United States · United States Congress · 3 January 1989
Federal Employees' Political Activities Act of 1989 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1989
Enterprise Zone Improvements Act of 1989 - Title I: Housing and Community Development Provisions - Amends the Housing and Community Development Act of 1987 to require each Federal agency that provides special assistance to enterprise zones or that waives or modifies rules within such zones to report to the Congress and to the Secretary of Housing and Urban Development identifying its actions. Broadens the scope of funding sources for State and local government actions required in connection with tax relief and regulatory simplification in enterprise zones. Directs Federal agencies to seek to provide special assistance to enterprise zones, including expedited processing, priority funding, program set-asides, and technical assistance. Authorizes all Federal agencies to waive or modify rules within enterprise zones. (Under current law, only the Secretary of Housing and Urban Development and, in some cases, the Secretary of Agriculture may do so.) Adds the promotion of affordable housing and law enforcement as objectives justifying waiver or modification of Federal agency rules in an enterprise zone. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the credit amount at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of enterprise zone property if, within one year after the sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within a zone). Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Treats any gain from the disposition of the stock as ordinary income. Subtitle E: Rules Relating to Private Activity Bonds - Declares that: (1) limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property; and (2) the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone business that become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 percent to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary to issue regulations to carry out the provisions of this Act not later than six months after enactment. Title III: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones.
United States · United States Congress · 3 January 1989
Tech-Prep Education Act - Amends the Carl D. Perkins Vocational Education Act to establish a program of grants to consortia of local educational agencies and community colleges to provide tech-prep education programs. Defines "tech-prep education program" as a combined secondary and postsecondary program which: (1) leads to an associate degree or two-year certificate; (2) provides technical preparation in at least one field of engineering technology, applied science, or mechanical, industrial, or practical art or trade; (3) provides competence in mathematics, science, and communications (including through applied academics); and (4) leads to placement in employment. Directs the Secretary of Education to make grants to pay the Federal share of the cost of activities carried out under this Act to consortia of: (1) local educational agencies or area vocational schools serving secondary school students; and (2) community colleges or postsecondary vocational technical schools. Sets forth the Federal share. Requires each grant recipient to use the grant funds to develop and operate a four-year technical preparation education program with specified curricula. Sets forth application and reporting requirements. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
Credit Repair Organizations Act - Amends the Consumer Credit Protection Act to prohibit any credit repair organization (any person who provides a service for the purpose of improving a consumer's credit record) from: (1) charging or receiving any money prior to the completion of its services (unless it has obtained a $50,000 surety bond); (2) charging or receiving money solely for the referral of a customer to a retailer if the credit which may be extended to the buyer is upon substantially the same terms as those available to the general public; (3) advising any client to make an untrue or misleading statement; or (4) using any untrue or misleading statement. Requires the organization to provide the consumer with a written disclosure statement which includes a description of: (1) the consumer's rights; (2) the services to be provided by the organization; and (3) the total amount the consumer will be charged. Sets forth contract requirements and the rights of the consumer with regard to cancellation of such contract. Subjects any organization which fails to comply with any provision of this Act to Federal civil liability. Provides for the administrative enforcement of this Act by the Federal Trade Commission, as provided in the Federal Trade Commission Act.
United States · United States Congress · 3 January 1989
Depository Institutions Enhanced Enforcement Powers Act of 1989 - Title I: Insider Abuse Prevention and Enhanced Enforcement Powers - Amends the Federal Deposit Insurance Act, the Home Owners' Loan Act of 1933, and the National Housing Act to subject employees, agents, and shareholders of banks and thrift institutions to administrative enforcement orders. Amends the Federal Credit Union Act to subject committee members, employees, or agents of an insured credit union to administrative orders. (Current law provides that only officers and directors of depository institutions are subject to such enforcement orders.) Revises the authority of the Federal Deposit Insurance Corporation (FDIC), the Federal Home Loan Bank Board (FHLBB), the Federal Savings and Loan Insurance Corporation (FSLIC), and the National Credit Union Administration (NCUA) to issue cease and desist orders concerning depository institutions within their respective jurisdictions. Allows such agencies to issue cease and desist orders to: (1) require affirmative action to correct conditions resulting from certain violations or practices, including making restitution or reimbursement, providing indemnification, rescinding contracts, or disposing of assets or loans; (2) limit the activities or functions of the depository institution or any director, officer, or other person participating in the conduct of institution affairs; and (3) require the cessation of certain activities if the depository institution's books and records are incomplete or inaccurate or require the restoration of books and records to a complete and accurate state. Revises rules concerning the suspension or removal by the FDIC, the FHLBB, the FSLIC, and the NCUA of a director or officer of a depository institution due to misconduct. Repeals the requirement that the regulatory agency must show misconduct by an officer or director which results in "substantial" financial loss or other damage to the depository institution. (Allows the temporary removal of an officer or director for misconduct pending a permanent removal if necessary for the protection of the institution or depositors). Provides for identical standards for such removal regardless of where the misconduct occurred. (Current law provides for different standards depending on whether the misconduct took place at another institution or business enterprise or at the particular institution from which removal is sought.) Allows the regulatory agency involved to seek such a suspension or removal in cases where an officer or director has violated any written agreement between the institution and the regulatory agency. Prohibits any person who has been removed or suspended from office or prohibited from participating in the affairs of a depository institution by an order of the FDIC, the FHLBB, the FSLIC, or the NCUA from holding any office in, or participating in the affairs of, any federally regulated depository institution or holding company or subsidiary. (Currently, the regulatory agency can only prohibit persons from participating in the affairs of the institution in which he or she is presently located.) Allows an exception to such prohibition upon written approval of the appropriate regulatory agency. Provides for the judicial review of denial of such an exception. Authorizes the FDIC, the FHLBB, the FSLIC, and the NCUA to provide notice of the intention to prohibit any person from participating in the affairs of any federally regulated depository institution, notwithstanding the fact that such person has ceased to hold the position of officer or director or has ceased to participate in the conduct of the affairs of such a depository institution before such notice is served. Increases from $1,000 per day to $2,500 per day the civil penalty for the violation of a cease and desist order or an order for the suspension or removal of an officer or director issued by a Federal banking regulatory agency. Imposes a $2,500 civil penalty (in addition to penalties for violations of such orders) for a violation of: (1) any law or regulation; (2) any written condition imposed by the appropriate Federal banking agency in connection with the grant of any application or other request; or (3) any written agreement between the depository institution and the appropriate Federal banking agency. Imposes criminal penalties upon any person who participates in the affairs of any federally regulated depository institution or holding company or subsidiary after having been suspended, removed from office, or prohibited from participating in the affairs of any depository institution by an order of the appropriate Federal banking regulatory agency. (Current law imposes criminal penalties only for participating in the affairs of the institution from which the person was prohibited, removed, or suspended.) Revises procedures for the termination of FDIC deposit insurance to delete provisions requiring 120 days' advance notice by the FDIC to the appropriate Federal and State banking regulatory agencies prior to such a termination. Increases from $100 per day to $2,500 per day the penalty for unauthorized participation in the affairs of a depository institution by any person who has been convicted of any criminal offense involving dishonesty or a breach of trust. Subjects both the depository institution and the individual involved to such penalty. (Current law makes only the depository institution subject to such penalty.) Authorizes the FHLBB and the FSLIC to issue civil enforcement orders concerning a service corporation of an association or a subsidiary of such service corporation, whether wholly or partly owned. (Current law limits such authority to orders concerning an affiliate service corporation of an association.) Amends the Bank Protection Act of 1968 to repeal requirements that depository institutions submit periodic reports with regard to the installation, maintenance, and operation of security devices and procedures. Imposes civil penalties for the filing of false or misleading reports of condition by depository institutions and holding companies. (Current law allows penalties only for late reports.) Requires the FDIC, the FHLBB, the FSLIC, and the NCUA to publicly disclose all notices and orders with respect to any enforcement proceeding initiated against any depository institution or individual. Deletes the "willful" standard for penalties for violations of the Change in Bank Control Act and the Change in Savings and Loan Control Act. Title II: Report to Congress - Requires the Comptroller of the Currency, the Federal Reserve Board, the FDIC, the FHLBB, the FSLIC, and the NCUA to submit annual reports to the Congress concerning: (1) the number of formal and informal supervisory, administrative, and civil enforcement actions undertaken by the agency; (2) the number of individuals and institutions against whom civil money penalties were assessed; (3) a description of all other enforcement efforts and initiatives relating to unsafe and unsound practices; and (4) recommendations concerning the need for additional legislation or financial resources.
United States · United States Congress · 3 January 1989
Fairness in America Health Care Act of 1989 - Title I: One-Year Delay in Implementation of Medicare Catastrophic Coverage Act of 1988 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Title II: Bipartisan Commission to Review the Medicare Catastrophic Coverage Act - Establishes the Commission to Review the Medicare Catastrophic Coverage Act to study: (1) the effect implementation of such Act will have on Medicare beneficiaries who currently have supplementary coverage; (2) how such Act's benefits compare with the benefits provided by supplementary coverage; (3) the access Medicare beneficiaries who do not have supplementary or Medicaid (title XIX of the Social Security Act) coverage have to necessary health services; (4) the feasibility and likely cost of implementing such Act's drug benefits; and (5) the benefits and financing mechanisms which Medicare beneficiaries prefer. Directs the Commission to report its findings and recommendations to the Congress within six months of this Act's enactment or by September 1, 1989, whichever is earlier.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 3 January 1989
Repeals estate tax provisions of the Internal Revenue Code with respect to inclusion in the gross estate of the value of certain types of transfers with a retained life estate. Applies the repeal retroactively in connection with property transferred after December 17, 1987.
United States · United States Congress · 3 January 1989
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
United States · United States Congress · 3 January 1989
Amends rule XXI of the Rules of the House of Representatives to prohibit consideration of bills or resolutions making appropriations under the jurisdiction of more than one subcommittee of the Appropriations Committee for periods after November 30 of a fiscal year, unless three-fifths of the House votes to waive or suspend this provision.
United States · United States Congress · 6 October 1988
Truth in Legislating Resolution - Amends rule X of the Rules of the House of Representatives to require each report or joint explanatory statement accompanying each bill or joint resolution to contain: (1) an identification of each provision which benefits only ten or fewer beneficiaries; (2) the name of each beneficiary; (3) the name of the Member who sponsored such provision and an identification of each such provision requested by a Federal agency or Federal officer; and (4) an estimate by the Congressional Budget Office or the Joint Committee on Taxation of the costs or loss in revenues resulting from such provision.
United States · United States Congress · 4 October 1988
Expresses the sense of the Congress that: (1) the Amateur Basketball Association United States of America and the U.S. Olympic Committee should promote the adoption of rules that would make all basketball players eligible to compete in the Olympic games; and (2) the U.S. Olympic Committee should promote the elimination of the distinction between amateur and professional athletes in all sports for purposes of eligibility to compete in the Olympic games.
United States · United States Congress · 10 August 1988
Thrift Charter Enhancement Act of 1988 - Amends the National Housing Act to increase the limit on the aggregate amount of transaction or service agreements allowed between affiliated federally insured thrift institutions without the prior approval of the Federal Savings and Loan Insurance Corporation (FSLIC) in cases of GAAP-qualified insured institutions. Increases such limit from the lesser of to the greater of $100,000 or 0.1 percent of the thrift institution's total assets, not to exceed a maximum of $2,000,000 for transactions and $1,000,000 for service agreements. Defines a "GAPP-qualified insured institution" as an institution: (1) whose capital equals or exceeds the greater of four percent of total assets or the minimum capital level prescribed by the FSLIC; and (2) that is not affiliated with an insured institution whose capital is less than three percent of total assets. Exempts an institution from the three percent capital requirements if it: (1) is affiliated due to the acquisition of failed or failing institutions; (2) is solvent under specified accounting standards; (3) has submitted a plan to the FSLIC for increasing capital to equal or exceed three percent within four years and the FSLIC has determined such plan to be feasible; and (4) is in compliance with such plan. Specifies that provisions of the Federal Reserve Act prohibiting loans and extensions of credit by member banks to executive officers and directors of banks and to political or campaign committees shall apply to insured thrift institutions in the same manner and to the same extent as if such insured institution were a State member bank. Allows a savings and loan holding company to acquire up to five percent of the voting shares of an unaffiliated thrift institution. (Present law prohibits the acquisition of any voting shares of an unaffiliated institution unless the holding company has, or is acquiring, control of such thrift institution.) Specifies that such five percent limit shall not prohibit a securities dealer that is a subsidiary of a savings and loan holding company from underwriting voting shares of an unaffiliated institution or holding company. Repeals requirements for prior FSLIC approval for interlocking directors of savings and loan holding companies. Allows a savings and loan holding company to assume or incur debt without the prior approval of the FSLIC if each of the holding company's subsidiaries is a GAAP-qualified insured institution.
United States · United States Congress · 14 July 1988
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians to receiving credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 14 July 1988
Fastener Quality Assurance Act of 1988 - Defines "fastener" as a screw, nut, bolt, or stud having internal or external threads, or a washer commonly used to perform a load indicating or bearing stress distribution function, with a diameter of one-quarter inch or more and containing any steel. Prohibits the offering for sale or sale in interstate commerce of any fastener unless it bears a specified insignia and is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer or ordered by the purchaser; and (2) has been inspected, tested, and certified according to this Act. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Sets forth requirements governing sample size. Authorizes the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Sets forth requirements for such certificates, the form of which is to be prescribed by the Secretary of Commerce (the Secretary) within 180 days after enactment of this Act. Directs the Secretary, also within such 180-day period, to issue regulations to establish a program for approval of any system for the accreditation of laboratories engaged in such inspection and testing of fasteners, if such system demonstrates that it has adopted or otherwise adheres to the requirements of the American Society for Testing and Materials (ASTM) Standard. Directs the Secretary, if the responsible technical committee withdraws the ASTM Standard, to: (1) approve an alternative standard issued by the ASTM or another voluntary consensus standards organization; or (2) issue a standard which incorporates the ASTM Standard together with any necessary modifications. Directs the Secretary to approve or reapprove any system which demonstrates that it has adopted or otherwise adheres to such a new standard. Prohibits any manufacturer from selling any lot or portion of a lot of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by an original certificate from an accredited laboratory. Prohibits any person from selling any lot or portion of a lot of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by such a certificate. Allows such delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for the inspection and testing (for which purposes they shall be considered a manufacturer, except they must provide the laboratory with the manufacturer's written disclosure). Prohibits further sale or offer of sale unless delivery to the first subsequent purchaser is accompanied by an original certificate from an accredited laboratory. Requires that a copy of the original certificate be provided to subsequent purchasers who purchase at wholesale a lot or a portion from: (1) the purchaser of domestically manufactured fasteners; (2) the importer or end user who purchased foreign manufactured fasteners; (3) a private label distributor; or (4) any subsequent seller. Requires persons who make material physical alterations to a fastener subsequent to its manufacture to have such altered fastener inspected and tested before offering for sale or selling it. Requires manufacturers or private label distributors of fasteners offered for sale or sold in interstate commerce to: (1) be identified by a raised or depressed insignia on the surface or the fastener; and (2) comply with requirements of a program for recordation of such insignias. Directs the Secretary to establish such program, including regulations to ensure traceability, within 180 days after enactment of this Act. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Sets forth recordkeeping requirements for laboratories, manufacturers, importers private label distributors, and wholesalers. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except in so far as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of the National Bureau of Standards or any voluntary consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act. Applies this Act only to fasteners fabricated more than 240 days after its enactment.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 12 July 1988
President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.
United States · United States Congress · 7 July 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.
United States · United States Congress · 7 July 1988
Makes the legal defense of discretionary function provided under specified Federal law and the legal doctrine of foreseeability of damages inapplicable to any legal or administrative proceeding for damages arising out of U.S. violation of occupational safety or health standards or U.S. negligence at any workplace owned or operated by or under contract with the United States. Prohibits the foreseeability doctrine from being used to limit the amount or kind of damages otherwise available to the plaintiff. Establishes a National Registry of Government Litigants, within the U.S. Claims Court, to collect and maintain data regarding claims against the United States predicated (in whole or in part) upon U.S. violation of safety and health standards. Allows any person seeking damages from the United States on the basis (in whole or part) of harm resulting from U.S. violation of safety and health standards to file a notice of such fact with the U.S. Claims Court, within 30 days after commencement of such action (whether administrative or judicial in character). Directs the chief judge of the U.S. Claims Court to report annually to the Congress on the number of, and relevant facts and common characteristics underlying, such notices filed within the Registry.
United States · United States Congress · 23 June 1988
Palau Compact of Free Association Implementation Act - Authorizes the entry into force of the Compact of Free Association between the United States and Palau (the Compact), subject to specified determinations of approval by the Appellate Division of the Supreme Court of Palau or by referendum. Directs the President to negotiate: (1) an agreement with the Government of Palau to establish an office of public auditor; (2) an agreement regarding responses to an audit by the Comptroller General of the United States or the Secretary of the Interior; (3) agreements for the establishment of an independent office of special prosecutor and for the provision of law enforcement assistance and U.S.-Palau law enforcement cooperation; (5) an agreement providing for the submission by the Palau Government of a national development plan; and (6) agreements for the provision of medical, capital improvement, and further referendum cost assistance. Directs the Secretary to: (1) provide assistance for the development and promulgation of regulations regarding expenditures; and (2) negotiate an agreement guaranteeing purchase by the Federal Financing Bank of Palau Government obligations issued to refinance indebtedness related to the Palau electric power generating and distribution system. Provides funds for construction of medical facilities in Palau and debt assistance to Palau, the Federated States of Micronesia, and the Marshall Islands for use of medical facilities prior to implementation of the territories' compacts. Directs the Comptroller General to conduct annual audits of assistance provided to the Federated States of Micronesia and the Marshall Islands. Extends Pell Grant, Supplemental Educational Opportunity Grant, and College Work-Study assistance to students who are or will be citizens of the Federated States of Micronesia, Palau, or the Marshall Islands. Authorizes the Presidents of the United States and Palau to make agreements regarding compensation for and the transfer of land for defense uses. Directs the United States to provide funds for capital improvements. Directs the Secretary to: (1) establish field offices in Palau, the Federated States of Micronesia, and the Marshall Islands; and (2) provide sums as may be necessary for a further referendum or other costs of Compact implementation. Authorizes appropriations. Provides for continuing availability of unobligated balances of funds provided to Palau. Directs the Secretary to assist the President of Palau in implementing the requirements of the fiscal procedures and law enforcement assistance agreements and to report annually to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Provides a 180-day transitional rule for granting of U.S. nonimmigrant status. Amends the Act approving the Compact to provide that the authorizations for transition purposes shall decline over the first through third fiscal years after the Compact's effective date (under current law, FY 1987 through 1989).
United States · United States Congress · 21 June 1988
Management Interlocks Revision Act of 1988 - Amends the Depository Institution Management Interlocks Act to revise the definition of "affiliated" corporation to mean a corporation which is owned by persons who own more than 25 percent of another corporation. (Present law defines such term as 50 percent ownership.) Revises the definition of "management official" to exclude an advisory or honorary director of a depository institution with total assets of less than $100,000,000. Provides an exception to the prohibitions against dual service of management officials of depository institutions within a primary metropolitan statistical area and against dual service of management officials of a $1,000,000,000 institution or holding company with an unaffiliated $500,000,000 institution or holding company in cases of: (1) failed or failing institutions which are acquired by another depository institution or depository holding company during a specified five-year period; and (2) any diversified savings and loan holding company if the appropriate Federal depository institutions regulatory agencies do not disapprove. Defines the "appropriate depository institutions regulatory agency" for purposes of issuing rules and regulations under such Act to include the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, and the National Credit Union Administration. Extends for five years the exception from coverage by the Depository Institution Management Interlocks Act of officials in service in a position prior to November 10, 1978. (Such exemption is scheduled to expire under current law on November 10, 1988.)
United States · United States Congress · 16 June 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.
United States · United States Congress · 14 June 1988
Amends Federal law relating to Interstate highway construction funds to provide that any State which voluntarily reduces the period of availability of apportioned funds for any fiscal year shall be ineligible to receive funds for the succeeding fiscal year.
United States · United States Congress · 1 June 1988
Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for such proceedings and the effect of such debarment. Requires grantees or contractors, within 90 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) terminate or suspend such employee's employment in accordance with applicable law and collective bargaining agreements; or (2) give such employee the opportunity to participate in an approved drug rehabilitation program. Provides for exceptions to the requirements of this Act in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this Act.
United States · United States Congress · 1 June 1988
National Gleaning Clearinghouse Act of 1988 - Establishes in the Extension Service of the Department of Agriculture a National Gleaning Clearinghouse to promote the collection and distribution of gleaned agricultural products and crops to assist persons in need.
United States · United States Congress · 26 May 1988
Homeownership Assistance Act of 1988 - Amends the National Housing Act to create a special mortgage insurance program for first-time homebuyers. Authorizes insurance for up to 97 percent of the home's value. Authorizes the Federal Housing Administration (FHA) to insure a mortgage loan of up to 97 percent of appraised value for the first $50,000 (currently $25,000) of a home's value. Repeals the current dollar cap on FHA insured mortgages in high cost areas. Authorizes FHA to insure adjustable rate mortgages with annual interest rate increases of up to two percent (currently one percent). Repeals the aggregate annual limit on such insured loans. Defines "first-time homebuyer" as an individual who or whose spouse has not owned a principal residence during the 18 months prior to an FHA insured home purchase. Authorizes an FHA demonstration program to insure mortgages for first-time homebuyer downpayments where the purchase is primarily financed or assisted by tax-exempt or other government assistance. Limits the downpayment loan to $7,500. Requires participants to receive financial counseling. Sets a maximum ten year loan maturity period. Amends the Federal National Mortgage Association Charter Act to authorize the Government National Mortgage Association to create a secondary market for first-time homebuyer downpayment loans. Authorizes an FHA demonstration program to insure 100 percent of a home's value for a first-time homebuyer provided that the donwnpayment will be paid within three years by an additional monthly payment. Requires participants to receive financial counseling. Amends the Deficit Reduction Act of 1984 to empower the Internal Revenue Service to confiscate defaulting taxpayers' tax refunds. Requires the Secretary to submit program reports to the Congress within one year of enactment of this Act.
United States · United States Congress · 5 May 1988
Expresses the sense of the Congress that Federal departments and agencies should use the most recent population data in determining the amount of benefit received by State, county, or local government.
United States · United States Congress · 4 May 1988
Designates specified land as the Manassas National Battlefield Addition. Directs the Secretary of the Interior to acquire land within the boundaries of the Addition and to administer such lands as part of the Manassas National Battlefield Park, Virginia. Authorizes appropriations.
United States · United States Congress · 4 May 1988
Amends the Internal Revenue Code to require third-party information reporting of any interest and royalties paid to corporations. Establishes exceptions from required information return filing in connection with certain dividends that have de minimis tax consequences, as determined in accordance with prescribed criteria.
United States · United States Congress · 3 May 1988
Amends the Internal Revenue Code to provide that certain short-term loans made in the ordinary course of business of a taxpayer bank or other financial institution that meets the $5,000,000 gross receipts test and does not use an accrual method of accounting shall not be subject to requirements governing: (1) the current inclusion in gross income of the discount on such obligations; and (2) the deferral of the deduction for net direct interest expenses allocable to the accrued discount on such obligations. Applies these amendments to loans acquired after July 18, 1984.
United States · United States Congress · 26 April 1988
Recycling Information Clearinghouse Act of 1988 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency to establish a clearinghouse for information about the recycling of municipal solid waste, to be administered by the Office of Solid Waste. Requires that the information collected and disseminated to the public by such clearinghouse include: (1) an annual estimate of the volume and rate of recycling of materials from the municipal solid waste stream; (2) an annual estimate of the balance of trade in recycled materials and products; (3) economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream; (4) a catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream; (5) a list of all purchases of recycled materials or products by the Federal Government, organized by agency and the type of recycled materials or products purchased; (6) a register announcing all solicitations by Federal agencies for the purchase of recycled materials or products; and (7) information about state-of-the-art recycling methods, programs, or technologies. Requires that a toll-free telephone hotline be established and made available to those seeking information from the clearinghouse. Provides that, to the extent feasible, such information should be computerized to facilitate its analysis and retrieval. Authorizes appropriations for such clearinghouse.
United States · United States Congress · 19 April 1988
Small Business Rural Economic Development Act of 1988 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to: (1) increase the emphasis on rural economic needs and the promotion of the development company program in rural areas; and (2) develop a plan to increase procurement and export trade seminars there. Amends provisions relating to loans to State or local development companies for plant acquisition or expansion to: (1) permit up to 15 percent of any loan to be used for working capital if the small business being assisted is located in a rural area with an unemployment rate above the national average; and (2) permit the leasing of up to 33 percent of a new facility if growth projections indicate that the assisted business will both need and use the additional space provided by the new construction. Directs the SBA to establish a pilot program to approve appropriate certified development companies located predominantly in rural areas as participating lenders in the basic small business loan program administered under the Small Business Act. Requires both interim and final SBA reports to specified congressional committees with respect to the pilot program. Revises provisions relating to SBA guarantees of development company debentures. Amends the Small Business Act to reduce the administrative and lending fees permitted in connection with loans in rural areas.
United States · United States Congress · 19 April 1988
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 21, 1988, as National Military Families Recognition Day.
![Official portrait of Rep. Barnard, Doug, Jr. [D-GA-10]](https://www.congress.gov/img/member/0cfaa9df4c43300bfb59befe46ba7cd8_200.jpg)