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![Official portrait of Sen. Riegle, Donald W., Jr. [D-MI]](https://www.congress.gov/img/member/r000249_200.jpg)
United States · Official source
4,376 records where Sen. Riegle, Donald W., Jr. [D-MI] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 18 April 1989
Declares that it is a shared responsibility of both the public and private sectors at the Federal, State, and local levels to take the necessary steps to remove existing barriers to access to quality health care for every child and pregnant woman.
United States · United States Congress · 13 April 1989
Agricultural Nitrogen Education and Management Act of 1989 - Directs the Secretary of Agriculture to establish an Agricultural Nitrogen Best Management Practices Task Force to: (1) develop agricultural best management practices for agricultural nitrogen utilization; (2) develop and disseminate related educational and training materials; and (3) report to the Congress with regard to such efforts. Authorizes appropriations. Amends the Federal Water Pollution Control Act to make certain nonpoint source management reports available to the Task Force.
United States · United States Congress · 13 April 1989
Medicaid Home and Community Care Options Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to permit States to provide Medicaid coverage of home and community care for functionally disabled elderly individuals. Defines a functional disability as Alzheimer's disease or the inability, due to physical or cognitive impairment, to perform at least two daily living activities. Defines a covered community care setting as a nonresidential setting or a residential setting in which more than two unrelated adults reside and personal services are provided. Requires that home and community care be provided to each client in accordance with an individual community care plan (ICCP) prepared and periodically reviewed and revised by a case manager on the basis of a comprehensive functional assessment of a client's needs conducted by an interdisciplinary team before his or her receipt of care and at least annually thereafter. Sets a ceiling on Medicaid payments to States for home and community care. Reduces Federal Medicaid payments to States that reduce their Medicaid home and community care expenditures below their FY 1989 expenditures for such care. Requires that such care meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and the quality of such care. Makes the requirements imposed on nursing facilities regarding patient's rights and facility safety and sanitation applicable to settings in which home or community care is provided. Requires that community care settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a community care setting repeatedly found to have provided substandard care. Makes the: (1) Secretary responsible for certifying that State home or community care providers and settings comply with Medicaid requirements; and (2) States responsible for certifying that other home or community care providers and settings comply with Medicaid requirements. Requires that providers and settings be certified annually. Bases community care setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of community care settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of a provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed. Requires States and the Secretary to investigate complaints against community care providers or settings concerning violations of this Act's requirements. Requires each State to provide, through the State agency responsible for the certification of such providers and settings, for the receipt, review, and investigation of allegations of client neglect and abuse, and of misappropriation of client property by providers. Requires that: (1) certain information regarding home or community care providers and settings and their compliance with this Act's requirements be made available to the public; and (2) State Medicaid fraud and abuse control units be given access to provider or setting survey and certification information. Authorizes the Secretary or States to terminate a home or community care provider's participation in the Medicaid program and to impose a civil monetary penalty for failure to meet this Act's requirements. Sets forth the Secretary's responsibilities relating to home and community care requirements. Requires that State Medicaid payment rates for home and community care be reasonable and adequate to meet the costs of providing such care efficiently, and in accordance with applicable laws, regulations, and standards. Prohibits the coverage of civil monetary penalties imposed against providers of home and community care.
United States · United States Congress · 13 April 1989
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 - Title I: Purpose - Sets forth the purposes of this Act. Title II: Federal Deposit Insurance Corporation Authorities and Responsibilities - Amends the Federal Deposit Insurance Act to require the Federal Deposit Insurance Corporation (FDIC) to insure deposits held at savings associations. Increases the membership of the FDIC's Board of Directors from three to five members, one of whom shall be the Chairman of the Office of Savings Associations (a position established by this Act). Outlines the treatment of certain insured accounts held by savings associations covered by this Act. Declares the Chairman of the Office of Savings Associations to be the appropriate Federal banking agency for cases involving a savings association or a savings and loan holding company. Includes within the insurance purview of this Act all savings associations accounts insured by the Federal Savings and Loan Insurance Corporation (FSLIC) immediately before enactment of this Act. Requires the appropriate Federal banking agency to submit for FDIC comment any application by a financial institution to commence or resume the business of banking. States that a State financial institution resulting from the conversion of an insured Federal financial institution shall continue as an insured financial institution. Outlines the procedure under which Federal savings associations may apply for insured status. Establishes an insurance fee to be paid to the FDIC by noninsured financial institutions which become FDIC-insured. Requires that such fee be credited to either the Bank Insurance Fund (BIF) or to the Savings Association Insurance Fund (SAIF). Prohibits any insured financial institution from participating in any conversion transaction which would result in a change of membership from one such Fund to the other without prior FDIC consent. Cites circumstances under which the FDIC may provide such consent. Prescribes guidelines for the imposition by the FDIC of exit and entry fees to prevent the dilution of either BIF or SAIF as the result of an approved conversion transaction. Provides that whenever the FDIC incurs a loss related to the default or threatened default of an insured financial institution, any other commonly-controlled insured financial institution is liable to the FDIC and must reimburse it upon request. Sets forth compensation and loss review guidelines. Imposes a five-year moratorium during which BIF and SAIF members are not liable to the FDIC for default-related losses caused by the other Fund's members. Includes among insurability factors to be considered by the FDIC when evaluating applications for insurance coverage the risk presented to either the BIF or the SAIF. Authorizes the FDIC to require insured financial institutions to file additional reports for insurance purposes. Directs the FDIC to set annual assessment rates for insured financial institutions. Mandates that the rates for BIF members be set independently from those for SAIF members. Prescribes an assessment rating scheme. Grants the FDIC the same power to examine State savings associations and insured savings associations for insurance purposes as it presently possesses with respect to insured banks. Establishes the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF) whose funds may not be commingled. Dissolves the Permanent Insurance Fund and transfers its assets and liabilities to the BIF. Mandates deposit into the BIF of all assessments due from BIF members. Makes similar provisions for amounts assessed of SAIF members, with the exception of certain assessments required for the Financing Corporation or the Resolution Funding Corporation. Prohibits SAIF assessments from being provided to the FSLIC Resolution Fund after a specified date. Directs the Secretary of the Treasury (the Secretary) to make payments to the SAIF according to a prescribed payment schedule until its reserve ratio reaches a designated ceiling. Requires the Secretary to make additional payments to the SAIF to ensure that its minimum statutory net worth is met. Authorizes appropriations without fiscal year limitations for such purpose. Declares that funds borrowed by the FDIC for SAIF use shall be a direct liability of the SAIF, and subject to certain limitations. Revises the authorities granted the FDIC as receiver or conservator of a financial institution in default. Confers upon the FDIC all receivership powers previously held by the FSLIC. Revises the receivership powers granted the FDIC with respect to Federal and State financial institutions. Provides that if the Chairman of the Office of Savings Associations appoints a conservator or receiver under the Home Owners' Loan Act of 1933 with respect to a savings association, the Resolution Trust Corporation shall be appointed for a three year period following enactment of this Act and the FDIC shall be appointed thereafter. Grants the FDIC the power to appoint itself as sole conservator or receiver of a State savings association if either the FDIC or the Resolution Trust Corporation makes specified determinations. Mandates that all payments of insured deposits made by the FDIC on account of either a BIF member or a SAIF member shall be made only from the member's Fund. Revises the FDIC's subrogation rights to include insurance payments made to depositors of all financial institutions within its purview (currently, such rights apply only to national banks). Revises the operating guidelines for bridge banks to include within their purview failed savings financial institutions. Establishes a claims valuation and review scheme for creditors of a defaulting financial institution who are not its insured depositors. Establishes the FSLIC Resolution Fund to be separately managed and maintained by the FDIC and not commingled. Transfers all FSLIC assets and liabilities exclusively to the Fund, and precludes their consolidation with either the BIF, the SAIF, or the FDIC. Sets forth a prioritized funding scheme. Provides for backup funding from the Treasury in the event that such prioritized scheme is insufficient to satisfy the Fund's liabilities. Limits any judgment resulting from certain FSLIC-related transactions to the assets of the FSLIC Resolution Fund. Dissolves the Fund upon satisfaction of all debts and liabilities and the sale of all assets acquired in case resolutions. Requires that any remaining funds be covered into the Treasury. Directs the FDIC to report annually to the Congress and the President regarding the Fund's financial status. Mandates an annual Fund audit. Outlines a secondary reserve scheme to be available to the FDIC only to the extent that the FSLIC Resolution Fund is insufficient to cover FDIC losses. Mandates that the funds held in the BIF, the SAIF, or the FSLIC Resolution Fund be invested in U.S. or federally-guaranteed obligations. Mandates that legal proceedings to which the FDIC becomes a party due to the exercise of its authorities be held in abeyance for a designated period upon FDIC request. Directs the FDIC, when calculating the cost of assistance to insured financial institutions in default to include: (1) its immediate, long-term, and contingent liabilities; and (2) Federal tax revenues which would be foregone. States that the transfer of any assets or liabilities associated with any trust business of an insured financial institution in default is effective without State or Federal approval. Requires that assistance payments made to insured financial institutions in default be made: (1) from the BIF in case of payments made to such Fund's member; or (2) from the SAIF or the Resolution Trust Corporation in the case of SAIF members. Revises the guidelines for FDIC-assisted emergency interstate acquisitions. Prescribes guidelines for FDIC authorization of mergers, consolidations, transfers, and acquisitions of savings associations in default by other savings associations or insured banks. Increases the borrowing authority of the FDIC and authorizes its use for either the BIF or the SAIF. Restricts the State and local tax liability of the FDIC by virtue of its role as receiver or conservator of an insured financial institution in default. Precludes the FDIC from incurring a financial liability under a guarantee or obligation with respect to either the BIF or the SAIF if the estimated cost of it would reduce the net worth of the respective Insurance Fund to less than zero. Subjects the Corporation's borrowing authority to the approval of the Secretary of the Treasury. Pledges the full faith and credit of the United States with respect to all liabilities incurred by the BIF and the SAIF. Requires the FDIC to make: (1) annual status reports to the Congress regarding the BIF, the SAIF, and the FSLIC Resolution Fund; (2) quarterly fiscal reports to the Secretary of the Treasury regarding its financial operations and forecasts; (3) a risk-based premium assessment report to the Congress by a specified deadline; and (4) recommendations to the Congress regarding deposit insurance pass-through options. Requires signs displayed by an insured financial institution to represent whether it is a BIF or a SAIF member. Requires: (1) prior FDIC written approval of a merger transaction if the acquiring, assuming, or resulting bank is to be a State nonmember insured bank (with specified exceptions); and (2) prior written approval of the Chairman of the Office of Savings Associations if the acquiring, assuming, or resulting institution (in a merger transaction) is to be a savings association. Requires an insured State financial institution to obtain prior FDIC consent before retiring or reducing its capital assets or liabilities (with specified exceptions). Subjects the activities of insured savings associations and their subsidiaries to the jurisdiction and oversight powers of the FDIC and the Chairman of the Office of Savings Associations. Authorizes the FDIC to determine whether such activities are incompatible with deposit insurance. Precludes certain unidentifiable intangible assets from being included in a financial institution's capital compliance calculations. Prescribes guidelines under which the investment activities of State-chartered savings associations must either conform to investment activities of federally-chartered savings associations or obtain FDIC approval. Sets forth guidelines under which insured financial institutions may make loans secured by real property. Includes State savings associations within the FDIC's non-discrimination policy. Title III: Chairman of the Office of Savings Associations - Amends the Home Owners' Loan Act of 1933 to grant the Chairman of the Office of Savings Association (COSA) general supervisory powers over the operation and regulation of savings associations. Directs the Chairman to prescribe uniform savings association accounting and disclosure standards which incorporate the same principles used to determine which compliance with the rules and regulations issued by Federal banking agencies. Mandates that the standards governing savings associations' operations be at least as stringent as those of the Office of the Comptroller of the Currency. Prohibits savings associations from participating in lottery-related activities. Sets guidelines under which a savings association may override State usury laws. Establishes an Office of Savings Associations in the Department of the Treasury. Terminates the Federal Home Loan Bank Board and transfers its powers and authorities to the Chairman. Reserves for the Chairman those functions of the Federal Home Loan Bank Board and its Chairman which have not been expressly transferred to either the FDIC, the Resolution Trust Corporation, or the Federal Home Loan Bank Agency. Requires the Chairman of the Federal Home Loan Bank System to report annually to the Congress, and to send it copies of certain communications with the President and the Office of Management and Budget. Directs the Chairman to prescribe liquidity regulations governing the amount of assets which savings associations and Federal Home Loan Bank members must maintain. Authorizes the Chairman to: (1) assess a penalty for noncompliance with liquidity requirements; and (2) reduce or suspend liquidity requirements under specified circumstances. Empowers the Chairman to issue charters and to prescribe regulations governing the establishment and operation of Federal savings and loan associations and savings banks as sources of housing credit. Outlines the lending and investment parameters of housing credit. Outlines the lending and investment parameters for such institutions, including the Chairman's authority to: (1) appoint the FDIC as receiver or conservator under specified circumstances; (2) prescribe rules for institutions in conservatorship or receivership; and (3) monitor such institutions' compliance with monetary transaction recordkeeping requirements. Confers Federal Home Loan Bank membership status automatically upon each Federal savings association upon its incorporation. Authorizes the Secretary of the Treasury to subscribe for preferred shares in Federal savings associations. Prescribes guidelines under which a Federal savings association may convert into a Federal savings bank, a Federal savings and loan association, or into a State savings association. Permits subscription by the Secretary of the Treasury for full paid income shares in Federal savings associations. Cites circumstances under which a savings association or Federal Home Loan Bank member may: (1) be a depository of public money; (2) act as agent for a Federal instrumentality; (3) act as trustee for certain retirement accounts; (4) act as trustee in certain fiduciary capacities; (5) surrender its Federal charter; and (6) have its powers revoked by the Chairman. Sets forth a conversion mechanism whereby: (1) the Chairman may authorize the conversion of a BIF State-chartered savings bank into a Federal savings bank; (2) certain insured savings banks may be converted or chartered as Federal stock savings banks upon FDIC determination that to do so would improve their financial condition; and (3) certain FDIC insured mutual savings institutions may be converted or chartered as Federal stock savings institutions. Prohibits a savings association from conditioning its services to a customer upon certain additional requirements beyond the usual industry practice (tying arrangements). Limits the circumstances under which a Federal savings association may operate an out-of-State branch. Directs the Chairman to establish minimum capital requirements for savings associations. Requires the Chairman to establish uniform capital standards for savings associations which are as stringent as those for national banks (including the leverage ratio and risk-based capital standards). Includes goodwill as a component of capital. Sets a deadline for standards implementation. Applies the same lending limitations to savings associations as are presently applicable to national banks. Requires each savings association to report its financial status to the Chairman. Authorizes appropriations to be made available to the Chairman to develop State or federally chartered local thrift and home-financing institutions. Grants the Chairman the same regulatory investigative and operational powers over certain District of Columbia building and loan associations that the Chairman has with respect to Federal savings and loan associations. Precludes the Chairman from: (1) causing District of Columbia associations to become Federal savings and loan associations; or (2) imposing upon such District associations the same regulations that are imposed upon Federal savings and loan associations. Authorizes the Chairman to assess certain user's fees upon savings associations to cover the expenses and supervisory activities of the Office of Savings Associations. Details the regulatory parameters within which savings and loan holding companies must operate. Exempts certain foreign savings and loan holding companies and bank holding companies registered with the Federal Reserve System from such regulatory framework. Requires the Chairman's prior approval with respect to acquisitions (including interstate acquisitions) by a savings and loan holding company. Sets forth civil and criminal penalties for certain prohibited acts including: (1) holding or exercising proxy votes in a mutual savings association by any person (including a savings and loan holding company) that already controls more than 25 percent of voting shares; and (2) control of a non-subsidiary savings association by such person. Outlines the requirements which State savings banks and cooperative banks must meet in order to attain qualified thrift lender status and be deemed savings associations. Restricts the business activities of a savings association which fails to maintain such status and mandates that its charter be converted to a bank charter. Subjects a company that controls such a savings association to all the terms of the Bank Holding Company Act of 1956 as if it were a bank holding company. Subjects to the tying restrictions of the Home Owners Loan Act of 1933: (1) a State-chartered savings association that is a subsidiary of a savings and loan holding company; and (2) a savings and loan holding company and its affiliates. Outlines conditions under which a savings association operating in mutual form may reorganize as a mutual holding company, subject to the approval of COSA. Subjects each savings association to the restrictions of the Federal Reserve Act with respect to: (1) transactions with affiliates; and (2) loans and extensions of credit by a savings association to selected executives and any person controlling more than ten percent of any class of voting securities. Grandfathers certain savings associations and insured institutions participating in certain capital recovery plans as long as they adhere to such plans and report regularly to the Chairman of the Federal Home Loan Bank System. Amends the Home Owners' Loan Act of 1933 to revise the standards under which savings associations attain qualified thrift lender status (a measure of a thrift institution's involvement in housing finance). Sets forth an effective date for such revised standards. Sets forth a transitional period during which thrift institutions may continue to purchase mortgages from a mortgage-banking affiliate. Title IV: Dissolution and Transfer of Functions, Personnel, and Property of Federal Savings and Loan Insurance Corporation - Terminates the FSLIC and transfers its functions to either the FDIC or the Resolution Trust Corporation. Retains FSLIC rules (including those of the Federal Home Loan Bank Board) and places them under the enforcement purview of either the FDIC or COSA. Provides for the allocation of enforcement authority between the FDIC and COSA. Grants the FDIC rulemaking and enforcement authority over savings associations whose activities seriously threaten either the SAIF or the BIF. Sets forth an FSLIC personnel transfer scheme. Divides between COSA and the FDIC all personnel and property pertaining to the FSLIC and the Federal Home Loan Bank Board. Requires the FSLIC to provide a final accounting of its finances and operations to the Congress, the Secretary of the Treasury, and the Director of the Office of Management and Budget immediately prior to its dissolution. Title V: Financing for Thrift Resolutions - Subtitle A: Resolution Trust Corporation - Amends the Federal Home Loan Bank Act to establish the Resolution Trust Corporation (RTC) under the direction of the Oversight Board to: (1) resolve all FSLIC cases for which a liquidating receiver or conservator was appointed within a specified period; (2) manage the assets of the Federal Asset Disposition Association; and (3) make the most economical use of RTC financial activities. Places RTC authorities and limitations within the parameters of the FDIC Act and precludes it from obligating either the FDIC or its funds. Proclaims the RTC as liquidating conservator or receiver with respect to any: (1) institution for which such an agent was appointed by the Federal Home Loan Bank Board during a certain period; and (2) SAIF member for which the FDIC or COSA appoints such an agent during a designated period. Establishes the Oversight Board which shall serve as the RTC board of directors. Directs the RTC to dissolve and wind up the affairs of the Federal Asset Disposition Association (FADA). Terminates the RTC five years after the date of enactment of this Act. Directs the RTC to: (1) assume certain guarantees issued by the FSLIC; (2) document its decisions regarding the solicitation and selection of offers for assisted acquisitions and the disposition of assets of institutions under its purview; (3) submit annual and semiannual reports to the President and the Congress regarding its operations and financial status; (4) establish up to 12 Regional Advisory Board districts to assist the RTC to dispose of acquired assets in the most economical manner; and (5) establish valuation methods to minimize the impact of real estate sales in depressed real estate markets. Subjects RTC employees and independent contractors to conflict of interest standards no less stringent than those applicable to FDIC personnel. Subtitle B: Resolution Funding Corporation - Amends the Federal Home Loan Bank Act to establish the Resolution Funding Corporation (RFC) to provide funding for the RTC. Places RFC management under a three-member Directorate drawn from specified Federal Home Loan Bank senior executives supervised by the RTC Oversight Board. Prescribes guidelines under which the Federal Home Loan Banks must capitalize the RFC, including purchase of its non-voting capital stock. Requires the RFC to submit an annual status report to the President and the Congress. Terminates the RFC after the maturity and full payment of all obligations issued by it. Revises guidelines for the assessment authority of the Financing Corporation to mandate that it assess each SAIF member in the same manner as the FDIC assesses each SAIF member. Grants the Financing Corporation first priority to make such assessments. Revises the guidelines for Federal Home Loan Bank reserves to prohibit the payment of any dividends by a bank whose reserve accounts have fallen below 100 percent of its paid-in capital until its reserves have been restored to such percentage. Title VI: Thrift Acquisition Enhancement Provisions - Amends the Bank Holding Company Act of 1956 to authorize the Federal Reserve Board to approve savings association acquisitions by a bank holding company. Prohibits the Board from imposing restrictions on transactions between a savings association and its holding company affiliates (except as required under specified Federal Reserve Act provisions). Amends the Home Owners' Loan Act of 1933 (as amended by this Act) to prohibit a savings and loan holding company from acquiring more than five percent of the voting shares of a non-subsidiary savings association or a non-subsidiary savings and loan holding company. Title VII: Federal Home Loan Bank System Reforms - Subtitle A: Federal Home Loan Bank Act Amendments - Amends the Federal Home Loan Bank Act to establish as an independent agency in the executive branch the Federal Home Loan Bank Agency (the Agency) to supervise Federal Home Loan Banks (FHLBs) to ensure that they: (1) implement their housing finance mission; (2) remain adequately capitalized and able to raise funds in the capital markets; and (3) operate safely and soundly. Requires the Agency to report annually to the Congress. Declares certain insured credit unions eligible to become members or non-member borrowers of an FHLB. Precludes an insured financial institution which was not a member as of January 1, 1989, from becoming a member if: (1) it has not attained qualified thrift lender status; or (2) its financial condition or practices are adjudged unsound by the Agency. Authorizes the FHLBs to make loans to the FDIC for the use of the SAIF. Abolishes the Federal Savings and Loan Advisory Council (Thrift Advisory Council) and the Federal Savings and Loan Insurance Corporation Industry Advisory Committee. Provides that advances made by an FHLB must be based upon collateral that is sufficient to fully secure such advances. Mandates that all long term advances be made only for the purpose of providing funds for housing finance. Requires an FHLB at the time of loan origination, renewal, or advance to maintain a security interest in specified categories of collateral. Directs the Comptroller General to audit the Agency and FHLBs to determine their compliance with this Act. Subtitle B - Conforming Amendments - Makes technical and conforming amendments to relevant statutes. Title VIII: Bank Conservation Act Amendments - Amends the Bank Conservation Act to authorize the Comptroller of the Currency to appoint without notice or prior hearing a conservator (which may be the FDIC) of a financially troubled bank under specified conditions. Grants the Comptroller exclusive conservator-appointment authority for a bank. Sets forth circumstances under which the Comptroller may terminate a bank conservatorship. Presents general conservatorship guidelines. Title IX: Enforcement Authority Improvements - Enforcement Authority Improvements Act of 1989 - Subtitle A: Regulation of Financial Institutions - Amends the Federal Deposit Insurance Act to: (1) decrease from 120 days to 60 days the period during which an insured bank must correct business practices adjudged unsound by the the FDIC Board of Directors; (2) revise (from two years to from six months to two years) the period which a depositor's account remains insured after termination of a bank's insured status; and (3) authorize the FDIC to issue a temporary order suspending deposit insurance on deposits received by an insured financial institution adjudged to have no tangible capital under Federal banking agency guidelines. Directs the FDIC to include goodwill to a specified extent when determining the tangible capital of a savings association. Cites circumstances under which the FDIC may temporarily suspend the deposit insurance of a savings association which would be adjudged to have no tangible capital but for the inclusion of goodwill as a capital component. Requires the FDIC to make special examinations of such associations once every quarter. Authorizes the appropriate Federal banking agency to require a financial institution engaged in unsound business practices to implement specified remedies, including restitution and reimbursement. Authorizes such banking agency to: (1) limit the activities of such institution (including prohibiting or restricting its asset growth); and (2) issue a temporary cease and desist order whenever it determines that the institution's recordkeeping is so inaccurate as to prevent the agency from ascertaining the institution's financial condition. Revises the enforcement procedures for breaches of fiduciary duty, unsafe business activities, or violations of this Act and increases the civil and criminal penalties for such violations. Prohibits a financial institution from discriminating or discharging personnel reporting possible violations by it. Authorizes the FDIC to coordinate its enforcement actions with COSA. Precludes the FDIC from delegating its decisionmaking authority about enforcement actions. Subtitle B: Regulation by the Chairman of the Office of Savings Associations - Amends the Home Owners' Loan Act of 1933 to impose civil penalties upon savings associations which fail to file status reports, or file false or incomplete reports. Subtitle C: Credit Unions - Amends the Federal Credit Union Act to authorize the National Credit Union Administration Board (the Board) to: (1) require an insured credit union engaged in certain unsound business practices to implement specified remedies (including restitution and reimbursement); (2) restrict such credit union's activities, including the growth of its assets; and (3) issue temporary cease and desist orders whenever it determines that the credit union's recordkeeping is so inaccurate as to prevent the Board from ascertaining the credit union's financial condition. Revises the enforcement procedures for breaches of fiduciary duty, unsafe business practices, and violations of this Act. Increases the civil and criminal penalties for such violations. Prohibits a credit union from discriminating or discharging personnel reporting possible violations to a regulatory authority. Prohibits a person convicted of dishonesty from participating in credit union affairs. Increases the civil penalties imposed upon a credit union for filing either non-timely or false status reports. Subtitle D: Right to Financial Privacy Act - Amends the Right of Financial Privacy Act of 1978 to permit the disclosure of financial records to: (1) a supervisory agency exercising its conservatorship or receivership functions; (2) the Board of Governors of the Federal Reserve System (or any Federal Reserve Bank) in the exercise of its credit extension authority; or (3) the Resolution Trust Corporation in the exercise of its liquidation functions. Prohibits a financial institution on which a grand jury subpoena has been served regarding specified criminal violations from notifying the affected party about the existence or contents of the subpoena or the information that it has furnished to the grand jury. Title X: Criminal Enhancements - Amends the Federal criminal code to increase criminal penalties and impose civil penalties for designated financial institution offenses including: (1) receipt of commissions or gifts for procuring loans; (2) theft, embezzlement, or misapplication of funds; and (3) fraudulent activities. Sets forth a statute of limitations for financial institution offenses and instructs the U.S. Sentencing Commission to promulgate specified minimum sentencing guidelines for such offenses. Sets forth civil and criminal forfeiture guidelines regarding offenses affecting a federally insured financial institution. Cites circumstances under which certain grand jury matters may be disclosed to Federal or State attorneys and in litigation proceedings. Authorizes appropriations for the Department of Justice for proceedings falling within the purview of this Act. Title XI: Federal Home Loan Mortgage Corporation - Federal Home Loan Mortgage Corporation Transition Act - Amends the Federal Home Loan Mortgage Corporation Act to revise the membership of the Board of Directors, including five members who shall be appointed by the President. Grants the Secretary of Housing and Urban Development (the Secretary) regulatory authority over the Corporation. Authorizes the Secretary to require that a reasonable portion of the Corporation's mortgage purchases be related to the national goal of providing adequate housing for low and moderate income families (with reasonable economic return to the Corporation). Requires the Secretary to report annually to the Congress regarding Corporation activities. Revises the Corporation's capitalization guidelines. Precludes the Corporation from imposing any charge or fee upon any mortgagee participating in a mortgage insurance program under the National Housing Act solely because of such status. Prescribes guidelines under which: (1) the Secretary of the Treasury may purchase obligations and securities of the Corporation; (2) securities evidencing the Corporation's debt may be issued; and (3) the Corporation may make financial commitments based upon collateralized mortgage obligations. Amends the Federal National Mortgage Association Charter Act to prohibit the Corporation from using its lending authority either to: (1) advance funds to a mortgage seller or originator on an interim basis using mortgage loans as collateral, pending the sale of mortgages in the secondary market; or (2) originate mortgage loans. Title XII: Participation by State Housing Finance Authorities and Nonprofit Entities - Authorizes State housing finance authorities and nonprofit entities to purchase mortgage-related assets from the Resolution Trust Corporation or from financial institutions with respect to which the FDIC is acting as receiver or conservator. Mandates that the net income attributable to the ownership of such assets be invested in low and moderate income housing within the jurisdiction of such State housing finance authority or nonprofit entity. Title XIII: Study of Federal Deposit Insurance and Banking Regulation - Requires the Secretary of the Treasury to report to the Congress regarding the results of a study of the Federal deposit insurance system. Title XIV: Miscellaneous Provisions - Directs the Comptroller General to report to specified congressional committees regarding the Nation's credit union system. Amends the Federal Credit Union Act to direct the National Credit Union Administration Board to report to the Congress regarding the comparability of credit union regulator salaries with the compensation at other Federal bank regulatory agencies. Amends the Revised Statutes to direct the Comptroller of the Currency to: (1) report to the Congress regarding the compensation of employees of the Office of the Comptroller of the Currency; and (2) concurrently submit to the Congress any budget estimates or legislative recommendations made either to the President or the Office of Management and Budget. Precludes any Federal officer or agency from requiring the Comptroller to submit legislative commentaries prior to their submission to the Congress. Subjects all entities performing functions or activities under this Act to audit by the Comptroller General. Requires specified Federal entities falling within the purview of this Act to report to the Congress regarding the extent of discriminatory lending practices by mortgage lenders subject to their supervision or regulation. Applies a certain Executive Order relating to equal employment opportunity in the Federal Government to specified Federal lending agencies. Requires certain agencies under the purview of this Act to establish programs which solicit businesses owned by women or minorities and to provide such businesses with opportunities to participate in their procurement programs. Directs the FDIC to submit to certain congressional committees an annual detailed status report regarding the Federal Deposit Insurance Fund. Mandates that specified Federal banking agencies establish uniform accounting standards to determine the capital ratios of all federally insured financial institutions. Amends the Bank Holding Company Act to revise the cross-marketing restrictions placed upon banks controlled by specified holding companies. Amends the Federal Financial Institutions Examination Council Act of 1978 to establish within the Council an Appraisal Subcommittee to: (1) monitor State and Federal appraisal standards for federally related transactions; (2) maintain a national registry of State licensed appraisers for federally related transactions; (3) report annually to the Congress regarding its activities; and (4) monitor the Appraisal Foundation. Authorizes appropriations. Authorizes the Subcommittee to collect registration fees from persons who perform appraisals in Federally related transactions. Requires federal financial institutions, regulatory agencies, and mortgage agencies to prescribe real estate appraisal standards for federally related transactions. Directs the Subcommittee to monitor State appraiser certifying and licensing agencies to determine consistency with this Act. Empowers the Subcommittee to reject a State's appraiser certifications or licenses. Provides for a temporary waiver of appraiser certification or licensing requirements for States having a scarcity of qualified appraisers. Requires a Federal agency (including the Subcommittee) to report any State certified or licensed appraiser who violates this Act. Subjects a financial institution to a civil penalty for knowingly engaging the services of an appraiser in a federally related transaction who is not State certified or licensed.
United States · United States Congress · 13 April 1989
Designates September 1989 as National Library Card Sign-Up Month.
United States · United States Congress · 11 April 1989
Outer Space Protection Act of 1989 - Reaffirms U.S. policy that activities in space should be devoted to peaceful purposes to benefit mankind. Prohibits the use of funds by Federal agencies for: (1) the testing, production, or deployment of any weapon system designed to be based in outer space; (2) the testing of any weapon system to determine its capability to damage or destroy any object in outer space; or (3) the launch of any spacecraft that carries weapons capable of inflicting death or injury on people. Urges and requests the President to enter into bilateral negotiations with the Soviet Union concerning weapons systems in outer space. Specifies the purposes of such negotiations as: (1) prohibiting the testing, production, and deployment of all weapons based in outer space and the testing of all weapons against objects in outer space; (2) establishing limitations on technologies that could become weapons; (3) determining methods for monitoring compliance with such limitations and with mutually agreed upon prohibitions on weapons in outer space and the testing of antisatellite weapons; and (4) encouraging the effective utilization of the Standing Consultative Commission (established under the 1972 Anti-Ballistic Missile Treaty) to resolve disagreements and to develop limitations and verification procedures for new technologies. Urges and requests the President, in the event that such negotiations result in an agreement, to initiate discussions in the United Nations toward an international agreement to prohibit the testing, production, and deployment of all weapons in outer space and to prohibit the testing of all antisatellite weapons. Requires the Secretary of Defense to manage the long-term basic research on ballistic missile defense technologies so as to provide the United States with expanded options for responding to any future breakout by the Soviet Union from the 1972 Anti-Ballistic Missile Treaty. Specifies that nothing in this Act shall be construed to prohibit the obligation or expenditure of funds for non-weapon military operations in outer space. States that the provisions of this Act relating to bilateral negotiations with the Soviet Union and the prohibition on the use of funds for space weapons shall become inapplicable if the President certifies to the Congress that the Soviet Union: (1) has tested, produced, or deployed space weapons; or (2) has launched into orbit any spacecraft that carries a weapon capable of inflicting death or injury on people.
United States · United States Congress · 6 April 1989
Amends the Internal Revenue Code to extend the targeted jobs income tax credit through 1992. (Under current law the credit will expire after December 31, 1989.) Amends the Economic Recovery Tax Act of 1981 to authorize appropriations through FY 1992 in connection with the targeted jobs credit. Raises from 23 years to 25 years the age limitation with respect to economically disadvantaged youth targeted for credit purposes.
United States · United States Congress · 6 April 1989
Expresses the Senate's confidence, hope, and trust for those who will serve in the Senate during its third century.
United States · United States Congress · 5 April 1989
Healthy Birth Act of 1989 - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Sets aside certain appropriated amounts for comprehensive State infant mortality initiatives and Federal activities in coordination with such initiatives. Prohibits Federal assistance for such a State initiative unless the State provides assurances that it will: (1) establish a toll-free telephone information and referral system for maternal and child health services; (2) provide technical assistance and public awareness activities regarding the maternal and child health handbook to be disseminated by the Secretary of Health and Human Services; (3) develop and expand maternal and child health home visiting programs; (4) establish a "one-stop shopping," client-centered program under which pregnant women and mothers can apply for a wide range of Government programs in a coordinated manner at a location at which social and health-related services are made available to pregnant women and infants; (5) evaluate the impact of such initiative; and (6) be able to continue such initiative without Federal assistance within five years of the first receipt of such assistance. Directs the Secretary to use a specified portion of set-aside amounts to: (1) provide technical assistance to State initiatives; (2) disseminate a maternal and child health handbook to all pregnant women and new parents; (3) establish a nationwide, toll-free telephone information and referral system for maternal and child health services; (4) develop a model, coordinated application and eligibility determination system for use by States under the Medicaid program (title XIX of the Act) and the special supplemental food program for women, infants, and children; (5) improve the integration and coordination of Federal programs serving pregnant women and children; and (6) monitor and evaluate State infant mortality initiatives. Requires the Secretary to give priority to the initiatives of States demonstrating the greatest need and an ability to implement such initiatives, while recognizing the need for an equitable distribution of assistance among the States.
United States · United States Congress · 5 April 1989
Social Services Block Grant Restoration Act of 1989 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations under such title from FY 1990 through 1992.
United States · United States Congress · 5 April 1989
Patient Outcomes Research Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a patient outcomes assessment research program to generate and disseminate information concerning the best methods of managing selected health conditions. Gives priority to significant health conditions that are subject to a variety of management methods among patients in different geographical locations and in different clinical settings. Requires the Secretary to establish a program for the development of practice guidelines to assist health care professionals in adopting those practice patterns determined to be most effective in combating selected health conditions. Authorizes appropriations for the research program and the guidelines program for FY 1990 through 1992. Requires that at least 70 percent of amounts appropriated for a fiscal year be used to fund grants to, and agreements with, non-Federal entities. Sets forth reporting requirements. Directs the Secretary to establish the Independent Advisory Committee on Managing Patient Outcomes to advise and assist the Assistant Secretary in carrying out this Act's provisions. Requires the Assistant Secretary to contract with the Institute of Medicine for an annual review of the findings and recommendations of the research program. Includes, as part of such review: (1) the recommendation of strategic priorities for the research program and practice guidelines; (2) the evaluation of the success of the research program; and (3) the issuance of annual reports summarizing research findings and suggesting improvements to the research program and guidelines program. Authorizes appropriations for the Institute's review activities for FY 1990 through 1992.
United States · United States Congress · 5 April 1989
Designates July 2, 1989, as National Literacy Day.
United States · United States Congress · 4 April 1989
Designates October 1989 as Polish American Heritage Month.
United States · United States Congress · 4 April 1989
Designates April 28, 1989, as Flight Attendant Safety Professionals' Day.
United States · United States Congress · 4 April 1989
Congratulates the University of Michigan on winning the 1989 NCAA Men's Basketball Championship.
United States · United States Congress · 17 March 1989
Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to revise the requirement for an annual report by the President on foreign country support of U.S. foreign policy. Requires the President to submit a report which assesses: (1) the voting practices at the United Nations by member nations and the extent to which such nations supported the United States; (2) actions taken by the United Nations by consensus; (3) plenary votes of the United Nations General Assembly; and (4) Security Council votes and the extent to which other countries supported U.S. policy objectives. Requires such report to contain a statement by the Secretary of State regarding steps taken to inform U.S. diplomatic missions of United Nations General Assembly and Security Council activities.
United States · United States Congress · 16 March 1989
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 16 March 1989
Indian Federal Acknowledgment Administrative Procedures Act of 1989 - Establishes the Office of Federal Acknowledgment (Office) within the Department of the Interior. Directs the Secretary of the Interior to appoint experienced U.S. history and anthropology scholars to serve on Federal Acknowledgment Appeals Panels. Authorizes any Indian group which satisfies specific criteria set out in this Act to petition the Director of the Office for acknowledgment as an Indian tribe. Requires a petition to satisfy one of two sets of criteria, including requirements that: (1) the members of the petitioner have been identified from historical times to the present as Indians; (2) a substantial portion of the members form a community, as determined by social scientists; (3) the petitioner has maintained tribal political influence over its members as an autonomous entity from historical times to present; (4) at least 75 percent of the current members are descendants of members of the tribe on which the acknowledgment claim is based; and (5) the membership is composed principally of persons who are not enrolled members of any other tribe; or (6) at least 85 percent of the current members are descendants of members of the tribe on which the acknowledgment claim is based; (7) the membership is composed principally of persons who are not enrolled members of any other tribe; and (8) the petitioner was a party to a treaty, was identified in an Act of Congress, was the beneficiary of certain lands, was organized under, and voted on, a specified Act, or was the subject of a Federal statute. Provides that petitions which satisfy such criteria create a rebuttable presumption that a petitioner was previously acknowledged as an Indian tribe and shall be acknowledged under this Act. Authorizes the Director to waive the percentage requirements of the petition criteria under specified conditions. Sets forth review and appeal procedures. Provides for expedited review procedures for petitions submitted under the second set of criteria. Requires the Director to report to the Congress on the status of all pending petitions. Sets forth additional reporting requirements for annual reports to the Committees on Indian Affairs and Interior and Insular Affairs. Outlines an administrative procedure, to be established by the Director, for the reconciliation of disagreements of fact or law at the option of the petitioner. Sets forth an order of priority for the consideration of petitions. Directs the Commissioner of the Administration for Native Americans of the Department of Health and Human Services to make grants to enable Indian groups seeking acknowledgment to: (1) conduct research to substantiate petitions under this Act; and (2) maintain tribal governmental functions while such petitions are under consideration. Provides for the transfer of all petitions to the Director. Permits petitioners to modify transferred petitions to satisfy this Act's requirements. Sets forth review procedures, during the two-year transitional period, for petitions under, or awaiting, active consideration. Allows Indian groups denied acknowledgment prior to this Act's enactment to apply directly to the Panel for reconsideration. Authorizes appropriations.
United States · United States Congress · 16 March 1989
Establishes 9:00 p.m., eastern standard time, as the poll closing time for presidential elections. Allows polling places to close if all eligible voters have voted. Amends the Uniform Time Act of 1966 to extend daylight saving time in the Pacific time zone in the year of a presidential election to the first Sunday after the date of such election.
United States · United States Congress · 16 March 1989
Authorizes the Indian American Forum for Political Education to establish a memorial on Federal land in the District of Columbia or its environs to honor Mahatma Gandhi. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 16 March 1989
Designates the week of October 1 through October 7, 1989, as National Health Care Food Service Week.
United States · United States Congress · 16 March 1989
Designates the week of July 24 to July 30, 1989, 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, 1989, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 16 March 1989
Designates November 17, 1989, as National Philanthropy Day.
United States · United States Congress · 15 March 1989
National Affordable Housing Act - Title I: General Provisions and Policies - Sets forth a national housing goal and the objectives of a national housing policy. Requires State and local entities receiving direct assistance to submit to the Secretary of Housing and Urban Development a comprehensive housing affordability strategy. Title II: Homeownership - Amends the National Housing Act to base Federal Housing Administration (FHA) first-time homebuyer loan ceilings on regional median home prices. Authorizes the insurance of industry accepted mortgages under specified conditions. Requires the Secretary to report annually to the Congress regarding mortgage insurance categories. Title III: Investment in Affordable Housing - HOME Corporation Act - Establishes the Government National HOME Corporation in the Department of Housing and Urban Development (HUD). Authorizes FY 1990 and 1991 appropriations for activities under this title. Subtitle A: Housing Opportunity Partnerships (HOP) - Authorizes the Secretary, acting through the HOME Corporation, to make funds available for investment in order to expand the affordable housing supply. Directs the HOME Corporation to develop model programs designed to carry out the purposes of this title. Requires participating jurisdictions to target housing for very low- and low-income families. Sets forth affordable housing qualification provisions. Allocates resources by a housing need-based formula and by incentives. Directs the HOME Corporation to establish a housing investment trust fund for each participating jurisdiction. Requires participant matching funds. Sets aside funds for nonprofit community organization housing. Provides penalties for misuse of funds. Subtitle B: Mortgage Credit Enhancement - Authorizes the HOME Corporation to guarantee affordable housing mortgage loan pools. Subtitle C: Other Support for State and Local Housing Strategies - Directs the HOME Corporation to develop the capacity of State and local agencies and profit and nonprofit entities to identify and meet the needs for increased affordable housing, including related housing research. Subtitle D: General Authority of the HOME Corporation - Sets forth operating and authority provisions for the HOME Corporation. Subtitle E: Sets forth administrative provisions for the HOME Corporation. Title IV: Affordable Rental Housing - Subtitle A: Preservation of Affordable Rental Housing - Amends the Department of Housing and Urban Development Act to establish in HUD an Office of Affordable Housing Preservation. Subtitle B: Low-Income Rental Assistance - Amends the United States Housing Act of 1937 to revise the section 8 rental assistance program. Increases FY 1990 and 1991 budget authority for such assistance. Title V: Housing For Persons With Special Needs - Subtitle A: Assistant Secretary for Supportive Housing - Amends the Department of Housing and Urban Development Act to establish in HUD a position of Assistant Secretary for Supportive Housing to administer programs serving elderly, handicapped, or homeless persons, or others with special housing needs. Subtitle B: Supportive Housing for the Elderly - Amends the Housing Act of 1959 to authorize assistance to expand the supply of supportive housing for the elderly. Authorizes FY 1990 and 1991 appropriations. Authorizes assistance to adopt federally assisted housing for the elderly to better meet the needs of frail elderly, handicapped, or temporarily disabled residents. Authorizes FY 1990 and 1991 appropriations. Subtitle C: Supportive Housing for the Handicapped - Authorizes assistance to expand the supply of supportive housing for the handicapped. Authorizes FY 1990 and 1991 appropriations. Subtitle D: Supportive Housing for the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act to authorize grants to States and local government units for homeless housing assistance. Sets forth grant allocation provisions. Permits States and local units to use such assistance for approved activities. Requires grantees to provide matching funds. Authorizes FY 1991 and 1992 appropriations. Requires an annual report to the Congress. Sets forth the following approved activities: (1) emergency shelter; (2) transitional housing for the homeless; (3) permanent housing for the handicapped homeless; and (4) supplemental assistance for facilities to assist the homeless. Increases FY 1990 and 1991 budget authority for the section 8 single room occupancy program. Title VI: Public and Indian Housing - Subtitle A: Public Housing Development - Amends the United States Housing Act of 1937 to authorize the development of new and replacement public housing. Subtitle B: Authorization - Amends the United States Housing Act of 1937 to authorize FY 1990 and 1991 public housing appropriations. Increases FY 1990 and 1991 budget authority for rental rehabilitation and development grants. Obligates FY 1990 and 1991 funds for: (1) Indian housing; and (2) the comprehensive improvement assistance program. Subtitle C: Project Independence - Amends the United States Housing Act of 1937 to provide public housing residents with greater access to employment, day care, educational, and other services. Obligates FY 1990 and 1991 funds for such purposes. Subtitle D: National Commission on Severely Distressed Public Housing - Establishes the National Commission on Severely Distressed Public Housing to identify severely distressed public housing projects, evaluate strategies to eliminate unfit housing conditions, and develop a national plan to achieve such objectives. Authorizes FY 1990 and 1991 appropriations. Title VII: Rural Housing - Amends the Housing Act of 1949 to reauthorize through FY 1991: (1) rural housing insured or guaranteed loans; (2) rental assistance payment contract authority; (3) rental housing loan authority; and (4) mutual and self-help housing grant and loan authority. Authorizes deferred mortgage repayments under specified conditions. Sets aside FY 1990 and 1991 funds for targeted underserved areas. Title VIII: Repeals and Conforming Amendments - Sets forth specified conforming and other related amendments.
United States · United States Congress · 15 March 1989
Amends the Public Health Service Act to extend until September 30, 1989, the termination date of provisions authorizing the Secretary of Health and Human Services to make grants to States to assist in the provision of drugs determined to prolong the lives of individuals with acquired immune deficiency syndrome (AIDS) and related conditions.
United States · United States Congress · 15 March 1989
High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services, to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Directs the Board, in making determinations, and the National Institute for Occupational Safety and health (NIOSH), in giving or coordinating notification, to notify as many employees at risk of disease as appropriations and the best available scientific evidence permit. Directs the Secretary to include a detailed explanation of the reasons for the notification determinations in a specified report. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through NIOSH, to direct the required notification. Provides for telephone "hot lines" and other dissemination of information. Provides for judicial review of Board determinations. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Requires, in the case of employees not currently exposed, that notification be transmitted to each employee in the designated population at risk of disease who was exposed to the occupational health hazard within 30 years prior to the date of notification. Requires individual notification, but where this is not reasonably possible, requires the notifying entity to make use of public service announcements and other appropriate means of notification. Requires individual notification in the case of employees currently exposed or, where that is not reasonably possible, public service announcements. Allows an employer to apply to NIOSH for a variance exempting that employer's employees from designation as a population at risk, if the existence of significant mitigating factors can be proven. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and other professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring for such employees. Directs NIOSH to conduct or provide for research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes NIOSH to engage the services of experts and consultants. Amends the Public Health Service Act to authorize the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1990 through 1992, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer at no additional cost to the employee if any part of the exposure occurred in the course of employment by that employer. Provides that the employee may be required to meet deductibles or copayments if such monitoring is through an existing employer health plan. Requires employers to provide monitoring for employees who are notified individually under this Act or who the employer has reason to know are members of the population at risk. Sets forth special rules for medical monitoring. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Requires such transfer to be made if within ten working days after the employee has exercised the option and transmitted to the employer a copy of the initial determination and the employer's medical representative has not requested independent reconsideration of such determination. Provides that the employer, in providing such alternative work assignment, shall not be required to: (1) violate the terms of any collective bargaining agreement; or (2) displace, lay off, or terminate any other employee. Sets forth procedures for independent reconsideration of the initial medical determination. Requires an employer to provide medical removal protection only for employees who are notified individually under this Act or who the employer has reason to know are members of a population at risk. Sets forth special rules for medical removal. Exempts from the requirement of medical removal protection any employer who has 100 or fewer employees in 1989 through 1990, and thereafter 50 or fewer, and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer to remove an employee to a less hazardous or nonexposed job if this is determined to be medically necessary and if earnings, seniority, and other employment rights and benefits are maintained. Allows an employer with 100 or fewer employees in 1989 through 1990, and thereafter with 50 or fewer, to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Makes medical removal protection provisions inapplicable to seasonal agricultural workers, but provides for medical monitoring of such workers. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Directs the Secretary to require recordkeeping, by NIOSH or by employers certified to notify employees, necessary to monitor the numbers, types, and results of notification under this Act. Authorizes the Secretary to bring an action in U.S. district court to enjoin an employer from violating this Act. Authorizes the Secretary to bring an action in U.S. district court against an employer certified to notify employees for any act or omission that is a knowing or reckless violation of this Act. Sets forth civil penalties for such violations. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Prohibits actions against physicians for good faith determinations under medical removal provisions. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary to report annually to the Congress on the implementation and enforcement of notification under this Act. Requires each Federal agency that conducts epidemiologic studies on occupational disease to establish procedures for notifying subjects of such studies of the findings, including specified information if the subjects are at risk of disease. Directs the Secretary to prescribe regulations necessary to carry out this Act. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 15 March 1989
National Affordable Housing Act - Title I: General Provisions and Policies - Sets forth a national housing goal and the objectives of a national housing policy. Requires State and local entities receiving direct assistance to submit to the Secretary of Housing and Urban Development a comprehensive housing affordability strategy. Title II: Homeownership - Subtitle A: FHA Amendments - Amends the National Housing Act to base Federal Housing Administration (FHA) first-time homebuyer loan ceilings on regional median home prices. Authorizes the insurance of industry accepted mortgages under specified conditions. Requires the Secretary to report annually to the Congress regarding mortgage insurance categories. Subtitle B: Savings for a Downpayment - Amends the Internal Revenue Code to: (1) authorize certain retirement plans (401(k) plans) to make equity investments in a participant's principal residence; and (2) authorize individual retirement account funds to be used as loans to purchase a home by a first-time homebuyer. Title III: Investment in Affordable Housing - HOME Corporation Act - Establishes the Government National HOME Corporation in the Department of Housing and Urban Development (HUD). Authorizes FY 1990 and 1991 appropriations for activities under this title. Subtitle A: Housing Opportunity Partnerships (HOP) - Authorizes the Secretary, acting through the HOME Corporation, to make funds available for investment in order to expand the affordable housing supply. Directs the HOME Corporation to develop model programs designed to carry out the purposes of this title. Requires participating jurisdictions to target housing for very low- and low-income families. Sets forth affordable housing qualification provisions. Allocates resources by a housing need-based formula and by incentives. Directs the HOME Corporation to establish a housing investment trust fund for each participating jurisdiction. Requires participant matching funds. Sets aside funds for nonprofit community organization housing. Provides penalties for misuse of funds. Subtitle B: Mortgage Credit Enhancement - Authorizes the HOME Corporation to guarantee affordable housing mortgage loan pools. Subtitle C: Other Support for State and Local Housing Strategies - Directs the HOME Corporation to develop the capacity of State and local agencies and profit and nonprofit entities to identify and meet the needs for increased affordable housing, including related housing research. Subtitle D: General Authority of the HOME Corporation - Sets forth operating and authority provisions for the HOME Corporation. Subtitle E: General Provisions - Sets forth administrative provisions for the HOME Corporation. Title IV: Affordable Rental Housing - Subtitle A: Preservation of Affordable Rental Housing - Amends the Department of Housing and Urban Development Act to establish in HUD an Office of Affordable Housing Preservation. Subtitle B: Low-Income Rental Assistance - Amends the United States Housing Act of 1937 to revise the section 8 rental assistance program. Increases FY 1990 and 1991 budget authority for such assistance. Title V: Housing For Persons With Special Needs - Subtitle A: Assistant Secretary for Supportive Housing - Amends the Department of Housing and Urban Development Act to establish in HUD a position of Assistant Secretary for Supportive Housing to administer programs serving elderly, handicapped, or homeless persons, or others with special housing needs. Subtitle B: Supportive Housing for the Elderly - Amends the Housing Act of 1959 to authorize assistance to expand the supply of supportive housing for the elderly. Authorizes FY 1990 and 1991 appropriations. Authorizes assistance to adapt federally assisted housing for the elderly to better meet the needs of frail elderly, handicapped, or temporarily disabled residents. Authorizes FY 1990 and 1991 appropriations. Subtitle C: Supportive Housing for the Handicapped - Authorizes assistance to expand the supply of supportive housing for the handicapped. Authorizes FY 1990 and 1991 appropriations. Subtitle D: Supportive Housing for the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act to authorize grants to States and local government units for homeless housing assistance. Sets forth grant allocation provisions. Permits States and local units to use such assistance for approved activities. Requires grantees to provide matching funds. Authorizes FY 1991 and 1992 appropriations. Requires an annual report to the Congress. Sets forth the following approved activities: (1) emergency shelter; (2) transitional housing for the homeless; (3) permanent housing for the handicapped homeless; and (4) supplemental assistance for facilities to assist the homeless. Increases FY 1990 and 1991 budget authority for the section 8 single room occupancy program. Title VI: Public and Indian Housing - Subtitle A: Public Housing Development - Amends the United States Housing Act of 1937 to authorize the development of new and replacement public housing. Subtitle B: Authorization - Amends the United States Housing Act of 1937 to authorize FY 1990 and 1991 public housing appropriations. Increases FY 1990 and 1991 budget authority for rental rehabilitation and development grants. Obligates FY 1990 and 1991 funds for: (1) Indian housing; and (2) the comprehensive improvement assistance program. Subtitle C: Project Independence - Amends the United States Housing Act of 1937 to provide public housing residents with greater access to employment, day care, educational, and other services. Obligates FY 1990 and 1991 funds for such purposes. Subtitle D: National Commission on Severely Distressed Public Housing - Establishes the National Commission on Severely Distressed Public Housing to identify severely distressed public housing projects, evaluate strategies to eliminate unfit housing conditions, and develop a national plan to achieve such objectives. Authorizes FY 1990 and 1991 appropriations. Title VII: Rural Housing - Amends the Housing Act of 1949 to reauthorize through FY 1991: (1) rural housing insured or guaranteed loans; (2) rental assistance payment contract authority; (3) rental housing loan authority; and (4) mutual and self-help housing grant and loan authority. Authorizes deferred mortgage repayments under specified conditions. Sets aside FY 1990 and 1991 funds for targeted underserved areas. Title VIII: Amendment to the Internal Revenue Code - Amends the Internal Revenue Code to make permanent the low-income housing credit ceiling. Title IX: Repeals and Conforming Amendments - Sets forth specified conforming and other related amendments.
United States · United States Congress · 15 March 1989
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct the Secretary of Transportation to establish Federal motor vehicle safety standards requiring that school buses be equipped with a system of mirrors to provide the driver with a clear, unobstructed view of the ground area in front of the front tires, along both sides, and directly under the front bumper. Requires the Secretary to report to the Congress on the number of school buses manufactured before April 1, 1977, that are being used as school buses as of the date of the report.
United States · United States Congress · 15 March 1989
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to require the Secretary of Health and Human Services to establish and conduct an ongoing SSI outreach program providing low-income aged, blind, and disabled individuals who are not receiving SSI benefits with SSI benefit information and notice of their potential eligibility for Food Stamp and Medicare (title XVIII of the Act) benefits. Directs the Secretary to evaluate and annually report to the Congress on the effectiveness of such program. Excludes specified amounts of interest and dividend income from an individual's income for SSI purposes. Increases the cash value of life insurance and burial fund accounts which is excluded from a beneficiary's resources for SSI purposes. Treats income received on a weekly or biweekly basis as being received on a regular monthly basis at the same annual rate if such treatment would render the payee eligible for SSI benefits.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 15 March 1989
Designates the month of November in 1989 and 1990 as National Hospice Month.
United States · United States Congress · 15 March 1989
Expresses the sense of the Congress opposing further restrictions on the mortgage interest income tax deduction.
United States · United States Congress · 9 March 1989
Amends the Department of Veterans Affairs Act to require one of the six Assistant Secretaries of Veterans Affairs to be responsible for monitoring and promoting the access of minority veterans to services and benefits furnished by the Department. Defines "minority veterans" to include blacks, Native Americans, Hispanic-Americans, Asian-Pacific Islander Americans, and women veterans.
United States · United States Congress · 9 March 1989
Social Security Services Improvement Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require that the Federal Government collect OASDI overpayments on a schedule which does not cause financial hardship for the beneficiary. Limits the amount of OASDI overpayments which may be collected in a month from beneficiaries under title XVI (Supplemental Security Income) (SSI) of the Act. Directs the Secretary of Health and Human Services to establish one- to three-year demonstration projects implementing accountability procedures for at least three telephone service centers operated by the Social Security Administration (SSA). Requires that the Secretary promptly provide callers with a written receipt which sets forth: (1) the name of the SSA representative with whom the caller spoke; (2) the date of the call; (3) a description of the nature of the call; (4) any action which the representative indicates will be taken in response to the call; and (5) the information or advice offered by the SSA representative. Requires that: (1) callers be notified that they will be provided with such receipt; and (2) the SSA retain a copy of such receipt. Authorizes the exclusion from such projects of routine calls unrelated to eligibility or benefits. Sets forth reporting requirements. Directs the Secretary to provide OASDI benefit applicants with information concerning the wages and self-employment income on which such benefits are based and notify such applicants that they may submit a challenge under which they will receive a more complete accounting of such information in order that they may demonstrate that some items of wages or self-employment income have been excluded. Amends part A (General Provisions) of title XI of the Act to require the Secretary, when determining an individual's entitlement to benefits under the Act, to take into account such individual's physical, mental, educational, vocational, or linguistic limitations in determining his or her good faith, fault, fraud, deception, or intent. Amends the OASDI and SSI programs to require the Secretary to establish programs, within 180 days of this Act's enactment, under which homeless individuals who may be eligible for OASDI and SSI benefits will be identified and assisted in applying for such benefits. Requires that notices issued to individuals pursuant to the OASDI or SSI program: (1) be written in simple and clear language; (2) contain the name, address, and telephone number of a responsible person to contact regarding the notice; and (3) be written both in English and another language if such other language is likely to be the native language of a substantial number of recipients. Provides that individuals who are applying for or receiving OASDI benefits on the basis of blindness may elect to receive notice of decisions made and actions taken with respect to their rights under the program: (1) by certified mail and by telephone five days after such mailing; or (2) by some alternative procedure established by the Secretary. Requires the Secretary to: (1) maintain the names of representatives of OASDI and SSI claimants in the SSA's electronic information retrieval system; and (2) provide written notice to such claimants of the availability of attorneys to represent them in presenting their cases before the Secretary. Allows OASDI and SSI claimants to reapply for payments which have been denied if such claimants' failure to request a review of such denials within 60 days of receiving notice of such determinations resulted from good faith reliance upon incorrect, incomplete, or misleading information provided by the Secretary. Requires the Secretary, in notifying claimants of adverse payment determinations, to describe in clear and specific language the consequences of choosing to reapply for payments instead of requesting a review of such determinations. Deems an individual who failed to apply for OASDI or SSI benefits due to misinformation presented by an officer or employee of the SSA to have applied for such benefits on the later of the date such information was provided to such individual or the date such individual met all eligibility requirements for such benefits. Guarantees that individuals whose visit to an SSA Office is occasioned by their receipt of a notice requiring a timely response or their loss or nonreceipt of OASDI or SSI benefits will be seen for an interview that same day.
United States · United States Congress · 9 March 1989
Designates the period commencing on June 21, 1989, and ending on June 28, 1989, as Food Science and Technology Week.
United States · United States Congress · 8 March 1989
Requires Federal deficit determinations for purposes of the Balanced Budget and Emergency Control Act of 1985 (Gramm-Rudman-Hollings Act) to include and give equal importance to a deficit calculation that does not include Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays.
United States · United States Congress · 8 March 1989
Designates the week beginning October 29, 1989, as Gaucher's Disease Awareness Week.
United States · United States Congress · 6 March 1989
Designates the period commencing May 7, 1989, and ending May 13, 1989, as National Correctional Officers Week.
United States · United States Congress · 3 March 1989
Grants a Federal charter to the National Academies of Practice, honoring persons of the health care professions.
United States · United States Congress · 3 March 1989
Anti-Apartheid Act Amendments of 1989 - Title I: Sanctions Against Investment in, and Exports to, South Africa and Other Measures (Except Import Restrictions) to End Apartheid - Part A: Amendments to the Comprehensive Anti-Apartheid Act of 1986 and Other Laws - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Makes exceptions to such prohibition for: (1) investments in a business enterprise 90 percent owned and controlled by South Africans economically and politically disadvantaged by apartheid; and (2) investments made by certain individuals during any period and to the extent that such investments are considered South African emigrant non-resident assets and subject to transfer or disposition restrictions. Authorizes a person to apply for, and the President to grant for good cause, a waiver of such prohibition for up to 180 days. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans economically and politically disadvantaged by apartheid to: (1) notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity; and (2) enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, commercial sales of agricultural commodities and products, and goods and technology for use in the gathering or dissemination of information by news media organizations subject to U.S. jurisdiction. Makes such prohibitions inapplicable to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, or emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 that: (1) prohibit certain exports to, imports from, and investments in South Africa; (2) set forth U.S. policy toward the recruitment and training of black South Africans; and (3) prohibit U.S. intercession with any foreign government regarding export activities of certain U.S. nationals in South Africa who are not implementing the Code of Conduct. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Prohibits any U.S. agency or entity from engaging in any form of cooperation with the armed forces of South Africa. Specifies that such prohibitions shall not apply to the conduct of diplomatic activities or to intelligence information concerning the military activities or equipment in southern Africa of Cuban military forces or of another Communist country acting in concert with Cuban military forces. Prohibits funds made available by the Congress from being obligated or expended for any expense related to any prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Repeals provisions of the Intelligence Authorization Act for FY 1987 concerning restrictions on intelligence agency cooperation with South Africa. Prohibits the Secretary of Energy from authorizing any person to engage, directly or indirectly, in the production of special nuclear materials in South Africa. States that South Africa's granting of independence to Namibia is a major policy goal of the United States. Includes such granting of independence as one of several actions South Africa must take to have U.S. sanctions terminated. Revises penalty provisions of the Comprehensive Anti-Apartheid Act of 1986. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade in oil, coal, computers, specialized machinery and arms, and to financial credits. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to report annually to the Congress on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Inter-Agency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. Revises provisions of such Act regarding the Code of Conduct and expanded participation in the South African economy. Requires Federal agencies to make efforts to assist businesses more than 90 percent (currently, 50 percent) owned by black or nonwhite South Africans. Amends the Export Import Bank Act of 1945 to require the Bank to insure or participate in the extension of credit to businesses more than 90 percent owned (currently, majority owned) and controlled by black or nonwhite South Africans. Amends the Foreign Assistance Act of 1961 to permit the use of a specified amount of funds authorized for economic development assistance for assistance to disadvantaged South Africans. Specifies that such assistance may include scholarships, the promotion of the participation of disadvantaged South Africans in trade unions and private enterprise, alternative education and community development programs, and training and other assistance (including legal aid) for South African journalists. Lists major trade union federations in South Africa and Namibia as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans and Namibians. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Includes in such prohibition transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Authorizes the President to waive such prohibitions under specified conditions. Part B: Policy Statements; Reports; Studies; and Other Miscellaneous Provisions - Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States; and (3) ensure effective and rigorous enforcement of a prohibition on the importation into the United States of uncut South African diamonds by taking specified measures. Expresses the sense of the Congress that: (1) the President should close two of South Africa's consulates general, eliminate all honorary consuls of South Africa in the United States, and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be granted on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the President to study and submit a report to the Congress on measures to reduce South Africa's foreign exchange earnings from gold. Directs the Secretary of State to report to the Congress on South Africa's involvement in international terrorism. Title II: Sanctions Against South African Imports Into the United States - Prohibits the importation into the United States of any article from South Africa, except: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) krugerrands or any gold coin minted in South Africa or offered for sale by the Government of South Africa; (2) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (3) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by persons economically or politically disadvantaged by apartheid. Requires the President to confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid. Requires the President to report to the Congress concerning such efforts. Requires (currently, encourages) the President to seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. Requires (currently, authorizes) the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Allows the President to waive such penalties for foreign persons of an industrialized democracy that is a party to a cooperative agreement to impose sanctions against South Africa. Requires the President to revoke such waiver if the industrialized democracy is not adequately enforcing the measures provided for under the agreement. Requires that information concerning the extent to which import restrictions are being enforced by other industrialized democracies be included in the Secretary of State's annual report to the Congress. Sets forth provisions pertaining to committee referral in the House of Representatives of joint resolutions pertaining to import restrictions. Requires the President, through the Secretary of Commerce, to submit periodic reports to the Congress setting forth the average amounts of imports of coal or any strategic and critical material entering the United States from each member and observer country of the Council for Mutual Economic Assistance. Requires the President to report annually to the Congress on the program to reduce U.S. dependence on strategic minerals from South Africa. Requires the President to confer with the governments of the African "frontline" States on measures to prevent the circumvention of the import restrictions on South African products imposed under the authority of this Act. Title III: General Provisions - Makes conforming amendments and sets forth the effective date of this Act.
United States · United States Congress · 2 March 1989
Amends Internal Revenue Code provisions relating to the exclusion from gross income of amounts received under qualified group legal services plans to: (1) make the exclusion permanent (under current law it expired as of tax year 1989); and (2) increase the amount of the permissible exclusion from $70 to $90.
United States · United States Congress · 1 March 1989
Transfers certain funds available for State legalization assistance grants to refugee assistance programs.
United States · United States Congress · 28 February 1989
New School Childcare Demonstration Projects Act of 1989 - Authorizes the Secretary of Health and Human Services (the Secretary) to make grants to States to pay the Federal share of the cost of childcare demonstration projects conducted in existing public elementary and secondary school buildings. Reserves specified portions of funds for evaluation and for special demonstration projects. Allots the remainder of funds to States on the basis of population of children under 16. Directs the Secretary to provide, through grants and contracts, for continuing evaluation of State and Federal demonstration projects under this Act. Directs the Secretary to publish summaries and results of evaluative research, and to submit to the appropriate congressional committees copies of all such studies and evaluation summaries. Sets forth application requirements for demonstration grants and rules for membership of advisory committees to monitor and evaluate such projects. Requires that specified reserved funds be used for grants to public and nonprofit private entities for special demonstration projects to be awarded at the discretion of the Secretary. Sets forth problem areas for the focus of such grants. Sets the Federal share of the demonstration grants to States at 90 percent of the cost of project activities. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 28 February 1989
Apprenticeship Improvement Act of 1989 - Amends the National Apprenticeship Act to direct the Secretary of Labor to establish and maintain a national information collection system for apprenticeships and apprenticeship programs. Requires the Secretary to assure that, from the amounts appropriated to carry out such Act in each fiscal year, at least one percent shall be available to establish outreach recruitment activities to increase the participation of women and minorities, handicapped individuals, displaced workers, and disadvantaged individuals in the apprenticeship programs. Establishes the Bureau of Apprenticeship and Training (the Bureau) in the Department of Labor, under the direction of the Administrator of the Bureau of Apprenticeship and Training. Transfers to the Bureau all functions of the Assistant Secretary for Employment and Training Administration with respect to the promotion of labor standards of apprenticeship, including research, information, and publications. Transfers to the Bureau all functions related to apprenticeship, including appropriate administrative and program support services, together with necessary personnel and related funds. Authorizes the Secretary to appoint necessary employees for the administration of this Act. Directs the Secretary to increase the force within the Bureau to a specified number of full-time employees by January 1, 1990. Limits the authority to conduct reductions in force within the Bureau of Apprenticeship and Training. Directs the Secretary to report to the Congress within six months on whether the apprenticeship program complies with regulations governing equal opportunity.
United States · United States Congress · 28 February 1989
Title I: General Accounting Office Investigation and Report Investigation - Requires the Comptroller General to begin an investigation, within 60 days after enactment of this Act, concerning displaced nationals of El Salvador and Nicaragua. Requires a report to the Congress within one year after initiation of such study. Title II: Congressional Review - Provides for the referral of such report to the appropriate congressional committees for committee hearings and committee reports. Title III: Temporary Stay of Deportation - Provides for a temporary stay of detention and deportation for certain nationals of El Salvador and Nicaragua. Title IV: Miscellaneous Provisions - States that during such temporary stay of deportation period an alien: (1) shall not be considered to be permanently residing in the United States; (2) shall not be eligible for Federal public assistance; and (3) may be deemed ineligible for State assistance.
United States · United States Congress · 23 February 1989
Tech-Prep Education Act - Directs the Secretary of Education to make grants to pay the Federal share of the cost of activities carried out under this Act to consortia of: (1) local educational agencies or area vocational schools serving secondary school students; and (2) community colleges (including postsecondary vocational technical schools). Sets the Federal share at: (1) 80 percent of first year planning costs; (2) 60 percent of second year implementation and operation costs; (3) 40 percent of third year operating costs; and (4) 20 percent of fourth and fifth year operating costs. Requires each grant recipient to use the grant funds to develop and operate a four-year technical preparation education program. Requires such program to consist of the two years of secondary school preceding higher education, with a common core of required proficiency in mathematics, science, communications, and technologies designed to lead to an associate degree in a specified career field. Directs the Secretary to ensure an equitable distribution of assistance among States and among urban and rural consortium participants, with special consideration to applications which: (1) provide for effective employment placement activities or transfer of students to four-year baccalaureate degree programs; (2) demonstrate commitment to continue the program after termination of assistance under this Act; and (3) are developed in consultation with business, industry, and labor unions. Sets forth reporting requirements. Authorizes appropriations for FY 1990 through 1994 to carry out this Act.
United States · United States Congress · 22 February 1989
Hate Crime Statistics Act - Directs the Attorney General to: (1) acquire data, for 1990 through 1994, about crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity, including murder, non-negligent manslaughter, rape, assault, arson, and vandalism; and (2) establish guidelines for the collection of such data, including the necessary evidence and criteria for a finding of manifest prejudice. Prohibits: (1) the use of data acquired under this Act other than for research or statistical purposes; and (2) such data from containing any information that may reveal the identity of an individual victim of a crime. Directs the Attorney General to publish an annual summary of such data. Authorizes appropriations.
United States · United States Congress · 22 February 1989
Martin Luther King, Jr., Federal Holiday Commission Extension Act - Extends the termination date of the Martin Luther King, Jr. Federal Holiday Commission to April 20, 1994. Makes the term of Commission members one year, except for Coretta Scott King (life term) and members of the family surviving Martin Luther King, Jr. (at the discretion of the family). Replaces provisions requiring all expenditures of the Commission to be from donated funds with provisions authorizing appropriations for FY 1989 through 1993. Makes payment of expenses for Commission members and staff salary subject to the availability of funds.
United States · United States Congress · 22 February 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 consist 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 FY 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 forgone. 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 or 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. Imposes 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 · 22 February 1989
Federal Retirees' Fairness Act of 1989 - Requires Federal agencies to ensure that employee personnel files include information concerning 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.