United States · United States Congress · 2 February 1989
Family and Medical Leave Act of 1989 - Title I: General Requirements for Family Leave and Medical Leave - Entitles employees to family leave for specified periods in cases involving the birth, adoption, foster care, or serious health condition of a child or the serious health condition of a parent. Entitles employees to temporary medical leave for specified periods in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Requires employers to post notice of the pertinent provisions of this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Family and Medical Leave - Establishes the Commission on Family and Medical Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act within 60 days.
United States · United States Congress · 2 February 1989
Fairness in Bargaining Act of 1989 - Amends the Petroleum Marketing Practices Act to provide that, with respect to the sale, consignment, or distribution of motor fuel, the term "franchise" includes any contract between specified parties which is economically necessary to the operation of the franchise. Provides that the termination or non-renewal of a franchise relationship, upon expiration of an underlying lease for marketing premises, is reasonable if specified conditions exist.
United States · United States Congress · 2 February 1989
Civilian Conservation Corps II Act - Establishes the Civilian Conservation Corps II. Makes the Secretary of the Interior (the Secretary) responsible for administration and oversight of the Corps. Requires that Corps work projects be consistent with the mission or function of each participating Federal, State, local or tribal land managing agency. Directs the Secretary and the Secretary of Agriculture to assure that such work projects are consistent with the Forest and Rangeland Renewable Resources Planning Act of 1974 and other prescribed standards. Limits membership in the Corps to individuals who, at the time of enrollment, are: (1) unemployed; (2) 16 through 25 years of age; and (3) U.S. citizens or lawful permanent residents, or lawfully admitted refugees or parolees. Requires that applicants under 19 years of age give adequate assurances that they did not leave school for the express purpose of enrolling. Makes selection of corps members the responsibility of the chief administrator of each participating land managing agency. Gives membership selection preference to minority youths and to youths residing in rural or urban areas with substantial youth unemployment. Limits the period of Corps enrollment for any member to 24 months, which may be served continuously or in two or three shorter terms. Permits members to complete a continuous term after attaining age 26. Prohibits enrollment solely for school vacation periods. Provides for the establishment of residential and nonresidential Corps camps. Deems Corps members and crew leaders to be Federal employees for specified purposes. Amends the Military Selective Service Act to exempt persons who have completed a two-year enrollment in the corps from induction for training and service, except during the period of a war or a national emergency. Authorizes the Secretary to award grants or enter into agreements for the funding and operation of Corps camps with Federal, State, or local agencies or tribal organizations which certify that specified requirements shall be met. Directs the Secretary to: (1) establish wage, hour, and working condition standards; (2) provide for the collection and sale of biomass recovered by Corps camp projects; and (3) arrange, with the assistance of the Secretary of Education, for academic credit awards for Corps experience and for academic study by Corps members. Directs the Secretary to report annually to the President and the Congress on the activities carried out under this Act. Sets forth nondiscrimination provisions. Authorizes appropriations to carry out this Act.
United States · United States Congress · 2 February 1989
Trade Reorganization Act of 1989 - Establishes the Department of Trade, to be administered by a Secretary of Trade appointed by the President. Directs the Secretary, among other things, to: (1) coordinate U.S. policies for promoting beneficial international trade relationships; (2) negotiate U.S. international trade agreements; (3) protect American industry, agriculture, and labor from unfair or injurious foreign competition; (4) develop trade monitoring systems; (5) develop and implement U.S. policies concerning foreign investments; and (6) administer export controls. Transfers to the Secretary all functions of the: (1) U.S. Trade Representative; and (2) Secretary of Commerce which relate to international trade and investment and to specified agencies and offices of the Department of Commerce. Transfers to the Department of Trade the Export-Import Bank of the United States. Amends the Trade Expansion Act of 1962 to establish a Trade Policy Committee, to assist the President in carrying out the functions relating to trade agreements and import relief (replaces an interagency trade organization). Establishes a Trade Negotiating Subcommittee to advise the Secretary on management of international trade and investment. Designates the Secretary of Trade as the President's chief spokesman on trade and requires the Secretary to report directly to the President on all trade policy matters. Directs the Secretary to submit a report annually to the President for submission to the Congress on the Department's activities. Terminates: (1) the Office of the U.S. Trade Representative; (2) the International Trade Administration; (3) the Bureau of Industrial Economics; (4) the Bureau of Economic Analysis; (5) the U.S. Travel and Tourism Administration; and (6) the National Telecommunications and Information Administration. Designates the Secretary as the chief representative of the United States for trade negotiation. Requires the Secretary to: (1) report directly to the President and the Congress and to be responsible to both for the administration of trade agreements under this Act and other specified Acts; (2) advise the President and the Congress on matters related to trade agreement programs; and (3) be responsible for specified reports to the Congress and for such other functions as the President may direct.
United States · United States Congress · 2 February 1989
Repeals provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 that terminated the general revenue sharing program. Revives the program retroactively as of FY 1989. Authorizes FY 1989 through 1995 appropriations for the program.
United States · United States Congress · 2 February 1989
Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. (Under current law, such a loan must be secured by an interest in real property.)
United States · United States Congress · 2 February 1989
Extends regards to the people of France on the occasion of the bicentennial of Bastille Day. Urges the people of the United States to observe the bicentennial on July 14, 1989. Finds that France and the United States remain committed to the principles of the Declaration of the Rights of Man and of the Citizen and the Bill of Rights.
United States · United States Congress · 31 January 1989
Directs the Secretary of Commerce to adjust census figures as necessary so that illegal aliens are not counted for purposes of the apportionment of Representatives in the Congress.
United States · United States Congress · 31 January 1989
Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. (Under current law, such a loan must be secured by an interest in real property.)
United States · United States Congress · 24 January 1989
Repeals provisions of the Tax Reform Act of 1986 that establish nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans. (The consequence is the repeal of section 89 of the Internal Revenue Code.)
United States · United States Congress · 19 January 1989
Directs the American Battle Monuments Commission to establish a memorial and museum on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial and museum. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial and Museum Advisory Board to: (1) promote the establishment of the memorial and museum and encourage the donation of private funds for construction maintenance; (2) recommend the site and select the design for the memorial and museum, subject to the approval of the Commission; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial and museum. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial and museum. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial and museum.
United States · United States Congress · 4 January 1989
Prohibits payments under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act unless the recipient is either: (1) a permanent U.S. resident who actually resides in the United States for at least six months in any one calendar year; or (2) a U.S. citizen at the time benefits become payable.
United States · United States Congress · 3 January 1989
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 3 January 1989
Amends the Federal Unemployment Tax Act to institute discretionary denial of unemployment benefits between academic terms to employees serving educational institutions in nonprofessional positions. (Under current law denial is mandatory.)
United States · United States Congress · 3 January 1989
Foreign Ownership Disclosure Act of 1989 - Requires any foreign person who holds or acquires a significant interest in a U.S. property or a controlling interest in a U.S. business enterprise to register with the Secretary of Commerce. Requires that any changes in registration information be disclosed in an amended registration. Sets forth penalties for the failure to comply with registration requirements. Defines a "significant interest" in U.S. property as more than five percent of the total equity or ownership interests in assets or real property having a market value or gross sales in excess of specified amounts. Defines a "controlling interest" in a U.S. business enterprise as more than 25 percent of the total equity or ownership interests in a business enterprise having assets or gross sales in excess of specified amounts. Directs the Secretary to submit an annual report to the President and the Congress concerning: (1) the extent and effects of foreign investment in the United States; and (2) the effectiveness and efficiency of the registration and reporting requirements of this Act. Directs the Secretary to compile a registry of foreign investments in the United States. Limits access to the information in such registry.
United States · United States Congress · 3 January 1989
Federal Employees' Political Activities Act of 1989 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1989
Title I: National Development Investment - National Development Investment Act - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, distressed local government, Indian tribe, or nonprofit economic development organization, to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth activities eligible for such development investment assistance, including: (1) construction and repair of public facilities; (2) revolving loan funds to promote small business; (3) feasibility studies to enhance the investment climate; and (4) development activities which prevent economic dislocation and promote employee ownership organizations. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an unemployment rate one percent above the national average for the most recent 24-month period for which statistics are available; or (3) a sudden economic dislocation resulting in job losses. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or for the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum of 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum of 15 percent of the appropriations made pursuant to this Act, except for expenditures to Indian tribes. Prohibits the Secretary from obligating more than $2,000,000 in any fiscal year to any person, other than grants for employee ownership organizations. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local government. Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Authorizes the Secretary to make grants to colleges, universities, and other nonprofit educational and research organizations. Directs the Secretary to conduct a study to determine financing needs for the construction and repair of public facilities. Requires the Secretary to submit to each House of the Congress a detailed statement, including findings and recommendations, concerning such financing needs. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Permits the Secretary to discharge responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to the Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wages. Requires the Secretary to maintain and make available for public inspection records of approved applications. Requires each recipient of a grant to maintain certain specified records. Allows the Secretary and the Comptroller General access to all records of such recipients. Authorizes appropriations through FY 1992. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1987 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1994 for the administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1992. Authorizes appropriations through FY 1996 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Authorizes the Commission to make grants to States and public and nonprofit entities for projects which will: (1) assist in the creation or retention of permanent private sector jobs, the upgrading of the region's manpower, or the attraction of private investment; (2) provide special assistance to severely distressed and underdeveloped counties which lack financial resources for improving basic services; (3) assist in achieving the goal of making primary health care accessible in the region; or (4) otherwise serve the purposes of this Act. Prohibits the authorization of any financial assistance to enable plant subcontractors to undertake work previously performed in another area by other subcontractors or contractors. Prohibits grants with funds authorized after October 1, 1989, from exceeding 50 percent of the costs of any approved project. Permits such grants to increase the Federal contribution to any project to such percentage as the Commission determines, within specified limitations. Authorizes appropriations through FY 1994. Extends the termination date of such Act from 1982 to October 1, 1992.
United States · United States Congress · 3 January 1989
Enterprise Zone Improvements Act of 1989 - Title I: Housing and Community Development Provisions - Amends the Housing and Community Development Act of 1987 to require each Federal agency that provides special assistance to enterprise zones or that waives or modifies rules within such zones to report to the Congress and to the Secretary of Housing and Urban Development identifying its actions. Broadens the scope of funding sources for State and local government actions required in connection with tax relief and regulatory simplification in enterprise zones. Directs Federal agencies to seek to provide special assistance to enterprise zones, including expedited processing, priority funding, program set-asides, and technical assistance. Authorizes all Federal agencies to waive or modify rules within enterprise zones. (Under current law, only the Secretary of Housing and Urban Development and, in some cases, the Secretary of Agriculture may do so.) Adds the promotion of affordable housing and law enforcement as objectives justifying waiver or modification of Federal agency rules in an enterprise zone. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the credit amount at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of enterprise zone property if, within one year after the sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within a zone). Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Treats any gain from the disposition of the stock as ordinary income. Subtitle E: Rules Relating to Private Activity Bonds - Declares that: (1) limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property; and (2) the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone business that become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 percent to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary to issue regulations to carry out the provisions of this Act not later than six months after enactment. Title III: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones.
United States · United States Congress · 3 January 1989
Small Contribution Tax Credit Reform Act of 1989 - Amends the Internal Revenue Code to permit an individual a nonrefundable income tax credit for up to $100 ($200 for joint returns) of contributions to congressional candidates. Disallows the credit if the contribution is transmitted through any intermediary group.
United States · United States Congress · 28 September 1988
Foreign Ownership Disclosure Act of 1988 - Requires any foreign person who holds or acquires a significant interest in a United States property or a controlling interest in a U.S. business enterprise to register such interest with the Secretary of Commerce. Specifies the information required to be contained in such registration. Requires that any changes in such information be disclosed in an amended registration within a limited period of time. Sets forth penalties for the failure to comply with such registration requirements. Defines a "significant interest" in U.S. property as more than five percent of the total equity or ownership interests in assets or real property having a market value or gross sales in excess of specified amounts. Defines a "controlling interest" in a U.S. business enterprise as more than 25 percent of the total equity or ownership interests in a business enterprise having assets or gross sales in excess of specified amounts. Directs the Secretary to submit an annual report to the President and the Congress, concerning: (1) the extent and effects of foreign investment in the United States; and (2) the effectiveness and efficiency of the registration and reporting requirements of this Act. Directs the Secretary to compile a registry of foreign investments in the United States. Limits access to the information in such registry.
United States · United States Congress · 27 September 1988
Declares that the Congress urges the Administration to refrain from submitting any proposal in the GATT negotiations that would consider maritime transportation activity as being within the scope of "trade in services" and to reject any proposals made by foreign nations which are similar or which would lead to a contraction of the merchant marine.
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
United States · United States Congress · 12 July 1988
President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.
United States · United States Congress · 7 July 1988
Student Default Initiative Act of 1988 - Amends the Higher Education Act of 1965 (HEA) to lower the maximum amount of a Pell Grant for academic years 1990-1991 and 1991-1992. Eliminates provisions authorizing adjustments in Pell Grant payments when appropriations are insufficient. Authorizes the Secretary of Education (the Secretary), when appropriations are insufficient, to draw funds from subsequent year appropriations for Pell Grants, up to ten percent of such preceding fiscal year's appropriations. Revises provisions relating to the period of eligibility for Pell Grants to limit such period to the full-time equivalent of: (1) the number of academic years that the undergraduate degree normally requires, plus one academic year; or (2) six academic years in the case of a degree or certificate program normally requiring more than four academic years. Requires that insurance program agreements to qualify loans for Guaranteed Student Loan (GSL) interest subsidies provide that the lender must promptly notify the borrower (and that the guaranty agency must notify, upon request of such institution, the last institution the student was attending prior to the beginning of repayment) of: (1) any sale or other transfer of the loan to another holder; and (2) such holder's address and phone number. Makes such notification requirements applicable if: (1) the borrower is in the grace period or in repayment status; and (2) the sale or transfer results in the student's being required to make payments, or to direct other matters related to the loan, to a person other than the person to whom such payments where made or such matters were directed before the sale or transfer. Requires such GSL interest subsidy insurance program agreements to require the guaranty agency to provide preclaims assistance for default prevention. Requires guaranty agencies, in order to inform eligible institutions of the loan status of their former students, to notify such institutions and furnish information on any such students who are in default of the repayment of any loan under the GSL program or who have entered repayment on such a loan after such a default. Revises loan consolidation eligibility standards to include delinquent or defaulted borrowers who will reenter repayment through loan consolidation (if they also meet other conditions for consolidation). Sets forth additional requirements with respect to disbursement of student loans. Requires multiple disbursement of student loans under the GSL program. Requires that any such loan for $1,000 or more for an enrollment period ending more than 180 days or six months after the disbursement date, be disbursed in two or more installments, none of which exceeds one-half of the loan. Requires a minimum interval between the first and second installments. Requires such interval to be at least one-half of the enrollment period, except as necessary to permit disbursement of the second installment at the beginning of the second semester, quarter, or similar division of such enrollment period. Sets forth requirements for the initial disbursement. Requires that the first installment of the proceeds of any GSL program loan to a new student borrower entering the first undergraduate year: (1) be disbursed by check or other negotiable instrument that is payable to and requires the endorsement or other certification by such student (in the manner required under specified GSL provisions for the insurance program agreements to qualify loans for interest subsidies); (2) not be negotiated by the institution until 15 days after the beginning of the enrollment period; and (3) not be negotiated at the end of the enrollment period unless the student continues to be enrolled in good standing at the institution and has received specified loan counseling at an entrance interview conducted by the institution. Prohibits disbursement of loans to any other student more than 30 days before the beginning of the enrollment period. Sets forth requirements for methods of multiple disbursement. Requires the lender or escrow agent to withhold a second or succeeding installment if the borrower has ceased to be enrolled on at least a half-time basis, unless notified by the institution that the disbursement is necessary to cover costs already earned by the institution. Requires the institution to withhold and return to the lender or escrow agent any portion of an installment which exceeds the amount for which the student is eligible. Provides that all loans issued for the same enrollment period shall be considered a single loan for specified purposes. Excludes from such additional disbursement requirements parent (PLUS) loans, consolidation loans, and loans to cover study at an institution outside the United States. Provides for transmittal of institutional disbursement schedules to lenders. Applies such additional disbursement requirements to the GSL and Federally insured student loan (FISL) programs. Directs the Secretary, guaranty agency, eligible lender, or subsequent holder to disclose to credit bureau organizations any information concerning the date a delinquency began and the repayment status of any loan that has been delinquent for 90 days. Requires that the borrower be informed that such organizations will be notified of such delinquency. Requires eligible lenders to include in required disclosures to borrowers before disbursement and before repayment: (1) an explanation of the availability of deferments; and (2) a statement that the borrower should notify the lender of the reasons for any failure to make a payment when it is due. Directs the Secretary to promulgate guidelines for eligible institutions to use to encourage student loan repayment in accordance with GSL program provisions as amended by this Act. Requires such guidelines to include: (1) an explicit delineation of legal restrictions and requirements relating to disclosure of borrower records to third parties, the Fair Debt Collection Practices Act, and any other applicable Federal law; and (2) a model program, including sample letters and telephone contact scripts, in a format for easy copying by institutions. Sets forth requirements for default reduction agreements. Directs the Secretary, within three months of enactment of this Act, to submit to specified congressional committees a plan to establish a comprehensive schedule of program reviews for all eligible institutions, guaranty agencies, and lenders participating in the loan programs authorized under title IV (Student Assistance) of HEA. Requires that such plan be designed to accomplish all such reviews within five years, with priority attention to agencies and institutions experiencing difficulties administering such programs. Requires such plan to include estimates of budgetary and personnel requirements for carrying out such reviews. Prohibits the Secretary from implementing any such plan until 30 days after its submission to such committees. Directs the Secretary, at the end of each fiscal year, to report to such committees on implementation and proposed modifications of the plan. Directs the Secretary, by September 30, 1990, and annually thereafter, to send the Congress an annual default report, including: (1) the annual default rate for each guaranty agency, eligible lender, and higher education institution participating in the GSL program; (2) the annual dollars in default for each such institution, agency, and lender; and (3) the average national cumulative default rate. Directs the Secretary, within 90 days of the publication of each such report, to initiate program reviews at those institutions that fall in the top five percent of: (1) all institutions ranked by annual default rates (excluding institutions with less than 25 GSL program loans outstanding); or (2) all institutions ranked by annual dollars in default (excluding institutions whose annual default rate is less than the average national cumulative default rate of all institutions). Excluding institutions whose annual default rate is less than the average national cumulative default rate of all institutions). Excludes from such rankings, for purposes of identifying institutions required to participate in a default reduction agreement, any institutions which are engaged in such agreements or for which waivers have been granted. Sets forth the required contents of program reviews. Directs the Secretary, within 30 days of completion of the program review, to enter into a negotiated default reduction agreement with the institution, based on review findings. Sets forth conditions which the default reduction agreement may include. Allows waivers of the required default reduction agreement for an institution, if the Secretary determines that compliance with such requirement will not lead to a significant reduction of the institution's annual default rate or annual dollars in default. Limits the duration of such an agreement to three years, and requires at least one evaluation by the Department of Education during such time. Provides for termination of the agreement if, during an interim evaluation, it is determined that the institution no longer would be subject to program review. Directs the Secretary to assess the institution's compliance with the agreement upon its expiration. Provides for an exemption from the requirement of subsequent agreements for up to three years if an institution has fully complied with its most recent agreement and remains in the top five percent of all institutions in annual default rates or annual dollars in default. Directs the Secretary to initiate a limitation, suspension, or termination proceeding with respect to an institution's eligibility to participate in HEA title IV (Student Assistance) programs if it refuses to enter into, or fails substantially to comply with, a default reduction agreement. Prohibits the Secretary from initiating any such proceeding solely on the basis of the default rate of the borrowers who attended any institution (whether or not that institution has been the subject of a program review or default reduction agreement). Directs the Secretary annually to expend specified amounts from the student loan insurance fund for default reduction management activities (in addition to other appropriations made for such purposes). Sets forth activities for which such funds may be used. Directs the Secretary: (1) to submit a plan, to accompany the President's budget for each fiscal year, detailing fund expenditures; and (2) at the conclusion of each fiscal year, to report findings and activities relating to such expenditure of funds to specified congressional committees. Requires that a specified amount of such funds be used to carry out certain HEA provisions for training in financial aid and student support services. Increases and extends through FY 1991 the authorization of appropriations to carry out such training provisions. Makes eligible institutions (in addition to lenders and guaranty agencies) liable under certain civil penalty provisions of part B (the GSL program) of title IV of HEA. Applies such penalties also to repeated violations of such part or regulations prescribed under it (provides that multiple instances of the same servicing error or omission shall not be considered "repeated violations" unless they are not corrected after the lender, institution, or agency knows or should, in the exercise of reasonable care, know that the error or omission is in violation of such provisions). Provides that a lender or guaranty agency shall not be relieved of civil liability because of its cure of the violation, correction of a failure, or its notification of a person who received a substantial misrepresentation of the actual nature of the financial charges involved, if the remedy is made after the Department of Education discovers such violation, failure, or misrepresentation. Authorizes the Secretary, in approving or disapproving an accrediting agency whose accreditation of an institution of higher education will be a condition of the institution's eligibility under the GSL program, to take into account the extent to which such agency: (1) reviews the academic programs and performance of institutions for which a program review is required under default reduction provisions of this Act; and (2) performs inspections and reviews of such institutions, with particular attention to dropout rates and job placement rates as indicators of inadequate counseling and instructional programs and causes of such default rates. Prohibits an institution from being certified or recertified as eligible for the GSL program or other title IV (Student Assistance) programs of HEA if it: (1) has had its accreditation withdrawn, revoked, or otherwise terminated for cause during the preceding 24 months; or (2) has withdrawn from accreditation voluntarily under a show cause or suspension order during such period. Makes such prohibition inapplicable to an institution: (1) whose accreditation has been restored by the same accrediting agency that had accredited it prior to the withdrawal, revocation, or termination; or (2) which has demonstrated its academic integrity to the Secretary's satisfaction, in accordance with specified HEA provisions. Sets forth a restriction on need analysis for parents who are not enrolled in a postsecondary degree or certificate program, under provisions for determining family contributions for dependent students and for independent students with dependents. Authorizes student financial administrators to adjust the cost of attendance for independent students with dependents to include costs of food and shelter for dependent care when such students' income is less than a standard maintenance authority (by providing that such a determination is within the administrators' discretionary power to make necessary adjustments). Revises general need analysis provisions for student assistance programs under HEA to exclude from the term "assets" the net value of: (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. Directs the Secretary, within 60 days after enactment of this Act, to submit to the Congress such recommendations for changes to parts A (Grants to Students in Attendance at Institutions of Higher Education) and F (Need Analysis) of title IV of HEA as may be necessary to achieve an equitable assessment of income and assets after the exclusions of the home, family farm, and small business from the assets. Provides that such changes may include changes in the assets protection allowances, asset conversion rates, and other factors used in the determination of expected family contribution. Sets forth a definition of academic year (current law requires that such term be defined by the Secretary by regulation). Sets forth circumstances under which such term can be defined on a credit hour or clock hour basis. Permits waivers of other criteria regarding length of a course if an eligible institution offering a combination correspondence/residential training program: (1) satisfies all requirements otherwise imposed by the Secretary and the institution's accrediting agency; and (2) has courses which meet the minimum standards, either by clock or credit hours, required for participation in any loan or grant program under title IV of HEA. Revises provisions for admission of students on the basis of their ability to benefit from education or training. Requires that such students meet all of specified criteria (currently they must only meet some of such criteria) in order to remain eligible for student assistance programs under title IV of HEA. Deems tuition and fees "unearned," for refund policy purposes, in proportion to the fraction of the enrollment period remaining at the time the student withdraws. Provides that the institution shall be treated as earning initial administrative expenses at the beginning of such enrollment period, in accordance with regulations prescribed by the Secretary. Requires institutions, under student aid program participating agreements and upon notification from the guarantee agency of a students default, to withhold academic transcripts of student borrowers in default of any HEA title IV loan unless this: (1) will prevent the borrower from obtaining employment and repaying the loan; or (2) would be unjust or improper due to extraordinary circumstances. Prohibits institutions, under student aid program participation agreements, from: (1) using any independent contractor or anyone other than a salaried employee of the institution to conduct any canvassing, surveying, promotion, or similar activities; (2) using any contractor or anyone other than a salaried employee of the institution to make final determinations that an individual meets the institution's admissions requirements or the criteria of eligibility for financial aid; or (3) paying any commission, bonus, or other incentive to any person making such final determination. Authorizes the Secretary to prescribe regulations for the limitation, suspension, or termination of eligibility of an individual or organization to administer any aspect of an institution's student assistance program. Limits such suspensions to 60 days, unless the organization and the Secretary agree to an extension, or unless limitation or termination proceedings are initiated. Directs the Secretary to conduct a study and make recommendations relating to the appropriate actions to take in the event that one or more guaranty agencies become insolvent. Sets forth types of standards, procedures, and steps which the Secretary must examine and make recommendations upon. Directs the Secretary to complete such study within six months after enactment of this Act, and file a report, with recommendations, with specified congressional committees. Prohibits the Secretary from issuing regulations concerning the determination of guaranty agency insolvency and the remedies for such insolvency unless the Congress provides such specific authority upon receipt and consideration of such study. Makes a technical amendment to the Consolidated Omnibus Budget Reconciliation Act of 1985. Sets forth clerical and technical amendments to HEA.
United States · United States Congress · 13 June 1988
Student Default Initiative Act of 1988 - Amends the Higher Education Act of 1965 (the Act) to lower the maximum amount of a Pell Grant for academic years 1989-1990, 1990-1991, and 1991-1992. Eliminates provisions authorizing adjustments in Pell Grant payments when appropriations are insufficient. Authorizes the Secretary of Education (the Secretary), when appropriations are insufficient, to draw funds from subsequent year appropriations for Pell Grants. Revises provisions relating to the period of eligibility for Pell Grants to limit such period to the full-time equivalent of: (1) the number of academic years that the undergraduate degree normally requires, plus one academic year; or (2) six academic years in the case of a degree or certificate program normally requiring more than four academic years. Requires that insurance program agreements to qualify loans for Guaranteed Student Loan (GSL) interest subsidies provide that the lender must promptly notify the borrower (and the last institution the student attended before the beginning of repayment) of: (1) any sale or other transfer of the loan to another holder; and (2) such holder's address and phone number. Requires such agreements to require the guaranty agency to provide preclaims assistance for default prevention. Revises provisions under the Supplemental Loans for Students (SLS) program. Revises the conditions of SLS eligibility of undergraduate dependent students. Requires "exceptional" (rather than "extenuating") circumstances to preclude such a student's parents from borrowing under the parent loan (PLUS loan) program. Requires appropriate documentation that such circumstances exist to be maintained in the institution's records to support such determination. Reduces the amount of an individual's SLS loan eligibility by the amount of such individual's GSL loan eligibility (added to other financial aid). Sets forth additional requirements with respect to disbursement of student loans. Requires multiple disbursement of student loans under part B of title IV of the Act. Requires that any such loan for $1,000 or more for an enrollment period ending more than 180 days or six months after the disbursement date, be disbursed in two or more installments, none of which exceeds one-half of the loan. Requires a minimum interval between the first and second installments. Requires such interval to be at least one-half of the enrollment period, except as necessary to permit disbursement of the second installment at the beginning of the second semester, quarter, or similar division of such enrollment period. Sets forth requirements for the initial disbursement. Prohibits disbursement of the first installment to a new student borrower entering the first undergraduate year until: (1) 30 days after the beginning of the enrollment period; and (2) the institution certifies to the lender that the student continues to be enrolled in good standing at the institution and has received specified loan counseling. Prohibits disbursement of loans to any other student more than 30 days before the beginning of the enrollment period. Sets forth requirements for methods of multiple disbursement. Requires the lender or escrow agent to withhold a second or succeeding installment if the borrower has ceased to be enrolled on at least a half-time basis, unless notified by the institution that the disbursement is necessary to cover costs already earned by the institution. Requires the institution to withhold and return to the lender or escrow agent any portion of an installment which exceeds the amount for which the student is eligible. Provides that all loans issued for the same enrollment period shall be considered a single loan for specified purposes. Excludes from such additional disbursement requirements parent (PLUS) loans, consolidation loans, and loans to cover study at an institution outside the United States. Provides for transmittal of institutional disbursement schedules to lenders. Applies such additional disbursement requirements to the GSL, SLS, and federally insured student loan (FISL) programs. Directs the Secretary, guaranty agency, eligible lender, or subsequent holder to disclose to credit bureau organizations any information concerning the date a delinquency began and the repayment status of any loan that has been delinquent for 90 days. Requires that the borrower be informed that such organizations will be notified of such delinquency. Sets forth requirements for default reduction agreements. Directs the Secretary, by September 30, 1990, and annually thereafter, to send the Congress an annual default report, including: (1) the annual default rate for each guaranty agency, eligible lender, and higher education institution participating in the part B, title IV program; and (2) the annual dollars in default for each such institution. Directs the Secretary or a designated guaranty agency, within 90 days of the publication of each such report, to initiate program reviews at those institutions that fall in the top five percent of: (1) all institutions ranked by annual default rates; or (2) all institutions ranked by annual dollars in default. Sets forth the required contents of program reviews. Directs the Secretary or the designated State guaranty agency, within 30 days of completion of the program review, to enter into a negotiated default reduction agreement with the institution, based on review findings. Sets forth conditions which the default reduction agreement may include. Allows waivers of the required program review or default reduction agreement for an institution if the Secretary determines that compliance with such requirement will not lead to a significant reduction of the institution's annual default rate or annual dollars in default. Limits the duration of such an agreement to three years and requires at least one program review by the Department of Education or the designated State guaranty agency during such time. Provides for termination of the agreement if, during an interim review, it is determined that the institution no longer would be subject to program review. Directs the Secretary or the designated guaranty agency to assess the institution's compliance with the agreement upon its expiration. Provides for an exemption from the requirement of subsequent agreements for up to three years if an institution has fully complied with its most recent agreement and remains in the top five percent of all institutions in annual default rates or annual dollars in default. Directs the Secretary to initiate a limitation, suspension, or termination proceeding with respect to an institution's eligibility to participate in title IV (Student Assistance) programs if it refuses to enter into, or fails substantially to comply with, a default reduction agreement. Prohibits the Secretary from initiating any such proceeding solely on the basis of the default rate of the borrowers at such institution. Directs the Secretary, if the Secretary designates a State guaranty agency to carry out such review and agreement requirements, to enter into a contract and pay such agency reasonable compensation. Excludes institutions engaged in a default reduction agreement from the ranking of institutions by default rates or dollars in default. Directs the Secretary to annually expend specified amounts from the student loan insurance fund for default reduction management activities (in addition to other appropriations made for such purposes). Sets forth activities for which such funds may be used. Directs the Secretary: (1) to submit a plan, to accompany the President's budget for each fiscal year, detailing fund expenditures; and (2) at the conclusion of each fiscal year, to report findings and activities relating to such expenditure of funds to specified congressional committees. Makes eligible institutions (in addition to lenders and guaranty agencies) liable under certain civil penalty provisions of part B of title IV of the Act. Applies such penalties also to repeated violations of such part or regulations prescribed under it. Provides that a lender or guaranty agency shall not be relieved of civil liability because of its cure of the violation, correction of a failure, or its notification of a person who received a substantial misrepresentation of the actual nature of the financial charges involved, if the remedy is made after the Department of Education discovers such violation, failure, or misrepresentation. Repeals: (1) limitations on such civil penalties; and (2) consideration of several violations arising from a specified practice as a single violation. Prohibits an institution from being certified or recertified as eligible for the student loan insurance or other title IV (Student Assistance) programs if it: (1) has had its accreditation withdrawn, revoked, or otherwise terminated for cause during the preceding 24 months; or (2) has withdrawn from accreditation voluntarily under a show cause or suspension order during such period. Sets forth a definition of academic year (current law requires that such term be defined by the Secretary by regulation). Sets forth circumstances under which such term can be defined on a credit hour or clock hour basis. Provides that SLS and GSL loan recipients must have: (1) received a determination of eligibility or ineligibility for a Pell Grant for the relevant period of enrollment; and (2) filed an application for such a grant, if determined to be eligible. Requires, for eligibility for an SLS loan for any period of enrollment, that a student who is not a graduate or professional student must have: (1) received a determination of need for a GSL loan; and (2) applied for such a loan, if determined to have need for it. Revises provisions for admission of students on the basis of their ability to benefit from education or training. Presumes an institution to have established acceptable criteria for such admissions if it annually certifies to the Secretary that its admissions procedures for such students include counseling and a validated test of aptitude to complete the program successfully. Requires an institution to maintain complete records of the admissions criteria used for all students admitted on the basis of ability to benefit. Prohibits the Secretary from promulgating regulations defining such examination or other criteria used by an institution for such purposes. Deems tuition and fees "unearned," for refund policy purposes, in proportion to the fraction of the enrollment period remaining at the time the student withdraws. Provides that the institution shall be treated as earning initial administrative expenses at the beginning of such enrollment period, in accordance with regulations prescribed by the Secretary. Requires institutions, under student aid program participating agreements, to withhold academic transcripts of student borrowers in default on any title IV loan unless this: (1) will prevent the borrower from obtaining employment and repaying the loan; or (2) would be unjust or improper due to extraordinary circumstances. Prohibits institutions, under student aid program participation agreements, from: (1) using any contractor or anyone other than a salaried employee to conduct any activities related to recruiting and admission of students; or (2) paying any commission, bonus, or other incentive to any person engaged in any such activity. Authorizes the Secretary to prescribe regulations for the limitation, suspension, or termination of eligibility of an individual or organization to administer any aspect of an institution's student assistance program. Limits such suspensions to 60 days, unless the organization and the Secretary agree to an extension, or unless limitation or termination proceedings are initiated.
United States · United States Congress · 12 May 1988
Amends the United States Institute of Peace Act to extend the authorization of appropriations for the United States Institute of Peace through FY 1991. Authorizes the Institute to establish the Jeanette Rankin Library Program. Specifies that such program shall include an oral history collection and other projects supportive of scholarship and research in the broad area of international peace and conflict management.
United States · United States Congress · 12 May 1988
Designates the period of July 25 through July 31, 1988, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1988, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 11 May 1988
Amends the Education Amendments of 1980 to extend through FY 1991 the authorization of appropriations for the Robert A. Taft Institute of Government, in New York, New York.
United States · United States Congress · 3 May 1988
Amends the Higher Education Act of 1965 to remove the exemptions for Supplemental Loans for Students (SLS loans) from certain eligibility requirements under title IV (Student Assistance) of such Act. Applies special rules for multiple disbursement to SLS loans. Requires applicants for SLS loans to have: (1) received a determination of eligibility or ineligibility for a Pell Grant; or (2) filed a Pell Grant application and received a preliminary determination of eligibility or ineligibility.
United States · United States Congress · 19 April 1988
Amends the Library Services and Construction Act to extend through FY 1989 the authorization of appropriations for grants under title V (Foreign Language Materials Acquisition) and title VI (Library Literacy Programs) of such Act.
United States · United States Congress · 13 April 1988
Amends the Bank Holding Company Act of 1956 to treat as a bank holding company (and thus subject to prohibitions with respect to equity interests in nonbanking organizations) any company that owns a grandfathered nonbank bank if: (1) the company's consolidated assets are at least 50 percent devoted to financial services and more than ten percent devoted to insured banks; and (2) the company acquires control, after March 28, 1988, of more than five percent of the stock of a company not primarily devoted to financial services activities. Prohibits any foreign bank holding company from acquiring, after March 30, 1988, any stock of a company that is in the process of acquiring at least 25 percent of any class of shares of a U.S. company if: (1) the U.S. company engages in activities other than those permissible for a U.S. bank holding company or a nonbanking subsidiary thereof; and (2) the acquisition of the U.S. company shares results from a tender offer by a person acquiring more than five percent of the class of securities in question. Requires foreign bank holding companies to divest themselves of any shares acquired on or before March 30, 1988, that fall within the described prohibition.
United States · United States Congress · 30 March 1988
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 17 March 1988
Amends the Tax Reform Act of 1986 to create a special rule for the income tax treatment of amounts received, but not as an annuity, under an annuity, endowment, or life insurance contract in connection with certain State plans permitting employee withdrawals of their contributions.
United States · United States Congress · 16 March 1988
Amends the Commercial Motor Vehicle Safety Act of 1986 to declare that its requirements do not apply to: (1) motor vehicles registered for farm use which are driven less than 15,000 miles per year; or (2) motor vehicles used solely for fire fighting purposes.
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
![Official portrait of Rep. Gaydos, Joseph M. [D-PA-20]](https://www.congress.gov/img/member/g000105_200.jpg)