credit-worthy cosigner. Revises eligibility requirements for student aid recipients. Requires all such recipients to have earned a high school diploma or its recognized equivalent. Requires that institutional determinations of undue hardship based on special circumstances, for purposes of waiving student satisfactory progress requirements, be made according to criteria established by the Secretary. Repeals certain provisions relating to the student aid eligibility of students admitted on the basis of ability to benefit from an educational or training program. Repeals a prohibition against the Secretary's requiring institutions to verify the accuracy of data used to determine eligibility for any student assistance program under title IV of HEA. Requires the National Student Loan Data System (the System) to include such information as the Secretary may reasonably require. Allows entities (and individuals) specifically authorized by the Secretary to have access to information in the System. Subjects the access of guaranty agencies under the Part B GSL program to such limitations as the Secretary may prescribe. Allows for other uses of such information as the Secretary may authorize. Removes a prohibition against the Secretary's requiring lenders, guaranty agencies, or institutions of higher education to verify information or obtain eligibility or other information through the System before making, guaranteeing, or certifying a GSL or direct loan. Requires the use of criteria established by the Secretary in determinations: (1) by institutions that undue hardship justifies a waiver of certain eligibility requirements for Pell Grants; and (2) by financial aid administrators that a student is independent by reason of unusual circumstances, for purposes of needs analysis for Pell Grants or other student assistance programs. Requires borrowers under the GSL, SLS, ICL, or Perkins Loan programs to provide their driver's license numbers at the times of loan application and, as part of the school's exit interview, their expected address and the name and address of their expected employer after graduation. Provides that a lender or guaranty agency shall not be relieved of liability for civil penalties because of its cure of a violation or correction of a failure under the GSL program, or its notification of a person who received a substantial misrepresentation of the actual nature of the financial charges involved if the cure, correction, or notification is made after the Department of Education discovers the violation, failure, or misrepresentation. Directs the Secretary to limit, suspend, or terminate a lender from participation in the insurance agencies operated by guaranty agencies under the GSL program if the lender has substantially failed to carry out any provision of title IV, any regulation prescribed under title IV, or any application special arrangement, agreement, or limitation. Directs the Secretary to take emergency action to stop the issuance of guarantee commitments and the payment of interest benefits and special allowances to a lender if the Secretary: (1) receives reliable information that the lender is violating any title IV provisions or regulations, or any applicable special arrangement, agreement, or limitation; (2) determines that immediate action is necessary to prevent misuse of Federal funds; and (3) determines that the likelihood of loss outweighs the importance of following authorized limitation, suspension, or termination procedures. Limits such an emergency action to 30 days unless a limitation, suspension, or termination proceeding is begun before the expiration of that period. Directs the Secretary to provide the lender, upon request, an opportunity to show cause that the emergency action is unwarranted. Includes violations of or failures to carry out any applicable special arrangement, agreement, or limitation among the violations and failures for which the Secretary may prescribe regulations to limit, suspend, or terminate the title IV program eligibility of an institution and may impose civil penalties. Authorizes the Secretary to prescribe regulations for: (1) emergency actions against institutions, individuals, or private, for-profit organizations that have contracted with institutions to administer any aspect of the institution's student assistance program; and (2) the limitation, suspension, or termination of eligibility of such an individual or private, for-profit organization to enter into such a contract. Prohibits an eligible institution from measuring the length of a course of study or academic year on a credit hour basis for title IV purposes if it is licensed by the State to provide such a course measured by the State on a clock hour basis. Allows the institution to make such measurement on either basis if the State measures on both a clock hour and credit hour basis. Makes the State's assessment of the number of credit hours constituting the course of study applicable if the institution chooses to measure on a credit hour basis. Requires eligible lenders or other loan holders who acquire loans under the GSL program to notify the borrower, the guaranty agency, and the eligible institution that the borrower attended of such acquisition within 30 days of the sale or other transfer of the loan. Makes a technical amendment to the Consolidated Omnibus Budget Reconciliation Act of 1985.
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
Establishes floors for the 1989 Federal assistance percentages, used in determining Federal payments to States under title XIX (Medicaid) and parts A (Aid to Families with Dependent Children) and E (Foster Care and Adoption Assistance) of title IV of the Social Security Act.
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
Cooperative Organ Transplant Contributions Act of 1988 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns that any portion of their income tax refund or any cash donation included with the return be paid to the National Organ Transplant Trust Fund. Establishes in the Treasury the National Organ Transplant Trust Fund and appropriates to it amounts equal to those designated on tax returns, as well as any other cash contributions made to it. Directs each State to establish a program through which Fund monies will be used to provide assistance in paying the costs of organ transplantation procedures and immunosuppressive drugs for individuals who meet certain financial need requirements and who have a medical condition for which a transplant procedure is reasonably medically necessary. Prescribes conditions to govern Fund administration. Permits payment of Fund monies to a State only if the Secretary of Health and Human Services certifies that the State is properly carrying out its program and has fully accounted for previously received monies. Requires the State's chief health officer to place monies received from the Fund into a separate interest-bearing account, to be disbursed only to eligible individuals. Limits the ways in which States may use Fund monies. Requires each State to submit an annual report concerning its organ transplant program.
United States · United States Congress · 16 May 1988
Amends the Federal Cigarette Labeling and Advertising Act to require manufacturers and importers of cigarettes to place warnings concerning the addictive nature of cigarettes on packages and in advertisements.
United States · United States Congress · 13 May 1988
Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. Includes within such Act's coverage persons who are in the process of being admitted to a facility for care or treatment. Sets forth requirements for the composition of State governing boards. (State governing boards are responsible for the planning, design, implementation, and functioning of the system established to protect and advocate the rights of the mentally ill.) Requires each system to include in its annual report to the Secretary of Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system. Directs the Comptroller General to prepare a report that: (1) identifies whether mentally ill individuals held in jails are subjected to abuse and neglect; (2) describes the extent to which mentally ill individuals are being inappropriately confined in prisons or jails; (3) describes model programs designed to divert such individuals to appropriate mental health programs; and (4) describes the extent to which public defenders have knowledge of or training regarding the special needs of the mentally ill. Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental health services; and (2) family members of the mentally ill. Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems. Requires each eligible system to: (1) provide the public with an opportunity to comment on the priorities and activities of the system; and (2) establish a grievance procedure for
United States · United States Congress · 12 May 1988
Disaster Relief Act Amendments of 1988 - Renames the Disaster Relief Act of 1974 the Major Disaster Relief and Emergency Assistance Act. Amends such Act to establish an emergency assistance program. Sets forth procedures for State governors to request the President to determine an emergency. Describes general Federal assistance under such an emergency, including debris removal assistance. Limits the amount of emergency assistance to $5,000,000, which may be exceeded if the President finds it necessary. Requires the President to report to the Congress on the nature and extent of an emergency when such limitation is exceeded. Increases from $25,000 to $50,000 the maximum amount of grants to States for improvement, maintenance, and updating of State plans. Allows the consideration of economic status when providing disaster assistance. Requires public and private nonprofit facilities in flood hazard areas to maintain flood insurance. Declares that major disaster and emergency assistance shall not be considered income or a resource when determining benefit levels for Federal programs. Declares that major disaster and emergency assistance shall not be deemed a major Federal action under the National Environmental Policy Act of 1969. Authorizes the Federal Government to recover the cost of assistance from any person whose negligent act or omission, or whose act or omission while engaged in ultra-hazardous activity, resulted in an emergency of major disaster. Directs the President to conduct audits and investigations necessary to ensure compliance with this Act. Sets forth provisions relating to criminal and civil penalties. Sets forth procedures for State governors to request declarations by the President that a major disaster exists. Requires such request to be based on a finding that effective response to such disaster is beyond the capabilities of the State and local governments and that Federal assistance is necessary. Describes general and essential assistance that the President may provide. Decreases from 100 percent to 75 percent the Federal share of the cost to repair, restore, reconstruct, or replace public facilities and private nonprofit facilities which are damaged by a major disaster. Declares the Federal share of assistance for debris removal to be 75 percent. Provides for temporary housing assistance for up to 18 months after the date of a major disaster. Authorizes the President to extend such period due to extraordinary circumstances. Declares the Federal share of such assistance to be 100 percent of eligible costs. Declares the Federal share to be 75 percent for a group site development of mobile homes or other readily fabricated dwellings. Authorizes the President to contribute up to 50 percent of the cost of implementing hazard mitigation measures which would be cost effective and would substantially reduce the risk of future damage, hardship, loss, or suffering in the area affected by a major disaster. Declares that disaster unemployment assistance is not payable for any week for which an individual is entitled to unemployment compensation or waiting week credit. Provides for reducing disaster unemployment assistance by any amounts received from private income protection insurance compensation. Modifies the requirement that the States repay the advances on matching grants made by the Federal Government for individual and family disaster relief grants by deferring repayment (and the interest accruing thereon) for a maximum period of two years from the date of the major disaster declaration. Increases from $5,000 to $7,500 the maximum aggregate grant amount which an individual or family may receive with respect to any one major disaster. Repeals disaster relief provisions regarding purchasers of Federal timber. Removes the Canal Zone from coverage under such Act. Prohibits a State from being ruled ineligible to receive disaster assistance solely by virtue of an arithmetic formula based on income or population.
United States · United States Congress · 10 May 1988
Expresses the sense of the Senate that the President should call upon the leaders of the major industrial nations at the June summit to act to protect the earth's stratospheric ozone layer by agreeing to: (1) deposit, by October 1, 1988, all instruments of ratification, acceptance, and approval of the Montreal Protocol on Substances that Deplete the Ozone Layer; (2) immediately call for a meeting of the parties to the Protocol to consider the necessity for further measures; and (3) implement, within one year, domestic prohibitions on all non-essential uses of ozone depleting substances specified in the Protocol.
United States · United States Congress · 28 April 1988
Americans with Disabilities Act of 1988 - Provides that no person shall be subjected to discrimination on the basis of handicap in: (1) employment practices and training covered by title VII of the Civil Rights Act of 1964; (2) the sale or rental of housing covered by title VIII of the Civil Rights Act of 1968; (3) any public accommodation covered by title II of the Civil Rights Act of 1964; (4) transportation services; (5) the actions, practices, and operations of State and local governments; and (6) broadcasts, communications, or telecommunications services. Lists the forms of discrimination which are prohibited by this Act, including: (1) denying any persons the opportunity to participate in or benefit from a service, program, job, or other opportunity on the basis of his or her handicap; (2) establishing (or failing to remove) any architectural, transportation, or communication barriers that prevent the access or limit the participation of persons because of their handicap; (3) failing or refusing to make a reasonable accommodation to permit a handicapped individual to have access to a program, activity, job, or opportunity; (4) imposing any unnecessary standard or criteria that screens out or places the handicapped at a disadvantage; and (5) denying services, programs, jobs, or other opportunities to any person because of that person's relationship to, or association with, a handicapped person. Permits the exclusion or denial of equal access to services, programs, jobs, or other opportunities to persons: (1) for reasons unrelated to the existence of their handicap; or (2) based upon the application of standards or criteria that are necessary and substantially related to the ability to perform essential components of the job, program, activity, or opportunity, and such performance cannot be accomplished by a reasonable accommodation. States that it shall be an act of discrimination, in regard to housing, to discriminate in the sale or rental of a dwelling (or in the terms, conditions, or privileges of such sale or rental) to any buyer or renter because of the physical or mental impairment of: (1) the buyer or renter; (2) a person residing in, or intending to reside in, such dwelling; or (3) any person associated with the buyer or renter. States that it shall be an act of discrimination to: (1) refuse to permit reasonable modifications, at the expense of the handicapped person, to afford such person enjoyment of the premises; (2) refuse to make reasonable accommodation in rules, policies, practices, or services to afford handicapped individuals equal opportunity to use and enjoy the dwelling; or (3) fail to design and construct multifamily dwellings (after a specified date) which are accessible to the handicapped. Provides certain limitations on the duties of accommodation and barrier removal. Sets forth guidelines for the establishment of requirements and promulgation of regulations by specified Federal entities with respect to: (1) the accessibility of buildings and transportation systems; (2) the implementation and enforcement of the requirements of this Act; (3) employment practices; (4) the sale and rental of housing; and (5) the removal of communication barriers. Establishes procedures for the administrative enforcement of the provisions of this Act. Establishes a civil right of action for individuals who are subjected to discrimination in violation of this Act.
United States · United States Congress · 28 April 1988
Outer Space Protection Act of 1988 - Reaffirms U.S. policy that activities in space should be devoted to peaceful purposes to benefit mankind. Prohibits the use of funds by the Department of Defense or any other Government agency for: (1) the development, testing, production, or deployment of any weapon system designed to be based in outer space; (2) the testing of any weapon system to determine its capability to damage or destroy any object in outer space; or (3) the launch of any spacecraft that carries weapons capable of inflicting death or injury on people. Urges and requests the President to enter into bilateral negotiations with the Soviet Union concerning weapons systems in outer space. Specifies the purposes of such negotiations as: (1) prohibiting the development, testing, production, and deployment of all weapons based in outer space and the testing of all weapons against objects in outer space; (2) establishing limitations on technologies that could become weapons; (3) determining methods for monitoring compliance with such limitations and with mutually agreed upon prohibitions on weapons in outer space and the testing of antisatellite weapons; and (4) encouraging the effective utilization of the Standing Consultative Commission (established under the 1972 Anti-Ballistic Missile Treaty) to resolve disagreements and to develop limitations and verification procedures for new technologies. Urges and requests the President, in the event that such negotiations result in an agreement, to initiate discussions in the United Nations toward an international agreement to prohibit the development, testing, production, and deployment of all weapons in outer space and to prohibit the testing of all antisatellite weapons. Requires the Secretary of Defense to manage the long-term basic research on ballistic missile defense technologies so as to provide the United States with expanded options for responding to any future breakout by the Soviet Union from 1972 Anti-Ballistic Missile Treaty. Specifies that nothing in this Act shall be construed to prohibit the obligation or expenditure of funds for non-weapon military operations in outer space. States that the provisions of this Act relating to bilateral negotiations with the Soviet Union and the prohibition on the use of funds for space weapons shall become inapplicable if: (1) the President certifies to the Congress that the Soviet Union has tested space weapons; or (2) the Soviet Union declares its intention to develop and deploy space weapons.
United States · United States Congress · 19 April 1988
Expresses the sense of the Senate that: (1) the Environmental Protection Agency should encourage the use of biodegradable plastic bags and other degradable plastic applications; and (2) the General Services Administration should implement, when possible, the use of biodegradable bags and other degradable plastic products in its operations.
United States · United States Congress · 19 April 1988
States that the Congress is committed to the continued distribution of surplus commodities through the Temporary Emergency Food Assistance Program for as long as the Secretary of Agriculture deems the supply of Government-owned surplus commodities to be sufficient for an effective national distribution program.
United States · United States Congress · 12 April 1988
Condemns the use of chemical weapons by Iraq and calls upon Iraq to halt the use of such weapons. Commends the President for his prompt condemnation of Iraq's recent chemical weapons attack on civilians. Urges the President to: (1) seek allied cooperation to tighten controls on the export of chemical compounds to countries seeking to develop a chemical weapons capability; (2) make appropriate diplomatic efforts to prevent Iran from developing or using chemical weapons; and (3) intensify American efforts at the Geneva Conference on Disarmament and in bilateral discussions with the Soviet Union to achieve an arms control agreement banning the production, use, and transfer of chemical weapons.
United States · United States Congress · 31 March 1988
Medicare Rural Long-Term Care Demonstration Act of 1988 - Directs the Secretary of Health and Human Services to conduct 25 five-year demonstration projects testing alternative approaches for delivering long-term care to elderly Medicare (title XVIII of the Social Security Act) beneficiaries residing in rural areas. Requires that, in determining which rural health care providers will participate in such projects, the Secretary: (1) take into account the extent to which the proposed project will test the use of volunteers and paraprofessionals in the delivery of such care; and (2) ensure that approximately 75 percent of the projects are community-based while approximately 25 percent are hospital-based. Requires the Secretary to conduct an on-going evaluation of each project which includes an analysis of the quality of care provided, community and recipient acceptance of the project, and the financial impact of the project on the programs under titles XVIII (Medicare), XIX (Medicaid), and XX (Grants to States for Social Services) of the Social Security Act. Provides that such projects may include case management services and home health, day, and respite care, but prohibits the inclusion of services for which payment is otherwise made under the Medicare and Medicaid programs. Directs the Secretary to report to the Congress on the results of such projects by January 1, 1994. Authorizes appropriations for such projects from the Federal Hospital Insurance Trust Fund through FY 1993.
![Official portrait of Sen. Stafford, Robert T. [R-VT]](https://www.congress.gov/img/member/s000776_200.jpg)