United States · United States Congress · 2 May 1989
Designates September 8, 1989, as National Pledge of Allegiance Day. Expresses the sense of the Congress that the Christopher Columbus Quincentenary Jubilee Commission should include the centennial observance of the Pledge of Allegiance in its commemorative activities.
United States · United States Congress · 26 April 1989
Expresses the sense of the House of Representatives that an increase in estate taxes or the imposition of a capital gains tax at death would, by virtue of negative effects on family farms and family businesses, do more damage to the U.S. economy than the increased revenue would justify.
United States · United States Congress · 13 April 1989
United States Peace Tax Fund Act - Amends the Internal Revenue Code to establish in the Treasury the United States Peace Tax Fund (Fund) to receive payments designated on the tax returns of qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires that each publication of general instructions accompanying income tax returns include specified information about the Fund, including the purposes of the Fund and the criteria governing one's eligibility to designate tax payments for it. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1990 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary of the Treasury. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to distribute funds for eligible nonmilitary activities and research. Directs the Board to publish regulations to govern applications for funds. Authorizes appropriations.
United States · United States Congress · 13 April 1989
Expresses the sense of the Congress that: (1) the United States should pursue the establishment of a Pacific Basin forum for the discussion of economic, diplomatic, and other issues unique to the Pacific Basin region; (2) the United States should encourage an exchange of proposals to promote free trade and economic development and reduce military tensions in the region; and (3) the President should call for an annual summit meeting with the leaders of key Pacific Rim nations.
United States · United States Congress · 6 April 1989
Missing Service Personnel Act of 1989 - Requires the responsible uniformed service commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary of the uniformed service in which a missing person serves to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
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
Refugee Guaranteed Loan Act - Directs the Secretary of State to establish a guaranteed loan program (modeled on the higher education student loan program) for specified refugees and other admissible persons. Authorizes visa and passport fee increases to fund such program. Authorizes program appropriations.
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
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
Designates the week beginning September 1, 1989, as World War II Remembrance Week in commemoration of the 50th anniversary of the outbreak of that War.
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
Requires the President to award the Legion of Merit to any member of the armed forces who has received three or more Purple Hearts. Directs the President, within two years of enactment of this Act, to award the Legion of Merit to any person who, between September 8, 1939, and the date of enactment of this Act, has received three or more Purple Hearts. Provides that if any such person dies before the award of the Legion of Merit, such award may be presented to the representative of such person, as designated by the President.
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 · 16 March 1989
Acid Deposition Control Act of 1989 - Title I: Stationary Sources - Amends the Clean Air Act to require each Governor to submit to the Administrator of the Environmental Protection Agency for approval a two-phased plan establishing emission limitations and compliance schedules for sulfur dioxide and oxides of nitrogen emissions from fossil fuel fired electric utility steam generating units in the State. Requires reductions in sulfur dioxide emissions by 1994 (phase I) and reductions in oxides of nitrogen and further reductions in sulfur dioxide by 1998 (phase II). Directs each Governor to submit to the Administrator for approval an emissions limitations plan for such units, other than electric utilities' units, requiring both sulfur dioxide and oxides of nitrogen emissions reductions by 1998. Requires the Administrator to conduct and update an annual inventory of sulfur dioxide and oxides of nitrogen emissions from stationary sources. Directs the Administrator to identify the total statewide potential reductions in such emissions and to transmit such information to the State. Requires each Governor to submit to the Administrator a plan for establishing emission limitations from stationary sources of industrial process emissions to achieve such State's potential reductions by 1998. Requires the Administrator to study and report to the Congress by June 30, 1994, on the reductions achieved during phase I, granting the Congress an opportunity to legislate by the start of 1995 against the implementation of phase II. Grants States an opportunity to modify disapproved plans. Establishes emissions standards and Administrator-promulgated plans for States without an approved plan. Requires units in such States to submit a compliance plan and schedule to the Administrator. Directs the Administrator to impose fees on the generation and importation of electric energy if a utility is eligible for Federal subsidies to cover rate increases attributable to emission reduction requirements. Limits such fee to a maximum of 1/2 mill per kilowatt hour and makes it inapplicable to the generation of electric energy within the United States by hydroelectric or nuclear power. Prohibits the application of such fees after December 31, 1997. Prescribes civil penalties for violations in connection with such fees. Establishes the Acid Deposition Control Fund to provide for subsidies to electric utilities to cover rate increases attributable to emission reduction requirements. Prohibits the payments of subsidies to any utility, unless the State's Governor has assured that such rate increases are: (1) equivalent for residential electric utility ratepayers throughout the State; and (2) made level over the period during which such requirements are in effect. Prohibits costs for any technological system of emission reduction from being attributed to such requirements, unless such system meets specified conditions. Authorizes the Administrator to provide financial assistance to the owners or operators of stationary sources to promote the use of innovative technologies to control sulfur dioxide, nitrogen oxides, and other emissions from fossil fuels covered under the Clean Air Act. Sets forth eligibility and evaluation requirements. Allows State plans to provide for the use of innovative technology if contingent emission limitations are included in such plans. Authorizes the Administrator to impose fees on the generation of electric energy in such States to promote the use of innovative technologies. Prescribes civil penalties for violations in connection with such fees. Directs the Administrator to revise standards for emissions of nitrogen oxides for electric utility steam generating units burning bituminous or subbituminous coal. Requires the Administrator to promulgate standards for such emissions from nonelectric utility units which are new sources over a certain capacity. Title II: Emissions from Mobile Sources - Establishes emission standards for: (1) oxides of nitrogen from passenger cars and trucks manufactured after model year 1990; and (2) hydrocarbons from trucks manufactured after model year 1991. Directs the Administrator to promulgate regulations setting a maximum percentage for the sulfur content of motor vehicle diesel fuel. Prohibits any manufacturer or processor of diesel fuel from selling or introducing into commerce any fuel not in compliance with such regulations after January 1, 1991. Directs the Administrator to promulgate regulations to require the use of either hydrocarbon control technology by motor vehicles manufactured after model year 1991, or gasoline vapor recovery of hydrocarbon emissions emanating from the fueling of motor vehicles, or both.
United States · United States Congress · 15 March 1989
Waste Reduction Act - Makes it the national policy to reduce or prevent pollution at its source whenever feasible. Directs the Administrator of the Environmental Protection Agency (EPA) to establish an office within the EPA which will be independent of the EPA's single-medium program offices and have the authority to review and advise such offices on their activities to promote a multi-media approach to source reduction. Directs the Administrator to develop and implement a strategy to promote source reduction. Identifies several review, coordination, outreach, and organizational actions that the Administrator must take as part of such strategy. Requires the Administrator to: (1) make matching grants to States for programs promoting the use of source reduction techniques by businesses; and (2) establish a Source Reduction Clearinghouse to compile information generated by States receiving grants on management, technical, and operational approaches to source reduction. Requires that such information be made available to the public. Requires filings of annual toxic chemical release forms required under the Superfund Amendments and Reauthorization Act of 1986 to include toxic chemical source reduction and recycling reports for toxic chemicals which are the subject of such filings. Includes in such reports information, on a facility-by-facility basis, as to: (1) the amounts and disposition of each toxic chemical; (2) the source reduction practices used with respect to such chemicals; (3) measurements of changes from past to anticipated levels of chemical reduction and recycling; and (4) the techniques used to identify source reduction opportunities. Makes such information available to the public. Directs the Administrator to report to the Congress within one year of this Act's enactment and biennially thereafter on the results of actions taken to implement source reduction strategies. Authorizes appropriations.
United States · United States Congress · 8 March 1989
Palau Compact of Free Association Implementation Act - Authorizes the entry into force of the Compact of Free Association between the United States and Palau (the Compact), subject to its approval by referendum. Directs the President to negotiate: (1) an agreement with the Government of Palau to provide assistance for maintaining offices of public auditor and special prosecutor; (2) an agreement regarding responses to an audit by the Comptroller General of the United States or the Secretary of the Interior; and (3) an agreement providing for the Palau Government to provide current information regarding its national development plan under the Compact. Directs the National Drug Policy Board to develop a plan for an anti-drug program in Palau. Requires the President to negotiate an agreement with Palau to implement such plan. Prohibits using funds appropriated for assistance to Palau to satisfy any obligation or expense incurred by Palau prior to November 14, 1986, with respect to contracts or debts related to electrical generating plants or related facilities which have not been specifically authorized by the Congress in advance, with exceptions. Directs the Secretary to: (1) provide assistance for the development and promulgation of regulations regarding expenditures, upon Palau's request; (2) provide such sums as may be necessary for a further referendum on the Compact or other costs of approval; and (3) submit a report on the range and cost of options for upgrading the Koror hospital. States that the United States will consider requests for additional financial assistance for medical facility construction based on such report. Directs the chief officer of any agency conducting annual audits of assistance provided to the Federated States of Micronesia and the Marshall Islands to certify such audits. Declares that the Compact does not restrict the President from requesting additional funding or consenting to an extension concerning the use by the United States of privately owned lands in Palau as defense sites. Directs the Secretary to submit a report on the condition of the Palau prison. States that the United States will consider requests for additional financial assistance to meet the need for prison construction based on such report. Directs the Secretary to station at least one professional staff person in each of the offices of the U.S. in Palau, Micronesia, and the Marshall Islands to provide Federal program coordination and assistance. Authorizes appropriations. Approves specified agreements between the United States and the Marshall Islands, Micronesia, and Palau. Provides for continuing availability of unobligated balances of funds provided to Palau. Authorizes the President to negotiate an agreement with the Government of Palau which shall provide the following: (1) $28,000,000 shall be provided to Palau in FY 1989; (2) Palau shall pay to the United States, on or before the 15th anniversary of the effective date of the Compact, the net economic costs of providing such funds; and (3) automatic payment to the United States if Palau has not paid such amount by the 15th anniversary of the effective date of the Compact. Amends the Act approving the Compact to provide that the authorizations for transition purposes shall decline over the first through third fiscal years after the Compact's effective date (under current law, FY 1987 through 1989).
United States · United States Congress · 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 · 7 March 1989
Immigration Exclusion and Deportation Amendments of 1989 - Amends the Immigration and Nationality Act to make only the following classes of aliens ineligible to receive visas for admission into the United States: (1) any alien with a communicable disease of public health significance; (2) any alien with a record of recent physical or mental disorder that poses a threat to property or safety; (3) any alien with a drug addiction; (4) any alien convicted of a crime involving moral turpitude, with specified exceptions; (5) any alien convicted of specified drug violations or involved in drug trafficking; (6) any alien who has engaged in prostitution, or procurement of prostitutes, within ten years of the date of application for U.S. entry; (7) any alien likely to be a security risk; (8) any alien who has engaged in terrorist activity or likely to engage in such activity; (9) any alien whose entry would endanger the lives or property of U.S. citizens living abroad; (10) any alien whose entry would convey the impression of U.S. support for a government or group that the United States does not recognize or support, or whose entry would have a serious negative effect on U.S. diplomatic relations; (11) any alien who participated in Nazi persecutions; (12) any alien who is likely to become a public charge, with admission on bond at the discretion of the Attorney General; (13) any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor, with specified exceptions (teaching, postgraduate research, and science or arts), or in situations of insufficient U.S. workers; (14) any alien who is a graduate of a medical school not accredited by a body approved for such purpose by the Secretary of Education, with certain exceptions; (15) any excluded or deported alien who seeks readmission within five years of the event, unless such readmission is consented to by the Attorney General; (16) any alien seeking to enter the United States by fraud or the willful misrepresentation of a material fact; (17) any stowaway alien; (18) any alien who aids any other alien in illegal entry; (19) any immigrant not in possession of a valid immigrant visa and passport at the time of admission; (20) any nonimmigrant without a valid passport authorizing the alien to return to the country from which he or she came or without a valid nonimmigrant visa or border crossing card (provides for a Guam visa waiver for up to 15-day pleasure or business entries); and (21) any alien ineligible for U.S. citizenship, including a person who left or remained outside the United States to avoid U.S. military service in time of war or national emergency. Repeals the ideological grounds for exclusion. Directs the Attorney General and the Secretary of State to jointly develop guidelines for the review of exclusion lists and other mechanisms used to screen alien visa applicants. Requires the Attorney General and the Secretary to report jointly to the appropriate committees regarding the development of such guidelines (within one year) and the results of the review of such alien lists (within two years). Makes deportable by the Attorney General only those aliens within one of the following classes: (1) any alien who at the time of entry was within one or more of the classes of aliens excludable by then existing law; (2) any alien entering the United States without inspection or at a time and place other than as designated by the Attorney General; (3) any alien admitted as a nonimmigrant who has failed to maintain such status; (4) any alien admitted as a temporary agricultural worker (H-2A visa) whose status has been terminated (with family hardship exceptions); (5) any alien who within five years of entry knowingly and for gain has aided another alien to illegally enter the United States; (6) any alien admitted as an additional special agricultural worker who fails to show the necessary number of seasonal work days; (7) any alien who gained U.S. entry through marriage fraud; (8) any alien convicted of a crime involving moral turpitude committed within five years from the date of entry and who is either sentenced or confined for a term of one year or longer; (9) any alien who at any time after entry is convicted of two or more crimes involving moral turpitude; (10) any alien who at any time after entry is convicted of a violation of certain drug laws; (11) any alien who is a drug abuser or addict; (12) any alien who at any time after entry is convicted under weapons-possession laws; (13) any alien who at any time is convicted on any of various specified loyalty laws (e.g. sabotage, treason and sedition, selective service, etc.); (14) any alien who fails to comply with alien registration laws or foreign agent registration laws; (15) any alien convicted of fraud or misuse of visas or other entry documents; (16) any alien engaging in activity which endangers the public safety or national security, including terrorist activity; (17) any alien who within five years after entry has become a public charge; (18) any alien who participated in Nazi persecutions; (19) any alien whose presence could endanger the lives or property of U.S. citizens living abroad; or (20) any alien whose presence could convey the impression of U.S. support for a government or group that the United States does not recognize or support, or whose presence could have a serious negative effect on U.S. diplomatic relations.
United States · United States Congress · 7 March 1989
Designates April 16, 1989, the 87th birthday of Rabbi Menachem Mendel Schneerson, as Education Day, U.S.A. Calls on heads of state of the world to join the President of the United States in this tribute by signing scrolls of honor commemorating the 40th anniversary of Schneerson's leadership of the Lubavitch movement. Welcomes the cooperation of the Department of State in extending the good office of the U.S. missions to the Lubavitcher emissaries.
United States · United States Congress · 7 March 1989
Requires the Architect of the Capitol to establish and implement a voluntary program for recycling paper disposed of in the operation of the House of Representatives.
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
National Biological Diversity Conservation and Environmental Research Act - States that the conservation of biological diversity is a national priority. Requires Federal actions to be consistent with such goal. Amends the National Environmental Policy Act of 1969 to require that environmental impact statements on proposed Federal actions include any impacts on biological diversity. Requires Federal agencies to conduct annual reviews of their programs for consistency with the conservation of biological diversity pursuant to this Act and to report the results of such reviews to the President, the Council on Environmental Quality, and the Congress. Sets forth requirements for programs found to be inconsistent with this Act. Directs the President's Council on Environmental Quality to: (1) establish guidelines for consideration of biological diversity in the preparation of environmental impact statements; and (2) identify those biotic communities, species, and populations that appear to be in decline, in imminent danger of loss of viability, or otherwise of special concern. Directs the Administrator of the Environmental Protection Agency to review and comment on the adequacy of each environmental impact statement prepared under the National Environmental Policy Act of 1969 in assessing biological diversity impacts. Establishes a National Center for Biological Diversity and Conservation Research (Center) responsible for: (1) coordinating the collection of data pertaining to the national biota and supplementing and disseminating such information; (2) arranging and conducting surveys and supplementary research of the national biota; and (3) enhancing the application of biological data to the conservation of biological diversity. Establishes an Interagency Working Committee on Biological Diversity responsible for preparing a coordinated Federal strategy (Strategy) for conservation of biological diversity. Dissolves the Committee two years after this Act's enactment. Sets forth the required contents of such strategy and reporting requirements. Authorizes each agency represented on the Interagency Committee to provide grants to public agencies, private individuals, and organizations for projects to maintain or restore biological diversity. Requires that such grants be matched on at least an equal basis by the grantee, except when the grantee is a State or where the grant is provided for research. Directs each agency represented on the Interagency Committee to: (1) give high priority to research and personnel training directed towards implementation of the Strategy; and (2) assess the adequacy of its environmental research and training programs. Establishes, on a permanent basis, a National Scientific Advisory Committee on Biological Diversity which shall: (1) oversee the implementation of the Strategy; (2) advise the Interagency Committee and Federal agencies in the preparation and implementation of the Strategy; (3) assist in the coordination of interaction between Interagency Committee agencies and the Center; (4) assist in the evaluation of the impacts of proposed Federal activities on biological diversity; (5) assist in the review of Federal programs for consistency with the conservation of biological diversity and the adequacy of such programs in environmental research and training; and (6) serve as a general reference and advisory resource for the Nation in matters relating to conservation of biological diversity. Authorizes appropriations for the activities of the Center and the grant program for FY 1990 through 1992.
United States · United States Congress · 2 March 1989
States that the United States should pursue the establishment of an International Criminal Court to assist in more effectively dealing with those acts of terrorism, drug trafficking, genocide, and torture that are criminal acts under international conventions. Calls for due process, a fair trial, and impartial judges in such a court. Urges the President to explore convening an international conference to pursue negotiation of a multilateral convention establishing such a court and calls for a report on progress made by the end of 1990. Calls on the Judicial Conference of the United States to report to the Congress by the end of 1990 on the feasibility of such a court.
United States · United States Congress · 28 February 1989
Amends the Water Resources Development Act of 1986 to change the non-Federal share of costs for municipal water supply for flood control projects from 100 percent to 35 percent.
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 · 22 February 1989
Hate Crime Statistics Act - Directs the Attorney General to include within the Uniform Crime Reports for calendar years 1991 through 1995 the incidence of criminal acts that manifest prejudice based on race, religion, homosexuality or heterosexuality, or ethnicity. States that nothing in this Act creates a right for an individual to bring an action complaining of discrimination based on homosexuality. Requires the Attorney General to publish an annual summary of the data acquired under this Act. 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.
United States · United States Congress · 9 February 1989
Family Planning Reauthorization Act of 1989 - Amends the Public Health Service Act to authorize appropriations for FY 1990 through 1993 for projects, training, and information and materials related to family planning.
United States · United States Congress · 9 February 1989
Postal Reorganization Act Amendments of 1989 - 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 be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.
United States · United States Congress · 9 February 1989
Authorizes the Secretary of the Interior to provide for a trails interpretation center in Council Bluffs, Iowa, to interpret the history of development and use in the State of Iowa and the adjacent region of the Lewis and Clark National Historic Trail, the Mormon Pioneer National Historic Trail, and the Oregon National Historic Trail. Prohibits the Federal share of the costs for planning, acquisition, and development of such center from exceeding 80 percent of such costs or $10,000,000, whichever is less.
United States · United States Congress · 9 February 1989
Ban Nuclear Power in Earth Orbit Act - Expresses the sense of the Congress encouraging the President to call on the Soviet Union to abandon the use of nuclear power sources in Earth orbit and to join the United States in negotiation to establish a permanent ban on such use. Directs the President to certify to the Congress at least 90 days after this Act's enactment whether the Soviet Union has indicated an official policy to abandon the use of nuclear power sources in Earth orbit. Prohibits the launch into Earth orbit of any U.S. owned or funded spacecraft if the President certifies the Soviet Union's policy to abandon the use in question. Terminates the prohibition if the Soviet Union places a nuclear power source into Earth orbit after indicating its official policy not to do so. Declares that this Act does not prohibit the use of nuclear power sources for a Moon base or for deep space scientific and exploration missions.
United States · United States Congress · 9 February 1989
Comprehensive Lyme Disease Act of 1989 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants with respect to Lyme disease: (1) through the Director of the National Institutes of Health, for research and treatment; and (2) through the Director of the Centers for Disease Control, for public education. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 9 February 1989
Peace Corps Volunteer Education Demonstration Program Act - Authorizes the Director of the Peace Corps to carry out a training and educational benefits demonstration program. Makes eligible for program participation any student at an institution of higher education who: (1) has completed at least two years of satisfactory study and is enrolled in a bachelor-degree program of at least four years; (2) agrees to serve at least three years in the Peace Corps; and (3) is selected in a competitive process. Requires selection procedures to include special consideration for traditionally underserved groups of students and students who will specialize in courses in areas in which the Peace Corps has special need. Requires the Director to carry out a training program under which participants receive appropriate training for their Peace Corps work as part of their course of study. Makes participants eligible for educational benefits to cover attendance costs during their remaining two years of study. Requires repayment of such benefits if the individual fails to complete three years of Peace Corps service. Directs the Secretary of Education to evaluate and report on such program to the President and the Congress by October 31, 1994. Authorizes appropriations for FY 1990 through 1995.