United States · United States Congress · 5 April 1989
Urges the Government of Iran to uphold the human rights of all its nationals, including members of the Baha'i faith, and to extend the rights guaranteed by the Universal Declaration of Human Rights. Calls upon the President to continue to: (1) emphasize human rights improvements as an important factor in the development of relations between the U.S. and Iranian Governments; (2) cooperate with other governments to initiate and support actions by the United Nations and its agencies to promote the protection of the religious rights of the Baha'is; and (3) 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 · 4 April 1989
Torture Victim Protection Act of 1989 - Imposes civil liability on anyone who, under color of law of any foreign nation, subjects any individual to torture or extrajudicial killing. Grants jurisdiction over such cases to U.S. district courts only after claimants have exhausted all available remedies in the place where the conduct giving rise to the claim occurred.
United States · United States Congress · 23 March 1989
Used Oil Recycling Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency from listing or identifying as a hazardous waste any: (1) recycled oil; (2) used oil transferred to a person who certifies that such oil will be rerefined, processed, or reclaimed for a beneficial purpose or stored less than 12 months prior to such transfer; and (3) used oil which has been removed from the engine of a light duty motor vehicle or household appliance by the owner, transferred to a service station dealer, and stored by the dealer for less than 12 months. Requires the Administrator to determine whether to list as a hazardous waste used oil which is a solid waste and does not satisfy the above-listed criteria. Directs the Administrator to establish management standards for the storage, testing, transportation, treatment, exportation and importation, and processing of used oil. Requires such standards to be designed to protect human health and the environment by encouraging and expanding reliance on recycling of used oil. Exempts generators of used oil from recordkeeping or reporting requirements if such generators: (1) enter into an agreement for delivery of such oil to a recycling facility whose owner or operator certifies compliance with such standards or recycles such oil; (2) do not mix the oil with any hazardous wastes; and (3) maintain necessary records relating to the oil. Prohibits mixing used oil with any hazardous waste identified under such Act except where: (1) such mixing involves an identified hazardous waste and the resulting mixture does not exhibit a characteristic identified in such Act; and (2) the used oil mixture is burned to recover useful energy such that protection of human health and the environment is assured. Deems owners or operators of facilities which process used oil for fuel to have permits for recycling activities if in compliance with management standards. Directs the Administrator to conduct inspections of such facilities to determine compliance with such standards. Requires the Administrator to implement educational programs to inform the public about the environmental and safety hazards associated with improper handling of used oil and the benefits of used oil recycling. Authorizes appropriations. Directs the Administrator to promulgate regulations concerning the procurement of used oil fuel by Federal agencies subject to the requirements of the Solid Waste Disposal Act.
United States · United States Congress · 23 March 1989
Amends title VII (Administration) of the Social Security Act to place the Office of Rural Health Policy under the direction of a Deputy Under Secretary for Rural Health responsible for reporting directly to the Secretary and Deputy Under Secretary of Health and Human Services. Makes such Office independent of other offices, services, and components of the Department of Health and Human Services. Elaborates upon the duties of the Office of Rural Health Policy.
United States · United States Congress · 23 March 1989
Amends title XVIII (Medicare) of the Social Security Act to require rural health clinics to have a nurse practitioner, physician assistant, or certified nurse-midwife available to furnish patient care services at least 50 percent of the time the clinic operates. Covers social worker services furnished to outpatients of rural health clinics. Expands the area within which rural health clinics may be located. Directs the Secretary of Health and Human Services to provide health care facilities and the chief executive officer, chief health officer, and chief human services officer of each State with applications and information enabling such facilities to apply for rural health clinic designation under the Medicare or Medicaid (title XIX of the Act) program.
United States · United States Congress · 23 March 1989
Child Care Services Improvement Act of 1989 - Title I: Choices for Working Families Credit - Amends the Internal Revenue Code to increase the amount of the earned income tax credit and to adjust it according to the number of children in a family. Title II: Child Care Block Grant - Subtitle A: Child Care Block Grant - Amends title XX of the Social Security Act to authorize appropriations for FY 1990 through 1992 for allotments to States for grants to eligible entities for child care related projects. Directs the Secretary of Health and Human Services (the Secretary for purposes of this title) to make allotments to States through a formula based on the number of children under 13 years of age living in a household whose income is not greater than 200 percent of the poverty level, adjusted for family size. Sets the Federal share at 80 percent of the project grants. Makes eligible for such grants: (1) local government units, including school districts; (2) nonprofit organizations; (3) professional or employee associations; (4) one or more small businesses; (5) higher education institutions; (6) hospitals or health care facilities; (7) family care providers; or (8) entities the State considers able and appropriate to carry out such a project. Allows a State to make such grants to eligible entities for: (1) child care certificate programs or scholarships enabling low-income families to obtain adequate child care; (2) community or neighborhood child care centers and homes, including renovation of public buildings for such purposes; (3) after school child care programs; (4) grants or loans for start-up costs of employer-sponsored child care programs; (5) training programs for child care providers; (6) temporary care of sick children unable to attend their regular child care programs; (7) expansion of existing part-day child care programs into full-day child care programs; (8) child care programs for homeless children; and (9) child care programs with programs to assist the elderly. Requires States to meet specified certification requirements, including establishment of standards of accreditation or licensing for family-based and group child care providers and methods of inspection and certification based on such standards. Requires annual State reports. Directs the Secretary to summarize State reports annually for the Congress. Requires grant recipients to cover between ten percent and 50 percent of the project cost with non-Federal funds. Directs each State Governor to establish an advisory council on child care. Directs the Secretary to conduct and support: (1) research on the effectiveness of early childhood education and quality child care on child growth and development; and (2) demonstration programs to test the effectiveness of innovative child care arrangements and programs (including at least ten grants to entities in accordance with subtitle B of this title). Subtitle B: Quality Child Care Demonstration Projects - Authorizes the Secretary to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models. Directs the Secretary to report to the Congress by April 1, 1992, on the operation of the child development models that received grants, with a summary of their evaluation reports. Subtitle C: Revolving Loan Fund - Provides assistance for State-established revolving loan funds to enable family-based child care providers to meet accreditation or licensing standards. Requires each applicant State to provide in its plan for such assistance to have established a revolving loan fund along with specified procedures and guidelines. Authorizes appropriations for FY 1990, to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary to make allotments to States through a formula based on the number of children under 13 years of age. Title III: Building Blocks for Employer/Employee Child Care Partnerships - Amends the Internal Revenue Code to provide that a plan shall not be treated as a cafeteria plan unless it provides an option to choose benefits under a dependent care assistance program. Establishes a tax credit for employers who provide qualified child care facilities. Provides that certain earnings from the provision of qualified family-based or in-home child care services are entitled to: (1) special rules for and a lower rate of self-employment tax; and (2) exemptions from wage withholding and estimated tax requirements (under the Internal Revenue Code and the Social Security Act). Title IV: Child Care Liability - Subtitle A: Child Care Liability Reform - Applies the provisions of this subtitle, with specified exceptions, to any civil action, in any State or Federal court, against any child care provider who is in compliance with the licensing or accreditation requirements of the State in which the provider is located. Makes this part inapplicable to civil actions for intentional torts. Provides that this part shall preempt and supersede Federal or State law only to the extent such law is inconsistent with this part. Sets forth certain defenses, rules, and rights which are not affected by this part. Makes joint and several liability inapplicable to any action subject to this subtitle. Makes an exception for concerted actions. Provides for reduction of awards for damages in cases of collateral sources of compensation. Sets forth standards and procedures for the award of punitive or exemplary damages in civil actions to which this subtitle applies. Provides that nonprofit corporations or local educational agencies are not liable for damages in any civil action to which this subtitle applies which is brought against a separate child care-providing corporation or business organization of which they are the parent or majority owners. Encourages States to establish expedited and simplified procedures under which nonprofit organizations and local educational agencies may inexpensively and quickly incorporate or otherwise organize such entities as separate child care providers. Subtitle B: Child Care Liability Risk Retention Group - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards and which otherwise satisfies specified criteria for risk retention groups). Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or maintain a liability risk retention group for child care providers; and (5) specify how any such liability risk retention group will continue to be financed after FY 1992, including financing through contributions by the State or by members of such pool. Directs the Secretary of Health and Human Services to review and approve State plans and to monitor State compliance with requirements of this subtitle. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1990 to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary of Commerce to allot funds to States on the basis of the number of children under 13 years of age. Title V: President's Award for Responsive Management Policy - Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented in their businesses family-oriented personnel programs and policies responsive to child care needs of working parents; or (2) made significant contributions to child care projects in their communities. Directs the President, through the Secretary of Labor, to solicit nominations.
United States · United States Congress · 23 March 1989
Comprehensive National Nutrition Monitoring System Act - Amends the Food and Agriculture Act of 1977 to replace provisions relating to nutritional status monitoring with provisions directing the Secretary of Agriculture and the Secretary of Health and Human Services (the Secretaries) to jointly establish: (1) a National Nutrition Monitoring System (Monitoring System) to carry on assessment and surveillance regarding nutrition-related health problems; and (2) an Interagency Committee on Nutrition Monitoring to assist the Secretaries in the coordination of nutrition monitoring efforts within the Federal Government. Directs the Secretaries to jointly prepare and implement a Ten-Year National Nutrition Monitoring Plan (Plan) to commence with FY 1991. Requires the General Accounting Office to conduct an evaluation of the Monitoring System and the implementation of the Plan. Directs the Secretaries to contract with experts in nutrition data analysis for the analysis of the data collected from the Monitoring System and the Plan. Directs the Secretary of Agriculture to submit to the Congress a catalog of all nutrition education programs conducted by all Federal departments and agencies. Directs the Secretary of Health and Human Services to submit to the Congress a report on the appropriate Federal role in ensuring that medical students and practicing physicians have access to adequate nutrition training. Directs the Secretaries, at least every five years, to jointly publish a report containing nutritional and dietary information and guidelines for the general public. Requires the report to be promoted by each Federal agency in carrying out any Federal food or nutrition program. Requires any Federal agency that proposes to issue any dietary guidance to submit the text to the Secretaries for their joint approval. Requires the approval of both Secretaries for either of the Secretaries to issue any dietary guidance. Repeals provisions of the Food Security Act of 1985 relating to nutrition monitoring.
United States · United States Congress · 23 March 1989
Directs the Secretary of Health and Human Services to conduct a study into the adequacy and appropriateness of Medicare (title XVIII of the Social Security Act) payments for ambulance services and report the results of such study to the Congress within one year of this Act's enactment.
United States · United States Congress · 23 March 1989
Family Educational Opportunity Act of 1989 - Amends the Higher Education Act of 1965 to remove from the computation of expected family contribution in the determination of need for assistance under the title IV (Student Assistance) Pell Grant program and other title IV student assistance programs the following assets: (1) the family's principal place of residence; (2) a family farm on which the family resides; or (3) a small business substantially owned and managed by a member or members of the family.
United States · United States Congress · 23 March 1989
Rural Emergency Medical Services Improvement Act of 1989 - Amends the Public Health Service Act to create a new title on emergency medical services for rural areas. Directs the Secretary of Health and Human Services to make an allotment for each State each fiscal year for improving the availability and quality, in rural areas, of emergency medical services and emergency medical services systems provided to victims of emergencies prior to the arrival of the victims at medical facilities. Requires, after FY 1990, non-Federal matching contributions in a specified ratio. Allows a State to expend payments received for: (1) recruitment, training, and retention of personnel; (2) purchase, upgrading, and maintenance of equipment; (3) planning, coordination, and support of local emergency medical services and systems; and (4) public education. Requires that the State plan for emergency services provide for adequate services in rural areas. Sets forth a formula for determination of the amount of allotments. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary to make grants for research into and demonstration projects concerning ways to improve the availability and quality of prehospital emergency medical services in rural areas by using communications technologies, making continuing education more accessible, improving curricula, undertaking outcome studies, and developing innovative financing mechanisms. Authorizes the Secretary to make grants for pilot projects to develop community-based centers to coordinate and deliver comprehensive occupational health and safety services to rural communities. Authorizes appropriations for FY 1990 through 1992 for improving rural prehospital emergency services and for centers for rural occupational health and safety services.
United States · United States Congress · 23 March 1989
Maternal Child Health Improvement Act of 1989 - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Sets aside certain appropriated amounts for State initiatives promoting the enrollment of at-risk pregnant women and children in programs providing health services.
United States · United States Congress · 23 March 1989
Rural Hospital Recovery Act of 1989 - Directs the Secretary of Health and Human Services to draft and submit to the Congress and the Prospective Payment Assessment Commission, within one year of this Act's enactment, legislation eliminating the differences in average standardized Medicare payments (under title XVIII of the Social Security Act) to large urban, other urban, and rural hospitals while recognizing certain cost differences among hospitals and within diagnosis related groups. Amends the Medicare program to require the Secretary to pay additional amounts to Medicare-dependent, small, rural hospitals before October 1, 1994, and to critical access facilities thereafter to ensure that their reasonable operating costs for inpatient hospital services are covered. Establishes an application process for rural hospitals which choose to be treated as urban hospitals by reason of their proximity to urban areas. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Treats hospitals which are located 30 miles or more from other like hospitals, or hospitals which provide inpatient hospital services to at least 60 percent of the residents or part A (Hospital Insurance) Medicare beneficiaries within a 30-mile radius of the hospital as sole community hospitals. Requires the Secretary to report to the Congress by October 1, 1990, on the process by which sole community hospitals may appeal the Secretary's decision not to make a volume adjustment to its Medicare payment. Establishes the Medicare Geographical Classification/Critical Access Facility Review Board which shall: (1) designate certain hospitals as critical access facilities; (2) hear appeals from rural hospitals which the Secretary determines do not qualify for treatment as being located in an adjacent urban area; and (3) conduct hearings with respect to the Secretary's refusal to consider a hospital to be a sole community hospital. Defines a "critical access facility" as a small, rural hospital which due to its location, prolonged severe weather conditions, or the availability of other hospitals to serve part A Medicare beneficiaries residing in the area must receive additional payments in order to continue to deliver critical health care services. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the Medicare payment rates applicable to such hospitals until the implementation of unified average standardized Medicare payments for large urban, other urban, and rural hospitals. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program by: (1) extending from two to three years the limit on the provision of grants to small, rural hospitals for modification of their services; (2) permitting the Secretary to waive the hospital grant limit; and (3) increasing and extending the authorization of appropriations for such program through FY 1992. Requires the Secretary to submit a report to the Congress by April 1, 1990, identifying laws, rules, and regulations which prevent rural hospitals from providing innovative patient services. Directs the Secretary to conduct a five-year demonstration program in five rural hospitals treating the costs of nursing services obtained pursuant to an existing agreement with a nursing school as the costs of approved educational activities for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to expand, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to small rural hospitals for training. Extends the permissible duration of such training from three months to two years. Favors projects which provide small rural hospitals with resident physicians for longer periods of time and give physicians from the small rural hospital the opportunity to work or study at the sponsoring hospital. Makes consortiums of small rural hospitals eligible to accept the services of such a resident physician.
United States · United States Congress · 23 March 1989
Neighborhood Housing Services Act of 1989 - Amends the Neighborhood Reinvestment Corporation Act to authorize FY 1990 through 1994 appropriations for the Neighborhood Reinvestment Corporation. States that appropriations in excess of amounts necessary for existing Corporation services shall be available to: (1) expand the national neighborhood housing services network; (2) expand the Neighborhood Housing Services of America's loan purchase capacity; (3) make grants for incentives to extend low-income housing use; (4) increase purchases of Department of Housing and Urban Development multi-family properties; and (5) provide assistance to mutual housing associations to ensure housing affordability for low and moderate income families.
United States · United States Congress · 23 March 1989
Amends the Internal Revenue Code to allow an income tax deduction for education loan interest accrued by a physician, nurse, or allied health professional while serving in a medically underserved area.
United States · United States Congress · 23 March 1989
Declares it to be the policy of the United States that Federal records, books, and publications of enduring value be produced on acid-free permanent papers. Makes recommendations relating to such papers to Federal agencies and to American publishers. Recommends that the Secretary of State make known such national policy to foreign governments and appropriate international agencies. Directs the Librarian of Congress, the Archivist of the United States, the Director of the National Library of Medicine, and the Administrator of the National Agricultural Library to monitor progress in implementing such policy.
United States · United States Congress · 23 March 1989
Expresses the sense of the Congress that the disparity between rural and urban physician fees under title XVIII (Medicare) of the Social Security Act must be reconciled.
United States · United States Congress · 21 March 1989
Title I: Statehood Centennial Coin - Statehood Centennial Commemorative Coin Act of 1989 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of one-dollar silver coins and five-dollar palladium coins in commemoration of the 100th anniversary of the statehood of Idaho, Montana, North Dakota, South Dakota, Washington, and Wyoming. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires the Secretary to provide a specified amount of all surcharges to the Documents West exhibition program with the remaining amount of surcharges to be deposited in the Treasury to be used to reduce the national debt. Requires the Secretary to obtain silver for the one-dollar coins only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. Requires the Secretary to obtain palladium for the five-dollar coins by purchase of palladium mined and refined in the United States. Grants the Comptroller General the right to examine records and other data of the Idaho Centennial Commission. Title II: Silver Proof Sets - Silver Coin Proof Set Act - Authorizes the Secretary to mint and issue silver coin proof sets. Sets forth certain specified features of such coins and provides for their sale to the public. Requires the Secretary to obtain silver for such coins by purchase from stockpiles established under the Strategic and Critical Materials Stock Piling Act and from Treasury stocks on hand.
United States · United States Congress · 21 March 1989
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to exclude parental income and resources from the determination of a disabled child's SSI eligibility if such child requires the level of care provided in a hospital, skilled nursing facility, or intermediate care facility, but care outside such a facility is appropriate and, when considered with the SSI benefits to which such child is entitled, less costly than care within such a facility. Specifies the SSI benefit rate to which such children are entitled.
United States · United States Congress · 21 March 1989
Anti-Terrorism Sanctions Act of 1989 - Requires the President to revoke the most-favored-nation trade status of certain foreign countries that repeatedly support international terrorism. Prohibits duty-free treatment for the products of such countries under the Trade Act of 1974 or the Caribbean Basin Economic Recovery Act. Prohibits the Secretary of Commerce from consulting with the governments of such countries regarding international travel and tourism. Allows the President to waive any sanction under this Act with respect to any foreign country if such waiver would be in the best interests of the United States. Requires the President to give 30 days' notice to the Congress concerning any waiver.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 14 March 1989
Mandatory Fish Inspection Act of 1989 - Directs the Secretary of Agriculture, within one year of enactment of this Act, to initiate a mandatory comprehensive and statistically representative inspection program of the commercial processing of fish, shellfish, and their products used for human consumption.
United States · United States Congress · 14 March 1989
Television Violence Act of 1989 - Exempts from the antitrust laws any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of, and limited to, developing and disseminating voluntary guidelines designed to alleviate the negative impact of violence in telecast material, provided the joint action does not result in a boycott of any person. Terminates such exemption three years after enactment of this Act.
United States · United States Congress · 14 March 1989
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 for receipt of 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 · 9 March 1989
Radon Gas Tax Relief Act of 1989 - Amends the Internal Revenue Code to permit a 40 percent nonrefundable income tax credit of up to $4,000 for expenditures made for radon testing in or below the taxpayer's principal residence and for the installation of property designed to reduce radon levels inside the residence. Permits an income tax deduction (both individual and corporate) for radon prevention expenditures in connection with real property development, building construction or enlargement, and certain relocation dwellings. Makes the tax credit and the tax deduction mutually exclusive with respect to the same expenditures. Amends Federal law to make funds available for the reimbursement of Federal employees for radon protection expenditures necessary to overcome a substantial obstacle to the salability of a principal residence being sold in conjunction with a transfer to a new location.
United States · United States Congress · 9 March 1989
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1989, as Baltic Freedom Day. Authorizes and requests the President to call upon the Soviet Union, the Federal Republic of Germany, and the Democratic Republic of Germany to renounce the acquisition or absorption of the Baltic Republics by the Soviet Union as a result of the Molotov-Ribbentrop Pact.
United States · United States Congress · 8 March 1989
General Aviation Standards Act of 1989 - Amends the Federal Aviation Act of 1958 (with respect to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a manufacturer, owner, or operator of a general aviation aircraft, or a person who supports or maintains such aircraft or any other person or governmental entity. Establishes guidelines for uniform standards of liability of general aviation manufacturers for such accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of such an accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Requires the Secretary of Transportation to report to the Congress, within one year after the date of enactment of this Act, the results of a study determining whether persons awarded damages for general aviation accidents under this Act are unable to collect such damages, and the amount of any uncollectible damages.
United States · United States Congress · 8 March 1989
Title I: Federal Victim's Services and Protections Compliance Act - Federal Victim's Services and Protections Compliance Act - Directs the Attorney General to: (1) establish an evaluation system for law enforcement officers which rates such officers on their compliance with specified laws protecting victims of crimes; and (2) use such evaluation system to create standards governing services to victims and witnesses in Federal cases and to serve as a model to States and localities. Requires the Office for Victims of Crime to report periodically to the public, the Congress, and the President on victim protections and on compliance with this Act. Title II: The Federal Child Victim's Bill of Rights - Amends the Federal Rules of Criminal Procedure to authorize a court to order that testimony of a child be taken in a room other than the courtroom and be televised by closed circuit equipment to be viewed by the court. Limits the parties who may be present during the child's testimony. Authorizes the court to: (1) require a party to be sequestered in an adjacent room or behind a screen or mirror that permits the party to see and hear the child during the child's testimony but does not allow the child to see or hear the party (requires the court, in such cases, to ensure that the party and counsel can confer during testimony and to provide an opportunity for cross examination); (2) order that the testimony of a child be taken by recorded deposition for use at trial; (3) admit into evidence the recorded statements of a child describing sexual conduct performed with or on the child, if specified conditions are met; and (4) permit the use of anatomical dolls, puppets, or toys which the court determines may aid the testimony of a child in describing such sexual conduct. Establishes procedures for: (1) determining the competency of a child to be a witness; and (2) protecting the identity of the child victim and the confidentiality of specified information. Prohibits the release of such information except as authorized by the court or to the accused or accused's counsel. Specifies that there is no statute of limitation within which a prosecution must be commenced for any sex offense involving a victim under 18 years of age. Directs or authorizes the court to appoint a guardian ad litem to protect the interests of the minor under specified circumstances. Grants a child under 18 years of age, while testifying at or attending a judicial proceeding, the right to be accompanied by a parent, victim/witness counselor, or other adult designated by the court. Specifies the role of such attendant. Provides for expedited procedures for the prosecution of any action involving a dangerous crime against children. Requires any physician, social worker, or specified other individuals (medical personnel, teachers, and anyone who has reasonable cause to believe that a child is abused or neglected) to report to the appropriate authorities. Makes: (1) reporters immune from liability under this Act; and (2) failure to report a class A misdemeanor. Title III: Child Care Worker Employee Background Check - Requires each Federal agency hiring individuals determined to have supervisory or disciplinary authority over children to require a report of the criminal history of specified employees.
United States · United States Congress · 8 March 1989
National Awards for Mathematics and Science Teaching Act of 1989 - Directs the National Science Foundation to establish a merit competitive scholarship award program for students enrolled in a baccalaureate degree program in science, mathematics, or engineering who are willing to commit themselves to teach elementary or secondary science or mathematics. Limits such awards to the last two years of the baccalaureate degree program. Sets forth a service obligation of at least two years' teaching, which must be completed within six years after graduation from the program for which award was made. Requires repayment of awards, with specified exceptions, upon failure to complete such service obligation. Authorizes appropriations for FY 1990.
United States · United States Congress · 8 March 1989
Amends the Internal Revenue Code to make a technical correction to provisions governing the exclusion from gross income of certain allowances to Federal civilian officers and employees working in foreign areas to extend it to certain allowances of intelligence officers not already explicitly covered.
United States · United States Congress · 8 March 1989
Designates September 15, 1989, as National POW/MIA Recognition Day. Recognizes the National League of Families POW/MIA flag as the official symbol of the United States' commitment to resolving the fates of Americans still prisoner or missing in action in Southeast Asia.
United States · United States Congress · 6 March 1989
Financial Institutions Reform, Recovery and Enforcement Act of 1989 - Title I: Purpose - Specifies the purposes of this Act, including regulatory reform, the establishment of an independent insurance agency to provide deposit insurance, and the provision of improved supervision and enhanced enforcement powers. Title II: Federal Deposit Insurance Corporation Authorities and Responsibilities - Amends the Federal Deposit Insurance Act to authorize the Federal Deposit Insurance Corporation (FDIC) to insure deposits held at savings associations as well as commercial banks. Increases the membership of the FDIC's Board of Directors from three to five members. Specifies that the additional two members shall be the Chairman of the Federal Home Loan Bank System and a citizen appointed by the President, by and with the advice and consent of the Senate. Revises certain definitions for the purposes of the Federal Deposit Insurance Act. Specifies that the term "insured deposit" shall include any liability which constituted an "insured account" within the meaning of the National Housing Act prior to the enactment of this Act, provided certain conditions are met. Specifies that the Federal Home Loan Bank System (FHLBS) shall be considered the appropriate Federal banking agency in the case of a savings association or a savings and loan holding company. Includes within the definition of "savings association" any institution that was supervised by the Federal Savings and Loan Insurance Corporation (FSLIC) prior to the enactment of this Act, a Federal savings and loan association or Federal savings bank, or a building and loan, savings and loan, homestead association, or a cooperative bank organized and operated under State law, or a corporation that the FDIC considers to be operating substantially in the same manner as a savings and loan association. Provides that every FSLIC insured savings association shall continue to be insured by the FDIC without application or approval. Provides that whenever a financial institution files an application or notice for membership with, or to commence or resume business with, the appropriate Federal banking agency, such agency must provide such application to the FDIC for comment. Requires such agency to take the FDIC's comment into account in deciding whether to grant the application. Provides that certain State financial institutions shall continue as insured institutions. Allows any Federal savings association authorized to do business by the FHLBS to become an insured financial institution upon the filing of an application with the FDIC together with a certificate issued by the FHLBS, unless insurance is denied by the FDIC. Sets forth procedures for the FDIC to evaluate such an application. Specifies the factors to be considered in granting or denying insurance coverage. Requires the FDIC to notify the FHLBS if such insurance coverage is denied, and to give specific reasons in writing for such denial. Requires every noninsured financial institution which becomes insured by the FDIC to pay any entrance fee prescribed by FDIC regulations. Requires that such fee be credited to either the Bank Insurance Fund (BIF) or the Savings Associations Insurance Fund (SAIF) depending on which fund the institution joins. Prohibits any insured financial institution from participating in any type of conversion transaction which would result in a change of membership from one such fund to the other without the approval of the FDIC. Places a five-year moratorium on the approval of such conversion transactions, except in limited circumstances. Requires financial institutions which participate in such conversion transactions to pay specified entrance and exit fees. Provides that whenever the FDIC incurs a loss in connection with the default of an insured financial institution, or in connection with providing assistance to an insured financial institution in danger of default, any other commonly-controlled insured financial institution shall be liable to the FDIC and on request shall reimburse the FDIC for any such loss. Specifies the method of calculating such liability. Sets forth procedures for imposing and collecting such liability. Limits the rights of any third parties in such proceedings. Provides that for a five-year period no BIF members shall be held liable for the default of a SAIF member and no SAIF members shall be held liable for the default of a BIF member. Defines "commonly-controlled" for purposes of determining such liability. Adds as a factor to be considered by the FDIC in evaluating applications for insurance coverage the risk presented to the Deposit Insurance Fund (DIF), the BIF, and the SAIF. Allows the FDIC, after reaching agreement with the other Federal banking agencies, to require insured financial institutions to file additional reports for insurance purposes. Requires the FDIC to set the assessment rate for insured financial institutions annually. Specifies that the annual assessment rate for BIF members shall be determined independently from the annual assessment rate for SAIF members. Prescribes the assessment rates for BIF members for 1989, 1990, and 1991 onward. Prescribes the assessment rates for SAIF members through 1990, for 1991 through 1993, and for 1994 onward. Allows the FDIC to raise or lower such assessment rates under specified circumstances. Limits any increase in the assessment rate to 50 percent over the annual assessment rate of the prior year. Specifies that such assessments shall be paid semiannually. Allows assessment credits to BIF members and SAIF members for years in which the ratio of the net worth of such funds to the value of insured deposits reaches a certain level. Specifies that such a credit shall be applied to the assessment becoming due for the next semiannual assessment period. Extends the provisions of the Change in Bank Control Act to savings associations as well as banks. Includes as an additional corporate power of the FDIC the authority to define any terms used in the Federal Deposit Insurance Act that are not specifically defined and to interpret the definitions of any terms that are not defined. Grants the FDIC the same authority to examine insured savings associations and to insure the deposits held at savings associations as it presently has with respect to insured banks. Establishes two insurance funds (the Bank Insurance Fund (BIF) and the Savings Associations Insurance Fund (SAIF)) to be used by the FDIC to carry out the insurance purposes of this Act. Specifies that such funds are both to be operated and administered by the FDIC. Requires such funds to be separately maintained and not commingled. Specifies that the BIF shall consist of the assets of the Permanent Insurance Fund and all amounts assessed of BIF members. Specifies that the SAIF shall consists of all amounts assessed of SAIF members (which are not required for the Financing Corporation or the Resolution Funding Corporation pursuant to this Act) and of funds provided by the Secretary of the Treasury according to a specific schedule for FY 1991 through 1999. Authorizes the Secretary to provide additional amounts for such fund if the minimum net worth of the fund falls below a certain level. Authorizes appropriations for such funds. Authorizes the FDIC to borrow funds for the use of the SAIF. Provides that such borrowings shall be a direct liability of the SAIF and shall be subject to certain limitations. Revises and defines the authorities and duties of the FDIC as the receiver or conservator for insured Federal financial institutions and for insured State financial institutions. Specifies that all insurance payments made on account of a closed bank or insured branch of a foreign bank shall be made only from the Bank Insurance Fund and all payments made on account of a closed savings association shall be made only from the Savings Association Insurance Fund. Provides that when the FDIC pays insurance to a depositor, the FDIC shall be subrogated to the depositor's claim against the financial institution. (Such right of subrogation now applies only to national banks.) Revises and defines the authorities and duties of the FDIC in the establishment of bridge banks in cases of failed or failing financial institutions. Authorizes the FDIC to use such bridge banks in the case of failed or failing financial institutions as well as banks. Increases from one to three the number of times a bridge bank may be granted a one-year extension of its corporate existence. Revises procedures for the termination and dissolution of bridge banks. Sets forth the method and procedures for the valuation and determination of claims by third persons against financial institutions in default. Establishes the FSLIC Resolution Fund (Fund). Specifies that such Fund shall be managed by the FDIC and shall be separately maintained and not commingled. Transfers to such Fund the reserves and assets, debts, obligations, contracts, and other liabilities of the FSLIC existing on the date of the dissolution of the FSLIC. Provides that such Fund shall be funded by: (1) income generated on the assets transferred to it; (2) proceeds of the resolution of insolvent thrift institutions which became insolvent prior to December 31, 1988 (to the extent such funds are not required by the Resolution Funding Corporation); (3) the proceeds from borrowings by the Financing Corporation; and (4) assessments on SAIF members levied prior to December 31, 1991, and not required by the Financing Corporation or the Resolution Trust Corporation. Provides for additional funding by the Secretary of the Treasury from appropriated funds in the event such other funds are insufficient. Limits any judgment resulting from a civil action against the FSLIC or the FDIC to the assets of such Fund. Dissolves such Fund upon the satisfaction of all debts and liabilities and the sale of all assets acquired in case resolutions. Requires that any funds remaining in such Fund be covered into the Treasury. Requires that any funds held in either the BIF or the SAIF must be invested in U.S. Government obligations or in obligations guaranteed by the U.S. Government. Requires that the funds from the BIF and the SAIF be invested separately and not commingled. Allows the FDIC to request a 90-day stay of any legal proceedings to which it becomes a party due to its acquisition of any asset or in the exercise of certain authorities. Requires the FDIC, in determining whether to provide assistance to financial institutions, to consider: (1) the immediate and long-term obligations of the FDIC with respect to such assistance; and (2) the Federal tax revenues which would be foregone. Provides that transfers of assets or liabilities associated with any trust business may be effected by the FDIC in connection with any asset purchase transaction without any further State or Federal approval. Revises provisions relating to certain agreements against the interests of the FDIC. Specifies that the Board of Directors of the FDIC may act by a 75 percent vote (current law requires a unanimous vote) in order to override a State's objection to an assisted interstate acquisition of an insured financial institution in default having $500,000,000 or more in assets. Revises certain rules relating to the interstate acquisitions of banks. Establishes separate rules relating to the interstate acquisitions of savings associations. Increases the borrowing authority of the FDIC from $3,000,000,000 to $5,000,000,000. Makes such borrowing authority subject to the approval of the Secretary of the Treasury. Limits any State or local tax penalties to which the FDIC may be subjected when acting as a receiver or conservator of a financial institution. Limits the borrowing of both the BIF and the SAIF to 50 percent of net worth or $10,000,000,000, whichever is less. Requires the FDIC to report to the Congress annually regarding its operations, activities, budget, receipts, and expenditures. (Current law requires an annual report regarding only the FDIC's operations.) Requires the FDIC to make quarterly reports to the Secretary of the Treasury and to the Office of Management and Budget with respect to the FDIC's financial operating plans and forecasts. Requires signs displayed by insured financial institutions to represent whether an institution is a BIF member or a SAIF member. Makes all insured financial institutions subject to the Bank Merger Act. Makes the FHLBS the responsible agency with respect to mergers where the acquiring, assuming, or resulting institution is to be a savings association. Provides that all insured State financial institutions, other than State member banks or district banks, would be subject to the requirement of prior FDIC consent to the reduction of capital. Requires any insured savings association which establishes or controls a new company or elects to conduct any new activity to notify the FDIC and the FHLBS. Requires such a savings association to deduct its investments in, and loans to, such company from its own capital for purposes of determining capital adequacy if the company is engaged in activities not permissible for a national bank. Grants the FDIC and the FHLBS certain enforcement powers with respect to any company controlled by an insured savings association. Authorizes the FDIC to determine activities which are incompatible with deposit insurance. Revises the statement of the policy of nondiscrimination against State nonmember banks under the Federal Deposit Insurance Act to include State savings associations. Eliminates the requirement of nondiscrimination on account of an institution having capital stock of less than the amount required for Federal Reserve membership. Title III: Savings Association Supervision Improvements - Amends the Home Owners' Loan Act of 1933 to specify the duties and responsibilities of the FHLBS with respect to the examination, supervision, and regulation of savings associations. States that such authorities are intended to encourage savings associations to maintain their role of providing credit for housing in a manner consistent with principles of safe and sound operation. Requires the FHLBS to prescribe accounting and disclosure standards for all savings associations. Provides that such standards shall incorporate generally accepted accounting principles to the same degree such principles are used to determine compliance with the rules and regulations of other Federal banking agencies. Requires that the rules, regulations, and policies of the FHLBS governing the operation of savings associations shall be no less stringent than those of the Comptroller of the Currency. Transfers specified provisions of the National Housing Act to the Home Owners Loan Act of 1933. Makes certain conforming name changes and certain technical amendments. Requires the FDIC to be appointed the receiver of insured State savings associations under certain circumstances. Requires insured State savings associations, as well as Federal savings associations, to abide by the rules of the FHLBS when converting from mutual to stock form or from stock to mutual form. Requires the FHLBS to establish for all savings associations capital standards that are no less stringent than those applied to national banks. Allows such capital standards to include goodwill as a component of capital. Specifies that in determining capital adequacy, any investments in, and loans to, a subsidiary engaged solely in mortgage banking activities shall not be deducted from the capital of savings associations. Requires that such capital standards must be fully implemented no later than June 1, 1991. Repeals specified provisions of the Home Owners' Loan Act of 1933 and the National Housing Act which provide capital forbearance to certain insured savings associations. Allows those savings associations operating under a capital forbearance plan previously approved pursuant to such provisions to continue to operate under such plans, provided such associations continue to adhere to such plans and continue to submit required reports. Provides that the expense of the examination of savings associations or their affiliates shall be assessed by the FHLBS upon savings associations in proportion to their assets or resources. Specifies procedures for making such assessments and remedies in cases where an affiliate refuses to pay examination costs, permit examination, or provide required information. Transfers provisions of the National Housing Act concerning the regulation of savings and loan holding companies to the Home Owners' Loan Act of 1933. Makes certain technical amendments to such provisions. Imposes certain sanctions upon savings associations that fail to achieve or maintain qualified thrift lender status. Requires such a savings association to convert its charter to a bank charter within three years unless it requalifies within one year. Prohibits such a savings association from engaging in certain activities until such conversion is complete. Treats a holding company which controls such a savings association as a bank holding company for all purposes of the Bank Holding Company Act of 1956. Charges an insurance fund exit fee upon such a conversion. Makes applicable to savings associations certain provisions of the Federal Reserve Act relating to transactions with affiliates and loans and extensions of credit to directors and controlling persons. Prohibits any savings association from carrying on any sale, plan, or practices or any advertising in violation of regulations promulgated by the FHLBS. Title IV: Dissolution and Transfer of Functions, Personnel, and Property of Federal Savings and Loan Insurance Corporation - Terminates the Federal Savings and Loan Insurance Corporation (FSLIC) 60 days after the enactment of this Act. Provides that all insurance and receivership functions previously performed by the FSLIC shall be performed by either the FDIC or the Resolution Trust Corporation. Provides for the continuation and enforcement of all rules, regulations, and orders of the FSLIC. Provides for the transfer of the personnel and property of the FSLIC to the FDIC and FHLBS. Requires the FSLIC to submit a written report of a final accounting of its finances and operations to the Secretary of the Treasury, the Office of Management and Budget, and the Congress immediately prior to its dissolution. Title V: Financing For Thrift Resolutions - Subtitle A: Resolution Trust Corporation - Establishes the Resolution Trust Corporation (RTC). Specifies the purposes of the RTC as: (1) carrying out a program to manage and resolve cases involving institutions insured by the FSLIC for which a receiver or conservator has been appointed or is appointed within three years following the enactment of this Act; (2) managing the assets of the Federal Asset Disposition Association (FADA); and (3) performing other authorized functions. Provides that the RTC shall have the same case resolution and financial assistance rights and powers as the FDIC. Specifies that the RTC shall not have the authority to obligate the FDIC or its funds and shall be subject to the same limitations as the FDIC in connection with providing assistance to, or liquidating or otherwise resolving cases involving, insured institutions. Establishes the Oversight Board of the RTC which shall consist of the Secretary of the Treasury, the Chairman of the Federal Reserve Board, and the Attorney General. Authorizes the Oversight Board to select a chief executive officer for the RTC. Specifies the corporate powers of the RTC. Specifies special powers of the RTC with respect to receiverships, conservatorships, and oversight of the institutions for which it is responsible. Requires the RTC to convert the FADA to a corporation or other business entity and to sell, wind down, or dissolve such corporation or entity within 180 days after the enactment of this Act. Authorizes the RTC to issue capital certificates to the Resolution Funding Corporation. Sets forth requirements and limitations concerning such capital certificates. Exempts the RTC from Federal, State, municipal, and local taxation, except taxes on real estate held by the RTC. Authorizes the RTC to remove any legal proceeding to which it may be a party from a State court to the U.S. District Court for the District of Columbia. Provides that any guarantees issued by the FSLIC after January 1, 1989, and before the enactment of this Act shall be converted into obligations, entitlements, and instruments of the RTC. Authorizes the RTC to borrow funds from the Treasury, on terms fixed by the Secretary of the Treasury, up to an aggregate of $5,000,000,000 outstanding at any one time. Subtitle B: Resolution Funding Corporation - Establishes the Resolution Funding Corporation (RFC). Specifies the purpose of the RFC as providing the RTC with the funds necessary to carry out the purposes of this Act. Establishes a directorate to manage the RFC which shall consist of: (1) the director of the Office of Finance of Federal Home Loan Banks; and (2) two members selected from the presidents of the Federal Home Loan Banks. Sets forth administrative provisions concerning the management of the RFC. Sets forth the powers and duties of the RFC. Provides for the capitalization of the RFC by the purchase of capital stock by Federal Home Loan Banks. Specifies the amounts each Federal Home Loan Bank shall invest in the capitalization of the RFC. Provides for additional sources of funds for the RFC. Limits the amount of bonds or similar obligations which the RFC may issue to $50,000,000,000. Provides that the RFC shall pay any interest due on such obligations from proceeds received by the RTC from the liquidation of financial institutions under its management. Provides that the proceeds of obligations issued by the RFC shall be invested in capital certificates issued by the RTC. Grants tax-exempt status to any obligations of the RFC. Terminates the RFC after the date by which all capital certificates purchased by the RFC in the RTC have been retired. Title VI: Thrift Acquisition Enhancement Provisions - Amends the Bank Holding Company Act to allow bank holding companies to acquire any savings association with the approval of the Federal Reserve Board beginning two years after the enactment of this Act. Prohibits the Federal Reserve Board from imposing any restrictions on transactions between a savings association and its holding company affiliates other than those restrictions presently imposed under the Federal Reserve Act. Amends the National Housing Act to allow a savings and loan holding company to hold up to five percent of the voting shares of an unaffiliated savings association or savings and loan holding company. Permits multiple savings and loan holding companies to acquire up to five percent of the voting shares of any non-subsidiary company. Title VII: Federal Home Loan Bank Act System Reforms - Subtitle A: Federal Home Loan Bank Act Amendments - Amends the Federal Home Loan Bank Act to abolish the Federal Home Loan Bank Board (FHLBB) and transfer all power and authority vested in the FHLBB to the Chairman of the Federal Home Loan Bank System (FHLBS). Provides that the FHLBS shall be a bureau of the Department of the Treasury. Provides that the Chairman of the FHLBS shall be appointed by the President, by and with the advice and consent of the Senate. Specifies that the Chairman of the FHLBB shall become the Chairman of the FHLBS. Sets forth administrative provisions concerning employees of the FHLBS. Provides that the FHLBS shall have and may exercise all functions which the FHLBB and the FSLIC exercised and which are not expressly transferred or consolidated into the FDIC or the RTC. Sets forth the procedures and requirements for the election of the Board of Directors of the Federal Home Loan Banks. Authorizes Federal Home Loan Banks to make loans to the Federal Deposit Insurance Corporation, subject to the concurrence of the Chairman of the FHLBS, for the use of the SAIF. Requires the senior supervisory employee of each Federal Home Loan Bank to report to the chief supervisory official of the FHLBS. Provides that such senior supervisory employee may be removed for cause by the Chairman of the FHLBS. Changes the name of the Federal Savings and Loan Advisory Council to the Thrift Advisory Council. Abolishes the Federal Savings and Loan Insurance Corporation Industry Advisory Committee. Subtitle B: Conforming Amendments - Makes specified conforming amendments to the Federal Home Loan Mortgage Corporation Act, the Deficiency Appropriation Act of 1936, the Housing Act of 1948, and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title VIII: Bank Conservation Act Amendments - Amends the Bank Conservation Act to revise provisions concerning the appointment of the FDIC as the conservator of a bank. Specifies the conditions under which the FDIC may be appointed as a conservator. Allows an affected bank to seek judicial review of the appointment of a conservator, except in cases where the bank has consented to the appointment of a conservator or the bank's deposit insurance has been terminated. Specifies that the Comptroller of the Currency shall have the exclusive power and jurisdiction to appoint a conservator for the bank. Requires the Comptroller to consult with the FDIC when examining and supervising an ongoing bank for which the FDIC has been appointed conservator, as long as the bank continues operations as an ongoing national bank. Revises provisions concerning the termination of a bank conservatorship. Revises the powers and duties of a conservator. Revises provisions concerning the liability of a conservator for acts performed pursuant to the conservatorship. Specifies that a conservator may be held liable only for acts which are found to be grossly negligent. Allows the Comptroller to indemnify the conservator. Title IX: Regulatory Authority and Criminal Enhancements - Enforcement Powers Improvement Act of 1989 - Subtitle A: Regulation of Financial Institutions - Makes technical amendments to the Federal Deposit Insurance Act with respect to a Federal banking agency's authority to impose sanctions on an "institution-related party" who participates in the affairs of an insured financial institution (both banks and savings associations.) Reduces from 120 days to 60 days the prior notice the FDIC must give of its intention to terminate a financial institution's deposit insurance. Reduces the period during which deposit insurance is continued in such cases from two years to a period of six months to two years at the discretion of the FDIC. Allows the FDIC to temporarily suspend deposit insurance upon a finding that an insured financial institution has no tangible shareholders' equity that qualifies under the capital guidelines or regulations of the appropriate Federal banking agency. Allows the appropriate Federal banking agency to issue cease and desist orders to require affirmative action to correct conditions resulting from certain violations or practices, including making restitution or reimbursement, providing indemnification, rescinding contracts, disposing of loans, or assets, restricting growth of the institution, or providing guarantees against loss. Allows such an order to limit the activities or functions of the financial institution of any institution-related party. Specifies that the FHLBS may exercise cease and desist authority with respect to savings and loan holding companies, any subsidiary of a savings and loan holding company, any service corporation of a savings association, and any subsidiary of any such service corporation. Revises the temporary cease and desist authority of the Federal banking regulatory agencies to delete the requirement that the agency must show a "substantial" dissipation of assets or a "serious" weakening of the condition of the financial institution. Provides that such a temporary order may place limitations on the activities or functions of the financial institution or prohibitions or restrictions on the growth of the institution or any institution-related party. Allows the use of such temporary cease and desist authority when a financial institution's records are so incomplete or inaccurate that the appropriate banking agency cannot determine the financial condition of the institution. Provides that such an order may require the institution to take such action necessary to restore the records to a complete and accurate state. Revises rules concerning the suspension or removal of any financial institution-related party. Deletes the requirement that the regulatory agency must show activity which results in "substantial" financial loss or other damage to the financial institution. Specifies the types of activity to be considered, including activity at any business institution or another financial institution other than the institution in question. (Current law provides for different standards depending on whether the activity took place at another institution or at the particular institution from which removal is sought.) Allows the temporary removal of an institution-related party pending a permanent removal if necessary for the protection of the institution or depositors. Provides that any institution-related party suspended or removed by such an order shall also be suspended or removed or prohibited from participation in the conduct of the affairs of any: (1) insured financial institution; (2) bank holding company or subsidiary; (3) Edge Act corporation; (4) service corporation or subsidiary; (5) savings and loan holding company or subsidiary; (6) federally-insured credit union; and (7) institution chartered under the Farm Credit Act of 1971. Exempts such a person from such industry-wide prohibitions if the appropriate Federal regulatory agency gives prior written approval. Specifies that such authority to proceed against any institution-related party shall not be affected by the resignation, termination of employment, or other separation of such person from an insured financial institution. Increases from $1,000 per day to $25,000 per day the civil penalty for the violation of a cease and desist order or an order for the suspension or removal of an institution-related party. Allows a penalty of up to $1,000,000 per day for violations made with reckless disregard for the safety and soundness of the financial institution. Imposes a $25,000 per day civil penalty (up to $1,000,000 per day in cases of reckless disregard for the safety and soundness of the financial institution) for a violation of: (1) any law or regulation relating to financial institutions; (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 fiduciary duty. Imposes such penalty for any practice which results in a loss to the financial institution or pecuniary gain to the institution-related party. Imposes criminal penalties upon any person who participates in the affairs of any federally regulated financial institution, holding company, or subsidiary after having been suspended, removed from office, or prohibited from participating in the affairs of a financial institution by an order of the appropriate Federal banking regulatory agency. (Current law imposes criminal penalties only for participation in the affairs of the institution from which the person was prohibited, removed, or suspended.) Authorizes the Federal banking agencies to pay rewards for information which leads to a recovery which exceeds $50,000 in criminal fines, restitution, civil penalties, or forfeitures. Limits such a reward to the lesser of 25 percent of the recovery or $100,000. Prohibits a federally-insured financial institution from discharging or discriminating against any employee who provides information to any regulatory authority or to the Department of Justice regarding a possible violation of any law or regulation by the financial institution or its officers, directors or employees. Establishes a civil cause of action for any employee or former employee who believes he has been discharged or discriminated against in violation of such prohibition. Authorizes the FDIC to recommend that the FHLBS take any enforcement actions authorized with respect to any savings association. Requires the FDIC to take such action if the FHLBS does not take such enforcement actions. Increases from $100 per day to a maximum of $1,000,000 per day the penalty for unauthorized participation in the affairs of a financial institution by any person who has been convicted of any criminal offense involving dishonesty or a breach of trust. Makes both the depository institution and the individual involved subject to such penalty. (Current law makes only the depository institution subject to such penalty.) Imposes criminal penalties for the knowing violation of such prohibition, in addition to such civil penalty. Increases from $1,000 per day to $25,000 per day the civil penalty for specified violations of the Federal Reserve Act. Allows a penalty of up to $1,000,000 per day for any such violations made with reckless disregard for the safety and soundness of the financial institution. Amends the Bank Holding Company Act to increase the criminal and civil penalties for violations of such Act. Specifies that both criminal and civil penalties shall be cumulative. Increases the civil penalties for violations of the prohibitions against tying arrangements between subsidiaries of a bank holding company from $1,000 per day to $25,000 per day. Allows a penalty of up to $1,000,000 per day for violations made with reckless disregard for the safety and soundness of the financial institution. Makes similar increases in the civil penalty for refusal to permit examination of a national bank or affiliate and in the general civil penalty authority of the Comptroller of the Currency. Amends the Change in Bank Control Act to increase the civil penalties for violations of such Act from $10,000 per day to $25,000 per day. Allows a penalty of up to $1,000,000 per day for violations made with reckless disregard for the safety and soundness of the financial institution. Deletes the requirement that such a violation must be "willful." Sets forth procedures for the assessment and collection of such penalties. Amends the Bank Protection Act of 1968 to repeal requirements for insured financial institutions to submit reports with respect to security devices and procedures. Increases to $25,000 per day the penalty for national banks, State nonmember banks, Federal Reserve member banks, and bank holding companies which violate reporting requirements. Allows a penalty of up to $1,000,000 per day for violations made with reckless disregard for the safety and soundness of the financial institution. Revises such requirements to prohibit submission of any false, misleading, or incomplete reports or information. (Current law provides penalties only for failure to make required reports.) Subtitle B: Regulation by the Federal Home Loan Bank System - Specifies that the FHLBS shall have examination and supervision authority with respect to Federal savings associations. Requires savings associations to make reports of condition to the FHLBS. Imposes civil penalties of $25,000 per day for failure to submit such reports and for submitting false, misleading, or incomplete reports or information. Allows a penalty of up to $1,000,000 per day for violations of such reporting requirements from reckless disregard for the safety and soundness of a savings association. Increases the civil and criminal penalties for violations of the Savings and Loan Holding Company Act to conform with the penalties for Bank Holding Company Act violations. Provides that all ongoing litigation in which the FHLBB or the FSLIC are parties shall be pursued by either the FHLBS or the FDIC. Authorizes the FHLBS to continue certain pending enforcement actions initiated by the FHLBB or the FSLIC prior to the effective date of this Act. Subtitle C: Credit Unions - Amends the Federal Credit Union Act to revise the enforcement authority of the National Credit Union Administration (NCUA) to conform to the enforcement authorities of the other Federal banking regulatory agencies. Increases the penalties for violations of such Act to conform to the penalties for violations of other banking laws. Subtitle D: Right to Financial Privacy Act - Amends the Right to Financial Privacy Act to specify that the exceptions to the requirements of such Act apply to supervisory agencies of any financial institution, holding company, or any subsidiary of a financial institution or holding company. Specifies that such exceptions extend to: (1) any supervisory agency of financial records or information in the exercise of its supervisory regulatory or monetary functions, including conservatorship or receivership functions; (2) the Federal Reserve or any Federal Reserve bank in the exercise of its authority to extend credit to depository institutions and others; and (3) the RTC in the exercise of its conservatorship, receivership, or liquidation functions. Prohibits a financial institution which has been served a grand jury subpoena relating to possible crimes against financial institutions or regulatory agencies from notifying any customer whose records are sought or any other party about the existence or contents of any subpoena or any information that has been furnished to the grand jury in response to that subpoena. Impose criminal penalties for violations of such prohibition. Subtitle E: Criminal Enhancements - Amends the Federal criminal code to increase the criminal penalties and impose civil penalties for: (1) financial institution bribery; (2) financial institution misapplication and embezzlement; (3) false entries on the books of financial institutions; (4) fraud on a deposit insurer; (5) false statements or overvaluations concerning financial institutions; and (6) financial institution fraud. Sets forth procedures for the imposition of civil penalties and the collection of any such penalties. Specifies that all criminal and civil penalties shall be cumulative. Increases the statute of limitations pertaining to such crimes from five years to ten years. Provides for civil forfeiture and criminal forfeiture of any property derived from proceeds traceable to specified crimes affecting federally insured financial institutions. Amends the Federal Rules of Criminal Procedure to allow the disclosure of certain matters occurring before a grand jury to certain Government attorneys to assist in the enforcement of Federal criminal or civil law. Allows certain other disclosures when permitted by a court. Authorizes appropriations for FY 1989 to the Department of Justice for investigations and prosecutions involving financial institution crimes. Title X: Study of Federal Deposit Insurance and Banking Regulation - Requires the Secretary of the Treasury to study and report to the Congress on the Federal deposit insurance system, including an appropriate structure for the offering of competitive products and services to consumers consistent with standards of safety and soundness. Title XI: Miscellaneous Provisions - Amends the Federal Credit Union Act to delete the requirement that every credit union maintain with the National Credit Union Share Insurance Fund (NCUSIF) a deposit equal to one percent of the credit union's insured shares. Authorizes the National Credit Union Administration (NCUA) to assess an additional insurance premium if the operating level of the NCUSIF falls below a minimum level. Allows a credit union to expense the one percent deposit over an eight-year period. Requires the Comptroller of the Currency, subject to the approval of the Secretary of the Treasury, to fix the compensation of the employees of the Office of the Comptroller of the Currency. Directs the Comptroller to seek to maintain comparability with the compensation at the other Federal banking regulatory agencies.
United States · United States Congress · 2 March 1989
Title I: Pay-As-You-Go-Budget - Budget Reform Act of 1989 - Prohibits the President's budget and that adopted by the Congress in a concurrent resolution on the budget from including: (1) total budget outlays that exceed those for the preceding fiscal year, unless at least equivalent revenue increases and their sources are identified; and (2) a reduction in revenues from the preceding fiscal year, unless at least equivalent reductions in outlays are identified, along with the affected programs. Authorizes the Congress to waive the prohibition with respect to its budget resolution by a two-thirds vote. Makes it out of order in both the Senate and the House of Representatives to consider a concurrent budget resolution under which fiscal year revenues exceed outlays, unless the purposes for which the excess is to be allocated are specified. Title II: Biennial Budget - Biennial Budgeting Act of 1989 - Amends the Congressional Budget Act of 1974, the Congressional Budget and Impoundment Control Act of 1974, and other Federal law to revise the Federal budget process by: (1) establishing a two-year budgeting and appropriations cycle and timetable, beginning in the 102d Congress; and (2) requiring separate consideration of authorizations, appropriations, the concurrent resolution on the budget, and the reconciliation bill or resolution. Devotes the first session of any Congress to committee work and includes the following deadlines: (1) June 30 for completion of oversight hearings and reports; (2) July 1 for beginning legislative work for the two-year budget period; (3) November 30 for the Budget Committee report of the concurrent resolution on the budget; and (4) December 1 for committee reports of legislation authorizing new budget authority and providing new spending authority. Establishes the following deadlines, among others, with respect to the second session: (1) March 10 for completion of congressional action on authorization legislation; (2) March 31 for completion of congressional action on the concurrent resolution on the budget; (3) April 15 for Appropriations Committee reports of legislation providing new budget authority; (4) the week following Labor Day for completion of congressional action on legislation involving new budget and entitlement authority; and (5) September 25 for completion of congressional action on reconciliation legislation implementing the budget resolution. Directs each standing committee of the Congress to review the laws and programs under its jurisdiction in every odd-numbered year to determine whether they should be continued, curtailed, or eliminated and whether new legislation is necessary to comply with congressional intent. Conforms provisions governing the President's budget to the biennial framework. Directs the President to transmit to the Congress during the first 15 days of the second session any budget revisions with respect to the budget transmitted in the first session. Title III: Line Item Veto - Grants the President, for the two-year period following this Act's enactment, line item veto authority with respect to appropriations legislation, except for any item of appropriation for the legislative or judicial branch of the Government.
United States · United States Congress · 2 March 1989
Prohibits the Federal Communications Commission from adopting revisions of the rules and policies in the proceeding "Policy and Rules Concerning Rates for Dominant Carrier," CC Docket 87-313, unless the changes expressly provide for: (1) the proper functioning of the long-term support mechanisms for the carrier common line rates administered by the National Exchange Carrier Association; (2) the maintenance of uniform nationwide long distance telephone rates by dominant interexchange carriers; and (3) the use of an industry-wide rate of return to determine costs for access tariffs and to calculate the Universal Service Fund. Requires the FCC to report to the Congress the compliance of revisions with these conditions. Postpones the effectiveness of any rule or policy revisions until 60 days have elapsed during which both Houses of the Congress are in session.
United States · United States Congress · 2 March 1989
Condemns the death threats issued by the Ayatollah Khomeini against Salman Rushdie and other persons associated with distribution of The Satanic Verses . Calls for repudiation of such threats and the immediate withdrawal of any monetary reward or martyrdom for the murder of Rushdie. Commends the European Community member States for condemning the threats and withdrawing their senior diplomats from Iran. Applauds President Bush for his statement of outrage against the Iranian Government's actions. Asks that the President direct Federal agencies to cooperate with State and local law enforcement authorities to protect commercial establishments that display and distribute The Satanic Verses .
United States · United States Congress · 1 March 1989
Veterans Nurse Pay Act of 1989 - Directs the Secretary of Veterans Affairs to restructure the current nurse grades of the Department of Veterans Affairs so as to provide four grade levels for nurses. (Current law provides for eight grade levels.) Specifies the relationship the new grade levels have with the current nurse grades and to pay grades under the General Schedule.
United States · United States Congress · 1 March 1989
Federal Law Enforcement Officers Death Penalty Act of 1989 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Specifies that: (1) the jury or the court, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence; and (2) the jury shall be so instructed. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 1 March 1989
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 1 March 1989
Commercialized Childbearing Prevention Act of 1989 - Prohibits both U.S. and State courts from enforcing any agreement under which: (1) a woman agrees, in exchange for a benefit, to become pregnant, to give birth to the infant involved and to provide for the relinquishment of any parental rights and obligations with respect to such infant to an individual not her husband; or (2) a person agrees, in exchange for such relinquishment, to provide a benefit to such woman making the agreement. Prohibits the brokering of such agreements. Provides criminal penalties for violation of this Act.
United States · United States Congress · 1 March 1989
Urban Homestead Act of 1989 - Amends the United States Housing Act of 1937 to make the tenant ownership program authority permanent. Directs the Secretary of Housing and Urban Development to provide financial assistance directly to resident management corporations for homeownership technical assistance. Expands resident management corporation authority to replace purchased public housing units.
United States · United States Congress · 1 March 1989
Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Includes as deductible all reasonable and necessary expenses that do not violate a Federal or State law and that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency, or through a private placement. Excludes the deduction from the two percent floor on miscellaneous itemized deductions. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits both the deduction and the exclusion to $5,000 ($7,000 in the case of an international adoption). Reduces the amount when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.
United States · United States Congress · 28 February 1989
Authorizes any person who receives an unsolicited sexually oriented advertisement through the mails to request the Postal Service to order the sender to disclose the source from which the recipient's name or address was obtained. Authorizes the Postal Service to request the Attorney General to apply to a U.S. district court for an order directing compliance.
United States · United States Congress · 28 February 1989
Amends the Federal Cigarette Labeling and Advertising Act to require that cigarettes and cigarette advertising bear a label stating the addictive quality of nicotine.
United States · United States Congress · 28 February 1989
Radio License Renewal and Improvements Act of 1989 - Amends the Communications Act of 1934 to direct the Federal Communications Commission, with respect to applications for radio license broadcast renewals, to grant a renewal if during the preceding term of the license the licensee: (1) has broadcast material responsive to issues of concern to the residents of its service area; and (2) has not committed violations of such Act or the rules or regulations of the Commission, which taken together would constitute a pattern of abuse. Authorizes the Commission to deny a renewal or grant limited renewal if an applicant has failed to meet such requirements. Prohibits the Commission, in evaluating a licensee's performance in broadcasting material responsive to matters of public concern, from establishing or applying any requirement with respect to the broadcast of any specific subject or quantity of material. Directs the Commission to accept the licensee's judgment if found to be reasonable and made in good faith. Prohibits the Commission, in determining whether to renew a license, from considering whether the public interest, convenience, and necessity might be served by granting a license to a competing applicant. Directs the Commission to conduct an inquiry and prescribe any necessary regulations concerning any additional information that licensees should be required to maintain and make available to the public regarding the licensee's responsibility to broadcast material responsive to matters of public concern. Makes it unlawful for a license applicant and any other person, while a license application is pending, to effectuate an agreement whereby the other person withdraws or withholds the filing of a competing application, an informal objection, or a petition to deny in exchange for the payment of anything of value by, or on behalf of, the applicant. Requires the Commission to establish a procedure for the review of informal complaints received by the Commission during the license term of a radio licensee. Authorizes the Commission to consider such complaints at the time of a license renewal if such complaints constitute a pattern of abuse for purposes of this Act or evidence of the licensee's effort to serve the public interest.
United States · United States Congress · 27 February 1989
Commends: (1) Secretary of State Baker's February 8, 1989, statement for focusing world attention upon the humanitarian disaster in Sudan and the urgent need for a ceasefire and peace accord; and (2) the relief activities of the International Committee of the Red Cross, the Agency for International Development, the Office of Foreign Disaster Assistance, and various American, international, and private and voluntary agencies. Deplores the use of food as a weapon by the Government of Sudan and by the Sudanese People's Liberation Army (SPLA) and calls upon each to permit the safe passage of food and emergency relief supplies to civilians in affected areas. Urges the President and Secretary of State to: (1) provide international leadership in pressing for national reconciliation and an end to widespread starvation in Sudan; (2) reassess U.S.-Sudanese relations and U.S. assistance unless the Government of Sudan makes progress in facilitating increased relief to displaced populations and in negotiations for a peace accord; and (3) impress upon the SPLA its responsibility to permit the flow of international relief to civilians and to negotiate with the Government of Sudan for a national peace accord.
United States · United States Congress · 23 February 1989
Amends the National Trails System Act to designate as components of the National Trails System: (1) the California National Historic Trail, extending from Independence and Saint Joseph, Missouri, and Council Bluffs, Iowa, to various points in California and Oregon; and (2) the Pony Express National Historic Trail, extending from Saint Joseph, Missouri, through Kansas, Nebraska, Colorado, Wyoming, Utah, and Nevada to Sacramento, California.
United States · United States Congress · 22 February 1989
Scenic Byways Study Act of 1989 - Declares it to be the policy of the United States to identify, protect, and enhance scenic and historic roads. Directs the Secretary of Transportation to: (1) transmit to the Congress a nationwide, long-term plan for promoting, designating, protecting, and enhancing scenic and historic roads, including an analysis of available studies on a national scenic byways program, guidelines for administration of such a program, and forecasts of significant changes in traffic volumes, safety consequences, and environmental and economic impacts; (2) assemble for the Congress available information on economic activity associated with scenic and recreational travel; (3) conduct a study and make recommendations regarding economic impacts of promoting scenic byways as tourist attractions, techniques for incorporating scenic byways into tourism development and marketing programs, and alternative means to inform the public about scenic byways; and (4) conduct case studies of, and report on, States with existing scenic byway programs. Requires the Secretary to consult with the States on studies under this Act. Authorizes the Secretary to conduct national and regional conferences to ensure public involvement. Authorizes appropriations.
United States · United States Congress · 22 February 1989
Federal Retirees Fairness Act - Requires Federal agencies to ensure that employee personnel files include information of all Federal employment for retirement purposes within 180 days after an employee begins service with an agency. Requires an agency, if an employee gives at least four months' to one year's notice of intent to retire, to: (1) inform such employee (or, if deceased, the employee's survivors) of any retirement counseling and applicable services; and (2) begin processing disability retirement applications not later than 30 days after the date of the application. Sets forth a schedule for processing applications for retirement deduction refunds and death benefits. Requires the Office of Personnel Management to compile quarterly information on the number of retirement applications submitted by agencies and their timeliness and accuracy. Requires the agency retirement counselor to conduct seminars at least twice a year.
![Official portrait of Rep. Bereuter, Doug [R-NE-1]](https://www.congress.gov/img/member/b000403_200.jpg)