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United States · Official source
4,673 records where Del. Fauntroy, Walter E. [D-DC-At Large] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 6 August 1987
Designates the period beginning September 15 and ending October 15 each year as National Hispanic Heritage Month. (Current law designates the week including September 15 and 16 each year as National Hispanic Heritage Week.)
United States · United States Congress · 6 August 1987
Federal Financial Management Improvement and Public Accountability Act - Establishes: (1) the Office of the Chief Financial Officer of the United States in the Executive Office of the President; (2) an Assistant Secretary for Financial Management in each executive department; and (3) a Controller in each executive agency. Requires officers to be appointed to such positions by the President, by and with the advice and consent of the Senate. Requires the Chief Financial Officer (CFO) to: (1) provide central direction and monitoring of the executive agencies in the management of their financial activities; (2) ensure that the President and the Congress are fully informed of the Government's financial management condition; (3) maintain the central accounting and reporting records of the Government; (4) use an accrual method of accounting to prepare an annual report of the consolidated financial position of the Federal Government; (5) publish and distribute copies of such report to the Congress, State Governors, and the general public; (6) prepare the budget of the Government for each fiscal year and a budget forecast for the five succeeding fiscal years using the cash basis method of accounting and an accrual method of accounting; and (7) review the performance indicators developed by agency heads to evaluate programs under which an agency expends $25,000,000 in a single fiscal year. Directs the Comptroller General to: (1) prescribe the manner in which generally accepted accounting principles may be applied in preparing required reports and budgets under this Act; (2) audit the annual report of the CFO and performance indicators developed by heads of executive agencies; and (3) report to the President and the Congress on the results of such audits. Requires each Assistant Secretary and Controller to: (1) maintain a strategic financial management plan for the department or agency; (2) participate in the appointment, development, and evaluation of financial managers of such department or agency; and (3) produce consolidated financial statements in accordance with generally accepted accounting principles. Requires the budget of each department and agency to contain a line item for its Assistant Secretary or Controller based on its strategic financial management plan. Establishes in the executive branch the Federal Finance Council, which shall consist of the CFO and the Assistant Secretaries, as an advisory body on financial management objectives, information requirements, plans, operations, and activities. Directs the President to transfer to the Office of the CFO: (1) such functions of the executive agencies as the President determines are properly related to the functions of the Office; and (2) such personnel, property, and records of such agencies as are related to the transferred functions.
United States · United States Congress · 6 August 1987
Urges the leadership of the Government of Chile to take steps to: (1) assure that military rule should end in Chile no later than by 1989, as outlined in the 1980 constitution; (2) ensure that the next democratically-elected leaders of Chile are chosen from civilian candidates; (3) assure voting procedures for the electoral process which are fair and based upon universal and equal suffrage; (4) implement procedures to ensure that the vote will be accurately counted and subject to independent verification; and (5) ensure that prior to any electoral process, freedom of assembly and expression are fully restored and non-violent government opponents are given fair access to every means of communication, including television.
United States · United States Congress · 5 August 1987
Caribbean Basin Economic Recovery Expansion Act of 1987 - Amends the Caribbean Basin Economic Recovery Act to set forth the method for calculating duty-free treatment status for articles imported from East Caribbean beneficiary countries. Sets forth such countries. Provides that duty-free treatment provided under such Act shall not apply to: (1) certain textile and apparel articles; (2) certain footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; (3) tuna in airtight containers; (4) petroleum or petroleum products; or (5) certain watches and watch parts. Requires the President to establish categories of such articles not accorded duty-free treatment. Requires the President to provide duty-free treatment to articles under such categories if the International Trade Commission (ITC) determines that: (1) such articles are either not produced in the United States, or not produced in the United States in quantities sufficient to meet domestic demand; and (2) no directly competitive articles are produced in the United States. Permits a person to file a petition with the ITC requesting the granting or withdrawal of duty-free treatment with respect to such articles. Requires the President to withdraw the duty-free treatment provided to articles within a category if the ITC determines, after the filing of a petition, that such category is no longer eligible for such treatment. Limits the aggregate quantity of articles, in a category to which a duty-free quota applies and produced in all beneficiary countries, that may be entered duty-free during any calendar year after 1987 to an amount equal to five percent of the aggregate quantity of such articles imported during that year from all beneficiary countries. Requires the President to provide duty-free treatment to articles of a beneficiary country imported after such calendar year before the total quantity imported during that year equals or exceeds the duty-free quota for such articles for such country for that year. Requires each beneficiary country to submit a specified report to the President. Authorizes the President to suspend the provision of duty-free treatment if such beneficiary country fails to submit such report. Provides that no duty-free treatment extended to a beneficiary country shall remain in effect after September 30, 2007. Amends the Tariff Schedules of the United States to prohibit application of quantitative import restrictions to articles manufactured in a beneficiary country (as defined for purposes of the Generalized System of Preferences) in whole of U.S. materials. Grants duty-free treatment to such articles. Grants duty-free treatment to articles (not over $600 in value) acquired in a beneficiary country. Increases (from $800 to $1000) the personal exemption from customs duties of articles acquired in the U.S. insular possessions and from other countries. Amends the Tariff Act of 1930 to require the ITC when making determinations as to material injury with respect to antidumping and countervailing duty cases to cumulatively assess the volume and effect of imports from a country designated as a beneficiary country under the Caribbean Basin Economic Recovery Act with respect to imports of like products that are the product of one or more other countries designated as beneficiary countries. Amends the Tax Reform Act of 1986 to exempt from the prohibition against imports being considered eligible for exemption from duties certain ethyl alcohol imported during 1987 and 1988 if it was produced in a certain type of facility in: (1) an U.S. insular possession if such facility was in operation on January 1, 1986; or (2) a beneficiary country if such facility was in operation on January 1, 1987. Limits the aggregate quantity of imported sugar from a country designated a beneficiary country under the Caribbean Basin Economic Recovery Act for any year after December 31, 1987, to the allocation of such country for the period beginning on September 26, 1983, and ending September 30, 1984.
United States · United States Congress · 5 August 1987
Child Labor Exploitation Prevention Act of 1987 - Prohibits the importation of products which have been produced by child labor in violation of internationally recognized child labor rights. Requires the Secretary of the Treasury to maintain and annually revise a list of such products. Directs the Secretary of the Treasury to notify any foreign manufacturer of such products of such prohibition. Grants U.S. district courts jurisdiction over civil actions brought by persons to enjoin the importation of such products. Requires the Secretary of State to assess the status of internationally recognized child labor rights as part of the annual country report on human rights. Requires the Secretary of State to identify which countries enforce, and which producers fail to comply with, internationally recognized child labor rights.
United States · United States Congress · 5 August 1987
Amends the patent laws to prohibit for two years the patenting of animals altered through genetic engineering technology. Revokes previously granted patents for such animals.
United States · United States Congress · 5 August 1987
Declares that the Congress: (1) supports the full and strict implementation of the July 29, 1987, agreement between Sri Lanka and India concerning the Sri Lankan civil war; (2) urges the President to express support for the agreement; (3) should consider the appropriation of additional funds for assistance for Sri Lanka; (4) should give priority for such assistance to people and communities most seriously affected by the civil war; (5) expresses hope that such agreement will mark a new era of openness in Sri Lanka; (6) encourages the Government of Sri Lanka to reflect in its domestic policies the letter and spirit of the agreement; (7) encourages the activation of the Sri Lankan central registry listing all those arrested, detained, and displaced during the civil war, in order to facilitate the reunion of families; (8) calls on all parties and sections in Sri Lanka to support the agreement and assist in its implementation; and (9) urges the President to publicly commend both President Junius Jayewardene of Sri Lanka and Prime Minister Rajiv Gandhi of India for their act of statesmanship and their contribution to peace in Sri Lanka.
United States · United States Congress · 30 July 1987
AIDS Federal Policy Act of 1987 - Amends the Public Health Service Act to create a new title on acquired immune deficiency syndrome (AIDS). Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to make grants for counseling and testing regarding the etiologic agent for AIDS. Specifies eligibility requirements for grants. Directs the Secretary, in making the grants, to give preference to applicants who will provide the counseling and testing in any geographic area with a significant incidence of AIDS. Prohibits the Secretary from making a grant unless the applicant submits an application containing agreements in accordance with specified provisions of this Act. Prohibits the Secretary from making a grant unless the applicant agrees to: (1) ensure the confidentiality of information and records; (2) test individuals only after obtaining informed consent; (3) provide counseling regarding certain matters before testing any individual; (4) provide counseling both for individuals testing negative and for individuals testing positive; (5) offer, to the extent permitted under State law, opportunities for an individual to undergo counseling and testing without the individual being required either to provide information regarding the individual's identity or using a pseudonym; (6) not require the individual to undergo testing as a condition of receiving health services, unless the testing is medically necessary in the provision of the health services; (7) use funds from the grant to significantly increase the availability of counseling and testing above the level previously provided by the applicant; (8) provide the counseling and testing without regard to the ability of the individual to pay charges imposed by the applicant, if any; (9) establish fiscal control and fund accounting regarding the grant; and (10) expend not more than ten percent of the amounts received for administering the grant. Authorizes the Secretary, on request of a grantee, to provide supplies and services in lieu of grant funds. Authorizes appropriations for FY 1988 through 1990. Prohibits, except as provided in this Act, disclosure of identifying information with respect to a protected individual or a contact of such individual. Describes persons subject to such prohibition. Provides for civil and criminal penalties for violation of the prohibition, and for injunctive relief. Authorizes disclosure of identifying information regarding a protected individual and a contact of the individual with consent of the protected individual. Authorizes certain persons subject to prohibition of disclosure to disclose identifying information without consent of the protected individual, in certain circumstances and for certain purposes, to: (1) health care professionals and providers; (2) the protected individual; (3) State public health officers; (4) medical facilities receiving blood, semen, breast milk, or an organ from the individual; and (5) others, as medically necessary. Authorizes redisclosure by recipients of information disclosed under the same terms and conditions as the original disclosure. Authorizes a court of competent jurisdiction to order disclosure of identifying information if the court determines, after due process, that the disclosure is necessary to prevent a clear and imminent danger of transmission of the etiologic agent for AIDS. Provides for confidentiality of court records. Authorizes physicians or professional counselors to disclose identifying information with respect to a protected individual to the individual's spouse or sexual partner, if the physician or counselor believes the disclosure is medically appropriate and that the protected individual will not inform the spouse or sexual contact with regard to the identifying information involved. Requires any person who discloses identifying information permitted by this Act, subject to exception, to: (1) accompany disclosure with a statement declaring that subsequent disclosure of the information may be prohibited by law; and (2) notify a living protected individual of the disclosure. Prohibits discrimination against an otherwise qualified individual, solely by reason of the fact that the individual is, or is regarded as being, infected with the etiologic agent for AIDS: (1) in employment, housing, public accommodations, or governmental services; and (2) in the provision of benefits under any program or activity that receives or benefits from Federal financial assistance. Provides guidelines for the construction of the term "otherwise qualified individual." Provides for civil penalties for violation of the prohibition against discrimination, and for injunctive relief. States that the prohibition of discrimination shall not be construed to prohibit life or health insurance organizations from requiring applicants for insurance to undergo testing for the purpose of determining whether the applicant is infected with such etiologic agent.
United States · United States Congress · 30 July 1987
Designates the month of October 1987 as Lupus Awareness Month.
United States · United States Congress · 29 July 1987
Mail Fraud Amendment Act of 1987 - Amends the Federal criminal code to include within the definition of "defraud" (for specified mail fraud violations) certain acts of corruption and misconduct by public officials.
United States · United States Congress · 29 July 1987
Amends title XVIII (Medicare) of the Social Security Act to include within the definition of "rural health clinic services," on the same basis as services furnished by a physician assistant or a nurse practitioner, services furnished by a psychologist.
United States · United States Congress · 29 July 1987
Amends the Internal Revenue Code to allow rural telephone and electric cooperatives to exclude allocations in the nature of patronage dividends when determining net book income for purposes of the minimum tax.
United States · United States Congress · 28 July 1987
Voter Participation Act of 1987 - Amends the Federal Election Campaign Act of 1971 to allow an individual who is otherwise eligible to vote in a Federal election to register to vote in such election by submitting a registration form, in person or by mail, to appropriate State election officials at least 20 days before the election. Authorizes such an individual to register to vote in a Federal election at the appropriate polling place on the date of the election. Requires States to provide for maximum accessibility to registration offices and forms. Directs the Federal Election Commission to prescribe regulations to carry out this Act, taking into consideration the need for uniformity in voter registration procedures. Declares that this Act does not prevent any State from providing greater access to voter registration.
United States · United States Congress · 28 July 1987
Expresses the sense of the Congress that the President should instruct the Permanent Representative of the United States to the United Nations to urge the Secretary General and Security Council to: (1) permit nonbelligerent ships in the Persian Gulf to fly the United Nations flag if such ships submit to inspection by United Nations observers to guarantee that no war material is being carried; (2) authorize United Nations peacekeeping vessels to escort such ships; and (3) determine what enforcement action should be taken in the event of an attack on ships under the United Nations flag. States that any such escort vessels and their crews should be provided by countries other than the Soviet Union and the United States.
United States · United States Congress · 27 July 1987
Literacy Corps Assistance Act of 1987 - Authorizes the Secretary of Education to make grants to institutions of higher education for up to two years to carry out literacy corps programs. Authorizes use of funds under this Act for: (1) grants to institutions of higher education for institutional participation costs and student coordinator stipends in the Literacy Corps Program; and (2) technical assistance, information collection and dissemination, and evaluation. Limits to $50,000 the amount of a grant to an institution of higher education. Limits to $25,000 the amount of such grant which may be expended in the first year. Sets forth grant application requirements. Requires the institution to have one or more courses of instruction for academic credit which are designed to combine the training of undergraduates in various academic departments with experience as tutors. Requires such individuals, as a condition of receiving credit in such course, to perform at least six hours of voluntary, uncompensated service each week of the academic term as a tutor in a public community agency's educational or literacy program. Requires that such tutoring service be under the supervision of qualified personnel. Requires the institution to demonstrate that it has participated in community service activities, including the use of a portion of its work study program allotment for community service learning, or the conduct of a cooperative education program. Allows a waiver of such institutional community service requirement if the institution has conducted another significant program involving community outreach and service, or its prior failure will not impede its ability to engage in necessary outreach efforts, and it will use a portion of any work-study program allotment it receives for community service learning programs. Authorizes the Secretary, directly or by other arrangement, to: (1) provide technical assistance to grant recipients; (2) collect and disseminate information on programs under this Act; and (3) evaluate and report on such programs. Authorizes appropriations to carry out this Act for FY 1988 and thereafter, but limits such authorization to two fiscal years.
United States · United States Congress · 23 July 1987
Elephant Protection Act - Directs the President to propose to the Convention on International Trade in Endangered Species that all trade in elephant products be suspended until accurate data demonstrate the stability of healthy elephant populations. Prohibits the knowing import, export, or sale of such products by any person subject to U.S. jurisdiction. Directs the Secretary of the Interior to administer this Act. Authorizes exceptions for scientific or survival purposes. Establishes civil and criminal penalties for violations of this Act. Grants enforcement authority to the Secretary, the Secretary of the Treasury, and the Coast Guard. Subjects to forfeiture items possessed, sold, shipped, received, imported, exported, or carried in violation of this Act and vehicles used to aid such activities. Authorizes the charging of permit fees. Authorizes citizen suits to enforce this Act. Preempts State law.
United States · United States Congress · 23 July 1987
Abandoned Infants Assistance Act of 1987 - Directs the Secretary of Health and Human Services to make grants to local governments to support projects to: (1) demonstrate methods of providing incentives to encourage families or qualified community-based organizations to provide foster care for infants abandoned in hospitals, particularly infants with acquired immune deficiency syndrome (AIDS); and (2) train foster care personnel and other appropriate individuals to provide for the special needs of infants exposed to drugs and infants with AIDS. Directs the Secretary to make grants to local governments to support the establishment of respite homes for infants abandoned in hospitals, including infants with AIDS. Gives priority for such grants to local governments with jurisdiction over areas in which there is the greatest need for such homes. Sets forth grant application requirements. Directs the Secretary, within six months after the enactment of this Act, to report to the Congress on: (1) the number of infants abandoned in hospitals in the United States and the number of such infants with AIDS; (2) the annual costs incurred by Federal, State, and local governments to provide housing and care for such infants. Authorizes appropriations for FY 1988 through 1990.
United States · United States Congress · 23 July 1987
Amends the Head Start Act to prohibit the Secretary of Health and Human Services from excluding from eligibility to receive discretionary payments any Head Start agency that then serves less than one-third of the children eligible to participate in its Head Start program.
United States · United States Congress · 23 July 1987
Amends the Federal criminal code to provide individuals who are subjects of grand jury investigations the opportunity to testify. Allows any individual with respect to whom a felon or party to a plea bargain testifies the right to require that the truthfulness of the witness be tested by polygraph. Requires the United States to furnish any subsequent grand jury (where an indictment was not returned by an earlier grand jury) with: (1) a full description of the action of the earlier grand jury; and (2) all exculpatory evidence presented to the earlier grand jury.
United States · United States Congress · 22 July 1987
Taxpayers' Right to Know Act - Amends the Internal Revenue Code to require the Secretary of the Treasury to include on the first page of instruction booklets for filing individual income tax returns a pie-shaped graph depicting the relative sizes of the following categories of Federal outlay for the immediately preceding fiscal year: (1) defense, veterans, and foreign affairs; (2) Social Security, medicare, and other retirement; (3) physical, human, and community development; (4) social programs; (5) law enforcement and general government; and (6) interest on the debt. Requires a corresponding pie-shaped graph illustrating income from: (1) Social Security, medicare, unemployment, and other retirement taxes; (2) personal income taxes; (3) corporate income taxes; (4) borrowing to cover the deficit; and (5) excise, customs, estate, gift, and miscellaneous taxes. Requires specified footnotes to the graph depicting major outlay categories.
United States · United States Congress · 22 July 1987
Designates October 1, 1987, as National Medical Research Day.
United States · United States Congress · 21 July 1987
Designates October 15, 1987, as National Safety Belt Use Day. Authorizes and requests the President to issue a proclamation calling on the people to wear safety belts and have their children use child safety seats, and encouraging public safety and law enforcement agencies to promote these devices.
United States · United States Congress · 21 July 1987
Designates the week beginning April 3, 1988, as National School Psychologist Week.
United States · United States Congress · 20 July 1987
Minority Small Business Development Act of 1987 - Amends the Small Business Act to provide that the minimum period of participation by a small business in the small business and capital ownership development program or the program providing for Government procurement through Small Business Administration subcontracts with socially and economically disadvantaged small businesses (set-aside program) shall be ten years. Authorizes Federal agencies to honor options and modifications to procurement contracts with the Small Business Administration if they are within the scope of work of the contract made when the contractor participated in the set-aside program and otherwise was eligible to enter into the contract. Ends the requirement for the Administration to participate in contracting activities relating to options or modifications following graduation from the set-aside program. Allows the procuring agency and the firm to enter directly into such options or modifications. Allows businesses that participated in the set-aside program and remain minority owned after graduation to, on a negotiated procurement basis, contract directly with procuring agencies for new contracts involving the same activities as the incumbent contract for up to three years. Provides that standards restricting set-aside program support to a limited number of industrial classification codes in an approved business plan will not apply to small businesses applying for such program. Prohibits using the gross receipts or employment of a business attributable to the performance of a contract awarded under the set-aside program to determine the size of such concern for any program under the Small Business Act or the Small Business Investment Act of 1958. Prohibits the Administration from imposing any limitation on sales by any small business that exceeds levels approved under the business plan submitted by such concern. Requires each Federal agency with procurement powers to increase the number and dollar value of contracts awarded to small businesses under the Small Business Act for three fiscal years beginning after the date of enactment of this Act above the number and dollar value applicable for FY 1987. Provides that if at the end of FY 1988 the number and dollar value of contracts awarded have not increased, the interim rule implementing the goal of awarding five percent of Department of Defense contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals, historically black colleges, and minority institutions (the minority contract goal) will be suspended until there is an increase. Requires the Administration to establish regulations for prompt, simultaneous processing of applications for certification into the set-aside program. Provides that six months after submitting appropriate forms to the Administration an applicant will be certified, unless the applicant has been rejected for a valid reason. Deems a contract to be approved unless within ten days after its submission to the Administration the Administration has an objection for a specific, valid reason. Requires the head of each Federal agency to provide in the performance appraisal of contracting officers that a critical factor will be their performance in satisfying the minority set-aside objectives and the utilization of the negotiated procurement program for the minority set-aside program. Requires the head of each Federal agency to establish procedures for contracting officers to: (1) set goals for the agency's prime contractors in awarding subcontracts to firms owned and controlled by socially and economically disadvantaged individuals with a minimum goal of five percent for a solicitation of an offer which may exceed $1,000,000 for the construction of any public facility and $500,000 for all other contracts; and (2) provide incentives for such firms to facilitate achievement of the agency's minority set-aside program objectives. Sets forth provisions governing the determination of a fair market price for a procurement requirement under the set-aside program. Provides that for a new procurement requirement or one lacking a satisfactory procurement history, the estimate of a current fair market price will be derived from a price or cost analysis conducted by the agency offering the requirement to the Administration. Provides that for a procurement requirement with a satisfactory procurement history, the estimate of a current fair market price will be formulated by the agency offering the requirement to the Administration and will be based on recent award prices adjusted to insure comparability. Provides that socially and economically disadvantaged small businesses are entitled to: (1) a written statement detailing the method used by the agency to estimate the current fair market price for such contract; and (2) the right to protest the use of such method to the Administrator, who must render a decision in ten days. Provides that the director of each agency's Office of Small and Disadvantaged Business Utilization will decide under which small business set-aside program a particular procurement will be administered. Directs contracting officers to require all firms submitting proposals for Department of Defense contracts to include representations and warranties that: (1) the concern is at least 51 percent owned by socially and economically disadvantaged individuals; (2) such individuals manage the concern on a daily basis; and (3) the concern is under the size standards established by the Administration. Requires the Administration to issue regulations providing for discovery to an appeal pertaining to the Department of Defense minority contract goal provisions. Provides that the Department of Defense's prenegotiation profit objectives shall not apply to small businesses. Requires that if the Department of Defense does not meet the contract goal for minorities by the end of FY 1989, it will become a mandatory requirement. Renames the set-aside program as the negotiated procurement program.
United States · United States Congress · 15 July 1987
Amends the Federal judicial code to prohibit States from: (1) imposing a higher tax assessment ratio upon natural gas transmission property than is imposed upon other commercial and industrial property; (2) collecting an ad valorem property tax on natural gas transmission property at a tax rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; and (3) imposing any other tax that discriminates against a natural gas company subject to the jurisdiction of the Federal Energy Regulatory Commission. Grants Federal district courts concurrent jurisdiction (without regard to the amount in controversy or the citizenship of the parties) to enjoin, suspend, restrain, or set aside such discriminatory tax treatment. Permits relief only if the ratio of assessed value to true market value of natural gas transmission property exceeds by at least five percent that of other commercial and industrial property in the taxing jurisdiction. Expresses the sense of the Congress that any savings accrued by reason of the enactment of this Act should be passed on to consumers.
United States · United States Congress · 15 July 1987
United States Secret Service Uniformed Division Salary Adjustment Act of 1987 - Amends the District of Columbia Police and Firemen's Salary Act of 1958 to increase the salary of members of the United States Secret Service Uniformed Division. Increases the following benefits for such members: service steps, premium pay, technician's pay, clothing allowances, and service longevity compensation.
United States · United States Congress · 15 July 1987
United States Park Police Salary Adjustment Act of 1987 - Amends the District of Columbia Police and Firemen's Salary Act of 1958 to increase the salary of members of the United States Park Police. Increases the following benefits for such members: service steps, premium pay, technician's pay, clothing allowances, and service longevity compensation.
United States · United States Congress · 15 July 1987
Title I: Trade and Technology Policy - Subtitle A: Department of Industry and Technology - Part I: General Provisions - Economic Competitiveness, International Trade, and Technology Development Act of 1987 - Sets forth congressional findings with respect to U.S. international competitiveness. Part II: Establishment and Organization - Establishes the Department of Industry and Technology (Department) as an executive department which shall be administered by a Secretary of Industry and Technology (Secretary). Provides for the appointment by the President of the Secretary and a Deputy Secretary of Industry and Technology. Sets forth the functions of the Secretary, including: (1) to seek and promote new opportunities for U.S. products in the world marketplace; (2) to assist U.S. businesses in developing export markets; and (3) to develop programs to promote U.S. international economic and technology policy. Establishes within the Department the Office of Under Secretary for Industry. Provides that such office shall be administered by the Under Secretary of Industry and Technology for Industry. Declares that such office shall be composed of: (1) the Office of Economic Analysis; (2) the Office of Trade Development; (3) the United States and Foreign Commercial Service; (4) the Office of Economic Development; (5) the Bureau of the Census; (6) the Minority Business Development Agency; (7) the Office of Small Business Trade Remedy Assistance; (8) the Office of the Chief Economist; and (9) the Office of Strategic Resources. Provides for the establishment of such offices and the transfer to such offices of specified functions of the Department of Commerce and the United States International Trade Commission. Establishes within the Department the Office of the Under Secretary for Technology. Provides that such office shall be administered by the Under Secretary of Industry and Technology for Technology. Declares that such office shall be composed of: (1) the Advanced Civilian Technology Agency; (2) the Office of Technology Information; (3) the Patent and Trademark Office; (4) the National Bureau of Standards; and (5) the Office of Communications and Information. Provides for the establishment of such offices and the transfer to such offices of specified functions of the Department of Commerce. Establishes within the Office of Technology Information the National Technical Information Service and the Office of International Technology Monitoring. Establishes within the Department the United States Travel and Tourism Administration and the National Oceanic and Atmospheric Administration. Requires the appointment within the Department of two additional Assistant Secretaries of Industry and Technology, a General Counsel, and an Inspector General. Part III: Advanced Civilian Technology Agency - Establishes within the Department the Advanced Civilian Technology Agency. Provides that such Agency shall be administered by an Administrator. Sets forth the functions of such Agency. Establishes within such Agency the National Advanced Civilian Technology Advisory Board to provide advice on agency activities and programs to the Secretary, the Under Secretary of Industry and Technology for Technology, and the Administrator. Authorizes the Secretary, through the Administrator, to make grants and enter into contracts and cooperative agreements with research and development organizations to support long-term projects for: (1) research and development of new or advanced technology for the private sector of the U.S. economy; and (2) research concerning the commercial adaptation of such technology. Sets forth requirements with respect to such grants and contracts. Authorizes appropriations for FY 1989 through 1991. Part IV: Transfers to the Department - Transfers functions of the Department of Commerce and of the Trade Remedy Assistance Office of the International Trade Commission to the Secretary. Part V: Administrative Provisions - Sets forth administrative provisions dealing with: (1) Department of Industry and Technology personnel; (2) the power of the Secretary to delegate functions; (3) the succession of officers within the Department; (4) the authority of the Secretary to reorganize the Department; (5) the authority of the Secretary to issue rules and regulations; (6) the establishment of a working capital fund for the Department; and (7) other administrative matters. Requires the Secretary to submit a report to the President for transmission to the Congress. Sets forth conforming amendments. Subtitle B: Trade Functions - Part I: General Provisions - Establishes as an independent agency the United States Trade Administration (Administration) which shall be headed by the United States Trade Representative (USTR). Provides for the appointment of four Deputy USTRs. Establishes within the Administration the Office of Trade Enforcement Programs. Provides that such Office shall be headed by the Director of Trade Enforcement Programs. Provides for the appointment of a General Counsel and a Chief Textile Negotiator for the Administration. Establishes within the Executive Office of the President the Office of Trade Policy Coordination. Provides that such office shall be headed by the USTR. Sets forth the functions of the Administration. Expresses the sense of the Congress that the USTR shall: (1) be the senior representative on any body that the President may establish for providing the President advice on international trade; and (2) be included as a participant in all international economic summits. Transfers the Office of the USTR, including all functions performed by the USTR, to the USTR appointed under the Administration. Transfers all functions of the Secretary of Commerce relating to trade to the USTR. Part II: Administrative Provisions - Sets forth provisions dealing with: (1) personnel issues; (2) the power of the USTR to delegate functions; (3) succession of officers within the Administration; (4) the authority of the USTR to reorganize the Administration; (5) the authority of the USTR to issue rules and regulations; (6) the establishment of a working capital fund for the Administration; and (7) other administrative matters. Requires the USTR to submit a report to the President for transmission to the Congress. Subtitle C: Economic Policy Council - Directs the President to establish the Economic Policy Council (Council) within the Executive Office of the President. Declares that the Council shall advise the President on national and international economic policies. Subtitle D: Transitional, Savings, and Conforming Provisions - Sets forth transitional, savings, and conforming provisions relating to changes made by this Act. Terminates the Department of Commerce and the Office of the USTR in the Executive Office of the President. Authorizes appropriations. Title II: Interagency Committees and Commissions - Subtitle A: Council on Economic Competitiveness - Part I: Establishment of Council - Establishes as an independent agency the Council on Economic Competitiveness. Sets forth the duties of the Council, including to: (1) collect and provide information concerning U.S. economic competitiveness; (2) serve as a clearinghouse that identifies and monitors Federal, State, and local programs devised to increase U.S. competitiveness; and (3) report annually to the President and the Congress on the ability of the United States to be internationally competitive. Provides that the principal administrative officer of the Council shall be an Executive Director, who shall be appointed by such Council. Sets forth the powers of the Council. Requires the Council, at the request of the President or the leaders of the House or Senate, to consult with the President on issues related to U.S. economic competitiveness. Authorizes the Council to convene industry sector competitiveness subcouncils which shall encourage U.S. industries to become competitive. Requires the Council to monitor the effect of international trade and foreign activities in science and technology on U.S. industries. Requires the Council to transmit a report to the Congress and to the President containing Council recommendations for changes in Federal policy necessary to implement competitiveness policies. Requires the Council to transmit annually to the President and to the Congress a report setting forth the goals to achieve a more competitive U.S. economy. Authorizes appropriations for FY 1988. Part II: Budget Impact on Competition - Requires the President to include in the annual Federal budget submitted to the Congress for FY 1989 through 1992 an analysis by the Office of Management and Budget of the budget's impact on the economic competitiveness of U.S. business and the U.S. balance of payments, including projections, based upon the best information available at the time, for Government borrowing, domestic savings, private domestic investment, the merchandise trade and current accounts, and foreign indebtedness. Amends the Congressional Budget Act of 1974 to require that a similar analysis, prepared after consultation with the Director of the Congressional Budget Office, be included in the report of the Committee on the Budget of each House of Congress which accompanies each concurrent resolution on the budget for FY 1989 through 1992. Subtitle B: National Trade Data Bank - Establishes the National Trade Data Committee. Sets forth the functions of the Committee, including to: (1) formulate and implement an economic and trade information policy to assure the timely collection of data on trends in international economics and trade; (2) direct the Secretary of Commerce to establish a National Trade Data Bank to provide the private sector and Government officials with economic and trade data for policymaking and export promotion; (3) formulate policies to encourage international organizations and foreign countries to adopt systems to report foreign trade statistics; and (4) present recommendations to the Congress concerning changes needed to improve the accuracy of U.S. trade information. Requires the Secretary of Commerce, after receiving instructions from the Committee, to establish and manage the Data Bank. Subtitle C: Financial Acquisitions Review - Financial Acquisitions Review Act of 1987 - Sets forth congressional findings with respect to U.S. financial institutions conducting business in foreign countries. Establishes the Interagency Financial Acquisitions Review Board (Board) as an independent agency. Requires the Board to review any proposed foreign acquisition of a U.S. business that provides financial services. Sets forth the powers of the Board. Authorizes appropriations. Subtitle D: Commission on United States Trade in the 1990's - Establishes the Commission on United States Trade in the 1990's. Requires the Commission to study and make recommendations concerning U.S. international trade and export practices. Terminates the Commission on January 1, 1989. Authorizes appropriations for FY 1988 and 1989. Subtitle E: Studies - Requires the Secretary of Commerce to conduct annually a study to: (1) identify U.S. barriers to U.S. exports; (2) estimate the increased value of U.S. export that would result from the elimination of such barriers; and (3) examine national security concerns with respect to such barriers. Requires the Secretary of Commerce to submit an annual report to the Congress on such study. Requires the Secretary of Commerce to conduct a study to determine the labor and physical resource needs of: (1) the U.S. economy; (2) critical technologies; and (3) emerging technologies. Requires the Secretary of Commerce to conduct a study to determine the relationship between the manufacturing base and other commercial activity, especially in the area of services of high technology. Requires the Board of Governors of the Federal Reserve System to conduct an annual study to determine the impact on the domestic and foreign competitiveness of U.S. firms caused by the financial and regulatory systems (including antitrust laws) of those foreign countries which engage in practices that constitute barriers to trade or distortions of trade. Subtitle F: Interagency Coordinating Committee on Federal Participation in Sematech - Interagency Coordinating Committee on Federal Participation in Sematech Act of 1987 - Establishes the Interagency Coordinating Committee on Federal Participation in Sematech and an Advisory Council on Federal Participation in Sematech. Defines "Sematech" as a consortium of United States semiconductor manufacturers, materials manufacturers, equipment manufacturers, academic institutions, and Federal agencies, established for the purpose of: (1) conducting research concerning advanced semiconductor manufacturing techniques; and (2) developing techniques to adapt manufacturing expertise to a variety of semiconductor products. Requires the Committee, within 90 days after enactment of this Act, to report to the Congress its recommendations about whether the Federal Government should participate in Sematech. Specifies the contents of a favorable report. Outlines the duties of the Committee should a majority vote to support Federal participation. Requires the provision of grants and other financial assistance to Sematech in such an event, but limits the Federal share of costs to 50 percent. Makes the Committee a liaison between Federal agencies and private participants in Sematech. Directs the Committee to require Sematech to submit annual reports and provide for biennial audits. Authorizes appropriations for FY 1988 through 1992. Subtitle G: State Job Bank Systems; Pension Study - Amends the Job Training Partnership Act to require the Secretary of Labor to make funds available through the United States Employment Service for the development of State job bank systems. Authorizes appropriations for FY 1988. Requires the Secretary of Labor to commence a study of the feasibility of providing portability for pensions and health benefits for dislocated workers. Authorizes appropriations. Subtitle H: Committee on Symmetrical Access to Technological Research - Establishes the Committee on Symmetrical Access to Technological Research. Sets forth the functions of the Committee, including to: (1) study the general concept of symmetrical access, which is the availability of equally valued technological knowledge and research across countries; (2) construct a description of the degree of symmetrical access between the United States and its major trading partners; and (3) recommend negotiating goals for the U.S. Trade Representative to follow in negotiations with foreign countries which are designed to increase symmetrical access between the United States and such countries.
United States · United States Congress · 15 July 1987
Federal Constitutional Convention Applications Act - Requires an application by a State for a constitutional convention to contain a certified resolution which requests a convention for: (1) the general purpose of considering amendments to the Constitution; or (2) consideration of amendments to the Constitution relating to one or more specified subjects. Sets forth a procedure for States in the adoption or rescission of a resolution requesting the calling of a convention. Provides for the transmittal of an application to the congressional committees on the Judiciary and for its printing in the Congressional Record. Declares that an application is effective for seven years after the date it is printed in the Record. Requires that both Houses of Congress agree to a concurrent resolution calling for a convention whenever they determine that at least two-thirds of the States have submitted valid applications for the calling of a constitutional convention upon the same subject.
United States · United States Congress · 14 July 1987
Designates November 15 through November 22, 1987, as National Arts Week.
United States · United States Congress · 13 July 1987
Designates the week of September 13 through September 19, 1987, as National Reye's Syndrome Awareness Week.
United States · United States Congress · 9 July 1987
Directs the Administrator of General Services to convey specified lands in the District of Columbia to the Columbia Hospital for Women. Requires that such lands be used for medical purposes. Retains to the United States the right to use the building and parking lot on such lands until the Hospital provides one-year notice of its need for such facilities.
United States · United States Congress · 9 July 1987
Agricultural Prompt Payment Act of 1987 - Directs the Secretary of Agriculture to pay interest on any payment to a producer, rancher, or farmer under the Agricultural Act of 1949 or the conservation acreage reserve program when such a payment is not made within ten days of its due date. Directs the Secretary to include a required payment date in each contract entered into after this Act's enactment with respect to the affected programs.
United States · United States Congress · 8 July 1987
Fraud Victims Restitution Act of 1987 - Amends the Federal criminal code to provide for the criminal and civil forfeiture of the proceeds of mail and wire fraud violations. Makes the forfeiture procedures of the Controlled Substances Act applicable to forfeitures under this Act. Permits courts to order the forfeiture of substitute assets if the property subject to forfeiture under this Act: (1) cannot be located; (2) has been transferred to a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property. Sets forth procedures for the seizure of property subject to forfeiture. Sets forth procedures and rules for the disposition of forfeited property (first making the property and proceeds available to reimburse the victims).
United States · United States Congress · 8 July 1987
Designates the week of February 21 to February 27, 1988, as National Visiting Nurse Associations Week.
United States · United States Congress · 1 July 1987
Uniform Regulatory Jurisdiction Act of 1987 - Provides that the rates and charges for natural gas transportation in a service area determined by the Federal Energy Regulatory Commission shall be regulated by the State commission in the State in which the gas is consumed if that is the election of the person transporting such gas.
United States · United States Congress · 1 July 1987
Veal Calf Protection Act - Prohibits a person who raises a calf used for veal production from: (1) keeping the calf in an enclosure (other than for transportation or innoculation purposes) that prevents normal postural adjustments or physical contact with other calves; and (2) feeding a calf more than two weeks old food that does not meet standards prescribed by the Secretary of Agriculture. Makes it unlawful for a person to knowingly transport, sell, or purchase a calf subjected to these prohibited practices. Fixes a $5,000 per animal penalty with respect to violations. Directs the Secretary to issue rules with specified contents concerning calf food standards. Permits any person who suffers or would suffer injury as a result of violations under this Act to bring a civil action to either obtain injunctive relief or compel enforcement of this Act's provisions. Entitles a person bringing an action that results in imposition of a penalty to one-half of the penalty amount.
United States · United States Congress · 1 July 1987
Economic Bill of Rights Act - Lists certain recognized economic rights of Americans (along with specified legislation deemed necessary to assure such rights), which include: (1) the right to useful paid employment; (2) the right to earn enough to provide an adequate living; (3) the right of every farmer to raise and sell agricultural products at a return which will provide a decent family living; (4) the right of every business to trade in an atmosphere of freedom from unfair competition; (5) the right of every family to a decent home; (6) the right to adequate medical care; (7) the right to adequate protection from the economic fears of old age, sickness, accident, and unemployment; and (8) the right to a good education. Directs the President to transmit to the Congress a staged program to establish conditions under which the rights set forth in this Act may be secured. Requires all Federal departments, agencies, and commissions to plan and carry out their programs in a manner designed to establish and maintain conditions under which such rights may be secured. Requires the Joint Economic Committee to monitor the actions taken under this Act and report its conclusions to the Congress. Establishes the Commission on Economic Rights to: (1) promote education and public discussion of the economic rights set forth in this Act; and (2) study the extent to which new conditions and problems require extensions of or amendments to such rights. Directs the Commission to report to the Congress and the President within two years of enactment of this Act. Directs the President to submit a budget request necessary to enable the Commission to carry out its work.
United States · United States Congress · 1 July 1987
Designates a portion of the George Washington Memorial Parkway between Maryland and the District of Columbia as the Clara Barton Parkway.
United States · United States Congress · 1 July 1987
Chemical and Biological Weapons Nonproliferation Act - States the findings of the Congress and declares the policy of the United States concerning chemical and biological weapons. Requires the Secretary of Commerce to issue such regulations, licenses, and orders as may be required to control the export of materials, equipment, and technology having significance for the manufacture or use of chemical and biological weapons. Makes subject to the penalties imposed by the Export Administration Act of 1979 any person who violates any regulation, license, or order issued by the Secretary. Requires the Secretary of State to assess the risk of the proliferation of chemical and biological weapons. Specifies particular matters to be considered by such assessment and specifies that such assessment shall give particular attention to the materials, equipment, and technology that have direct significance for the production and use of chemical and biological weapons. Requires the Secretary of State to submit to the Congress a biannual report describing the status of: (1) control of the proliferation of chemical and biological weapons; (2) efforts to prevent the spread of such weapons; and (3) programs to control the export of materials, equipment, and technology having direct significance for the production of chemical and biological weapons. Requires the Secretary of State to establish a Chemical Industry Advisory Group to provide advice to the Secretary concerning such assessment and such biannual report. Requires to Secretary of State to inform the appropriate committees of the Congress of developments of significance to the proliferation and control of chemical and biological weapons.
United States · United States Congress · 1 July 1987
Designates the week beginning November 15, 1987, as African American Education Week. Authorizes and requests the President to issue a proclamation calling upon: (1) the Department of Education and State and local governments to support activities observing such week; (2) schools and communities with African Americans to demonstrate their commitment to the education of African Americans; and (3) community organizations to intensify their support of academic excellence by African Americans.
United States · United States Congress · 1 July 1987
Designates October 2, 1988, as a national day of recognition for Mohandas K. Gandhi.
United States · United States Congress · 30 June 1987
Satellite Home Viewer Copyright Act of 1987 - Amends the copyright law to require statutory licensing of secondary transmissions of a primary transmission made by a superstation if such secondary transmission is made by a satellite carrier to the public (or to a distributor to the public) for private viewing for a charge. Prohibits the carrier from altering such transmission or discriminating against a distributor. Requires the satellite carrier to deposit semiannually with the Register of Copyrights both royalty fees and a statement of account. Requires distribution of such fees to copyright owners according to the accounting and specified procedures. Requires the Copyright Royalty Tribunal to conduct a proceeding to determine distribution if a controversy exists. Requires voluntary negotiation of fees or fees set by compulsory arbitration if no voluntary agreement is filed with the Copyright Office. Authorizes judicial review of decisions of the Tribunal concerning the adoption or rejection of the arbitration. Terminates this Act on December 31, 1995.
United States · United States Congress · 30 June 1987
Ozone Protection and CFC Reduction Act of 1987 - Amends the Internal Revenue Code to impose an excise tax on: (1) any ozone-depleting chemical sold or used by its manufacturer, producer, or importer; and (2) any substance sold or used by its importer if its manufacture or production included the use of any ozone-depleting chemical. Fixes the rate of such tax at an amount equal to a base amount, adjusted annually for inflation, times the ozone-depletion factor for the pertinent chemical, as determined in accordance with this Act. Describes the criteria to be used for determining which substances will be considered as ozone-depleting chemicals for purposes of the excise tax. Lists specific chlorofluorocarbons to be included among such chemicals. Exempts from the tax: (1) certain products containing a de minimis amount of ozone-depleting chemicals; and (2) chemicals diverted or recovered in the United States as part of a recycling process. Imposes a floor stocks tax on ozone-depleting chemicals: (1) on which tax would be due if sold by the manufacturer on the effective date of the tax; and (2) which are held on such date for sale by a dealer. Sets the amount of such inventory tax to equal the excise tax amount.
United States · United States Congress · 30 June 1987
Designates the week beginning September 6, 1987, as National Pedestrian Safety Week.
United States · United States Congress · 29 June 1987
Telecommunications Employees' Protection Act of 1987 - Amends the Communications Act of 1934 to establish certain reemployment rights for employees who have lost employment as a consequence of the divestiture of the Bell system. Requires, to the extent that the dominant long distance common carrier (AT&T), the regional common carriers, the Bell operating companies, or their respective subsidiaries and affiliates (all of which shall be called the "telecommunications companies") continue to need the work of eligible protected positions performed, that such work be performed by employees of such companies. Requires the telecommunications companies (after any appropriate seniority, layoff and recall, or force adjustment provisions in applicable collective bargaining agreements have been satisfied) to afford to eligible protected employees the first right of hire for any eligible protected positions for which they are qualified by training and experience over any persons who have not theretofore been employees of such companies. Defines eligible protected employee as one who on December 31, 1983, was serving in an eligible position as an employee of one of the telecommunications companies, and who has been or is laid off or terminated for other than cause. Requires the telecommunications companies to credit eligible protected employees as possessing the training and experience they would normally have acquired in their former position had they not been laid off or terminated since December 31, 1983. Makes service credit the basis of selection if training and experience are substantially equal. Provides that, upon rehire, an eligible protected employee shall be subject to any seniority, layoff and recall, or force adjustment provisions contained in any applicable collective bargaining agreements. Requires the monthly listing of eligible protected positions in an available and accessible manner. Requires the telecommunications company which laid off or terminated them to pay moving expenses and certain reimbursement payments to eligible protected employees who must relocate in order to fill eligible protected positions. Provides for a certain base wage upon rehiring of an eligible protected employee. Provides for civil enforcement of this Act in a U.S. district court.
United States · United States Congress · 26 June 1987
Authorizes the Secretary of Labor, in the case of any individual discharged or dismissed from the armed forces under conditions other than honorable to consider an application for, and issuance to such person of, an an Exemplary Rehabilitation Certificate, if it is established that such person has rehabilitated himself, that his character is good, and that his conduct, activities, and habits since he was discharged or dismissed have been exemplary for a reasonable period of time, but not less than three years. Directs the Secretary to supply to the Secretary of Defense a copy of each such certificate which is issued, and requires the Secretary of Defense to place such certificate in the military personnel record of the individual to whom the certificate is issued. Permits the use of both oral and written evidence in the determination of the appropriateness of the certificate, including an appearance in person before the Secretary of Labor by the individual being considered. Provides that no military or veterans' benefits shall accrue to an individual receiving such a certificate, unless the individual was previously eligible for such benefits under his original discharge or dismissal. Directs the Secretary of Labor to ensure that public employment offices accord to any person so discharged or dismissed but receiving an Exemplary Rehabilitation Certificate special counseling and job development assistance. Directs the Secretary of Labor, no later than January 15 of each year, to report to the Congress the number of cases reviewed under this Act and the number of certificates issued. Authorizes the Secretary to issue regulations, delegate authority, or utilize the services of the Office of Personnel Management in carrying out this Act.
United States · United States Congress · 25 June 1987
Hazardous Waste Reduction Act - Requires filings of the annual toxic chemical release forms required under the Superfund Amendments and Reauthorization Act of 1986 to include a toxic chemical waste reduction and recycling report for each listed toxic chemical for the preceding calendar year. Requires such report to include information on a facility-by-facility basis as to the amounts and disposition of each toxic chemical, including levels of waste reduction and recycling achieved and expected. Requires that toxic chemical waste reduction practices be delineated according to set categories, such as equipment, redesign, and substitution of raw materials. Requires the inclusion of a production index for each toxic chemical waste and a list of techniques used to identify waste reduction opportunities. Provides protection for trade secrets. Directs the Administrator of the Environmental Protection Agency (EPA) to establish a central receiving facility at EPA for the storage and retrieval of waste management program information. Requires the Administrator to collect, coordinate, and consolidate data collection requirements under environmental statutes. Requires all such information to be compiled into a data base organized on an industry-by-industry basis according to Standard Industrial Classifications and on a waste stream basis. Directs the Administrator to establish a Waste Reduction and Recycling Clearinghouse Program to include information on approaches to waste reduction and recycling and information from States receiving grants for technical assistance programs. Requires the Clearinghouse to be actively involved in technology transfer and the development of waste reduction technologies. Requires the Administrator to make matching grants to States for innovative waste reduction programs. Requires such programs to make specific and targeted technical assistance available to businesses as well as for funding experts and research and providing training. Directs the Administrator to report annually to the Congress on the waste reduction information gathered pursuant to this Act. Requires such report to include a profile of waste reduction levels on an industry-by-industry basis and identify priorities as to industries, pollutants, and research. Establishes the Office of Waste Reduction within EPA to collect waste reduction plans and information from other EPA offices on an industry-by-industry basis, administer the clearinghouse and State grants programs, and carry out other related responsibilities including improving EPA's ability to evaluate multi-media waste management practices and the potential for waste reduction through information collection and retrieval. Authorizes appropriations.
United States · United States Congress · 25 June 1987
Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to promulgate performance standards for emissions of specified air pollutants, including particulate matter, sulfur dioxide, and lead, from new or modified municipal waste combustion units. Requires such standards to reflect the greatest degree of emission limitation achievable through application of the best available control technologies achieved in practice by similar units or contained in a State implementation plan. Makes specified technologies available, including spray dry scrubbers source separation, and catalytic oxidation. Requires initial standards to be promulgated within 12 months, in effect within 18 months, and reviewed every five years. Sets a standard of emission equivalent to that achieved by the five lowest emitting units should the Administrator fail to promulgate a standard for any of the specified pollutants. Directs the Administrator to promulgate regulations requiring existing units to meet the emissions standards promulgated under this Act according to a timetable which requires compliance at least within six years. Requires owners or operators of municipal waste combustion units to monitor emissions at the point such emissions move into the ambient air and at other points as necessary to protect human health and the environment. Sets monitoring standards, including continuous and periodic monitoring. Requires unit permits to be terminated five years after their issuance unless the Administrator or an authorized State certifies such unit's compliance with emissions requirements. Permits States to submit for Administrator approval a State program of enforcement, treating the State as the enforcing entity under this Act. Authorizes the Administrator to withdraw such authority if the State is not adequately enforcing these requirements.
United States · United States Congress · 24 June 1987
Medicare Long-Term Home Care Catastrophic Protection Act of 1987 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide part A coverage of long-term home care furnished through home health agencies to chronically ill individuals who are under a physician's care. Requires physicians to establish and periodically review a written plan of long-term home care for each of their patients who receive such coverage. Lists the services which comprise long-term home care. Defines a "chronically ill individual" as an individual who requires assistance with at least two daily living activities or has a similar level of dependency due to cognitive impairment. Holds monthly payments for long-term home care to 75 percent of the average monthly payment under the Medicaid program (title XIX of the Act) for skilled nursing facility services. Amends title II (Old Age, Survivors and Disability Insurance) of such Act to cover, under part A of the Medicare program, long-term home care provided to children who: (1) are chronically ill and require assistance with at least two daily living activities; or (2) require a medical device to compensate for the loss of a vital body function and substantial and ongoing nursing care to avert death or further disability. Holds monthly payments for the latter category of children to the amount which would be payable under the Medicaid program if such children were institutionalized. Adds a new title XXI to the Social Security Act entitled "Home Care Quality Assurance." Requires the Secretary of Health and Human Services to promulgate a home care consumers' bill of rights which includes rights: (1) facilitating consumer participation in the planning and delivery of services; (2) requiring consumer notification regarding services, charges for services, and the termination or reduction of services; (3) protecting consumer dignity, privacy, and property; and (4) ensuring service from properly trained and competent individuals. Requires home health agencies to: (1) satisfy Medicare home care agency requirements; (2) provide consumers with copies of the home care bill of rights; (3) implement grievance review procedures and provide copies of such procedures to consumers; (4) provide consumers with schedules of the services to be provided; (5) have methods for identifying and reviewing a home care consumer's needs and coordinating the provision of services with other home health agencies; (6) ensure that each home care provider whom they employ or have under contract receives training; and (7) evaluate annually and supervise each home care provider whom they employ or have under contract. Conditions coverage of durable medical equipment services on providers: (1) issuing written instructions to and training the home care consumer and staff in the operation of such equipment; and (2) formulating an emergency plan for providing services to the consumer. Directs the Secretary to establish procedures for conducting an equal number of announced and unannounced surveys of a home health agency's compliance with title XXI participation conditions, with more frequent surveys required for agencies with poor compliance records. Authorizes the Secretary to contract with States having survey procedures equivalent to those the Secretary would otherwise apply to conduct such compliance surveys and transmit their results to the Secretary annually. Directs the Secretary to develop procedures for reviewing State surveys, with more frequent review required if peer review organizations (PROs) find at least ten percent of State-surveyed agencies to have serious or chronic quality of care problems. Directs the Secretary to promulgate regulations, within one year of this Act's enactment, pursuant to which PROs shall monitor the provision of home health services, devoting at least 75 percent of their efforts to quality assurance. Requires the inclusion of: (1) both documentary review and personal interviews of home care consumers and providers in the PRO review process; and (2) representatives of home care providers and consumers in PRO membership. Requires the Secretary to establish a Consumer Board to oversee the review activities of PROs. Directs the Board to report to the Secretary and the State's chief executive on October 1 of each year regarding such review activities. Requires the Secretary to develop methods for monitoring continuity in the provision of health care and outcome-orientated criteria for monitoring the quality of home care. Requires that PROs: (1) establish and operate statewide toll-free hotlines for receiving home care questions and complaints; and (2) assist consumers in resolving home care quality problems. Directs Consumer Boards and PROs to cooperate with State and local officials in educating consumers regarding quality assurance programs and the assistance available for consumers with quality assurance problems. Requires the Secretary to issue regulations which impose sanctions against agencies and providers failing to comply with this Act. Requires the Secretary to report to the Congress on January 1 of each year regarding the availability, adequacy, and use of sanctions. Requires the Secretary to develop incentives to contractor compliance with title XXI participation conditions, including an annual directory of home care agencies having a consistent record of compliance with such conditions. Directs the Secretary to: (1) encourage States to develop home care provider licensing and certification policies; and (2) issue a biennial report on State implementation of such policies. Establishes a Home Care Quality Assurance Council with which the Secretary must consult in implementing and administering title XXI of the Social Security Act. Directs the Secretary to award grants for home care agency and provider training programs and to furnish States and home health agencies and providers with training materials. Directs the Secretary to: (1) conduct, and issue a report regarding, studies on home care quality assurance measures; and (2) report to the Congress on January 1 of each year regarding the nature and performance during the preceding fiscal year of the home care quality assurance system. Authorizes appropriations from the Federal Hospital Insurance Trust Fund to carry out title XXI. Directs the Secretary to issue regulations by 1988 for implementing title XXI. Permits disabled individuals to purchase part A (Hospital Insurance) Medicare coverage during the 24-month waiting period preceding their entitlement to such coverage. Amends the Internal Revenue Code to subject all of an individual's wages and self-employment income to the Hospital Insurance tax.