United States · United States Congress · 18 March 1987
Establishes the Veterans Administration as an executive department redesignated as the Department of Veterans' Affairs. Makes technical and conforming changes, including the redesignation of the Administrator of Veterans Affairs as the Secretary of Veterans' Affairs.
United States · United States Congress · 18 March 1987
San Luis Rey Indian Water Rights Settlement Act - Provides for the settlement of water rights claims between the United States and the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians (California). Requires the Secretary of the Interior, upon the settlement of all water rights claims, to deliver water to the Indian Water Authority in the vicinity of the Bands' Reservations. Requires the Indian Water Authority to reimburse the United States for operational and maintenance costs (except construction costs) incurred in the delivery of such water. Requires the Indian Water Authority to pay costs associated with the conveyance of such water through non-Federal facilities. Prohibits the Secretary from being obligated to deliver such water if: (1) such delivery would require the construction of new Federal facilities; (2) consent is denied for the use of non-Federal facilities; or (3) necessary contracts have not been executed. Requires the Secretary to take the necessary steps to ensure that the delivery of such water will not result in added costs for Central Valley Project customers. Provides that no law shall require compliance with State laws governing changes in the places of use, purposes of use, or points of diversion of water under this Act in the water rights permits for the Central Valley Project. Requires the Secretary to use power from the Central Valley Project to deliver water from the Sacramento-San Joaquin Delta to the Indian Water Authority. Requires the Indian Water Authority to reimburse the United States at the project use rate for irrigation water for the operation and maintenance costs incurred in providing power for the delivery of water. Sets forth limitations on the costs of providing such power. Establishes the San Luis Rey Indian Water Authority. Provides that the Authority, upon the approval of the Secretary, may lease, sell, and manage any water or power resource on or off the reservations of the Bands. Authorizes the Secretary to lease, grant rights-of-way across, or transfer title to any Indian tribal or allotted land which is used to divert, convey, and store the waters of the San Luis Rey River for the local entities, including the Rincon and Bear Valley powerplants.
United States · United States Congress · 18 March 1987
Expresses the sense of the Congress that the President should express to the Soviet Union the U.S. opposition to the Soviet Union's slave labor policies by all possible means, including refusing to permit imports of products made by such labor. Requests the President to end the delay in enforcing the restriction against importing goods produced by forced labor.
United States · United States Congress · 17 March 1987
Small Business Prompt Payment Act Amendments of 1987 - Revises Federal law to deem the head of a Federal agency to have received an invoice on the later of: (1) the date on which the designated office or employee of an agency actually receives it; or (2) the fifth day after the date on which a property is actually delivered, or final performance of a service is actually completed, unless the contract specifies otherwise. Makes Federal prompt payment provisions applicable to the United States Postal Service. Makes the Postmaster General responsible for issuing procurement regulations, solicitation provisions, and contract clauses. Reduces the 15-day grace period for payment of interest penalties to eight days for solicitations (other than meat products and agricultural commodities) issued before October 1, 1990. Eliminates such grace period for procurement solicitations issued on or after October 1, 1990. Requires an agency to pay a double interest penalty if: (1) the agency owes the interest penalty; (2) the interest penalty is not paid to the business concern on or after the date the penalty is due; (3) the agency does not pay the penalty within ten days after such payment is made; and (4) a written demand is made within 40 days after such payment is made. Requires regulations on interest penalties, in the case of construction contracts, to provide for the payment of interest on: (1) progress payments due for more than seven days, or a longer period if the prevailing practice in private construction contracts is to provide such longer period; and (2) amounts retained during the performance of a contract, if such amounts are not paid by the required payment date. Requires regulations on interest penalties to provide for periodic payments in the case of supply or service contracts upon: (1) the submission of an invoice for supplies delivered or services performed; and (2) acceptance of supplies or services by an authorized employee or certification of performance by such an employee. Requires Government construction contractors to include a payment provision in their agreements with their subcontractors which provides for payment in accordance with prevailing industry standards. Requires the contractor to pay a late payment interest penalty to the subcontractor at the rate applicable between the prime contractor and the Government. Specifies the calculation of time for interest penalties on discount payments. Revises agency reporting requirements on interest penalty payments to include: (1) a description of agency payment practices; and (2) an analysis by the Office of Small and Disadvantaged Business Utilization for each of the various Federal agencies on the impact of such payments on small and disadvantaged businesses. Requires the Chief Counsel for Advocacy of the Small Business Administration to report to the congressional committees on Small Business on current Government compliance with the payment of interest penalties and the impact on small business. Requires the Chief Counsel to monitor the compliance of all agencies and of the Director of the Office of Management and Budget with interest penalty payments. Requires the modification of the Federal acquisition regulation to implement Federal prompt payment provisions.
United States · United States Congress · 17 March 1987
Oil Pollution Liability and Compensation Act of 1987 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Exempts from such liability certain discharges permitted under Federal law. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; or (3) a foreign government. Sets forth recovery and indemnification procedures. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund) including: (1) payment of removal costs and administrative expenses; and (2) contributions to the International Fund. Sets forth defenses to liability for such Fund and a specified maximum amount which may be paid from the Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge (or potential discharge), and to immediately notify the responsible party or guarantor of such designation. Sets forth the advertisement procedures to be followed by such a designee or guarantor. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may have entry into U.S. ports or waters denied, or have their oil cargo seized. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Conforming Amendments - Sets forth conforming amendments to certain related statutes. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Compensation Fund. Grants recognition of any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of ship-owners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Authorizes the Secretary to prescribe regulations to implement this Act, and all Federal obligations under the specified Oil Pollution Conventions.
United States · United States Congress · 17 March 1987
Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to establish a western regional office with the authority to issue export licenses.
United States · United States Congress · 16 March 1987
Emergency Energy Act of 1987 - Title I: Amendments of Internal Revenue Code of 1954 - Amends the Internal Revenue Code to allow a credit against the income tax for crude oil producers equal to the excess of an oil well's operating costs allocable to a barrel of oil over the sales price of the barrel (but in no event for more than $5.00 per barrel). Provides for a carryback of unused excess credits for any year. Allows a credit for 15 percent of the costs of exploring for oil or natural gas in the United States. Provides for a carryback of unused excess exploration cost credits. Revises the minimum tax rules to allow a taxpayer to elect to carry over any portion of a percentage depletion deduction to the succeeding taxable year. Revises the definition of intangible drilling and development costs eligible for annual deduction as business expenses when paid or incurred to include geological, geophysical, and surface casing costs paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any domestic deposit of oil or gas. Repeals the tax preference cutback which currently requires integrated oil and gas producers to reduce (and thereby capitalize) the amount of intangible drilling and development costs eligible for a tax deduction by 30 percent. Repeals the rule that limits percentage depletion for oil or gas properties to 50 percent of a taxpayer's net income from the property. Revises the rule regarding an election to treat operating mineral interests as separate properties to allow such an election without regard to whether one or more of the operating mineral interests participated, under a voluntary or compulsory unitization or pooling agreement, in a single cooperative or unit plan of operation. Repeals specified rules which currently disqualify certain properties from: (1) the percentage depletion allowance deduction; and (2) the stripper well oil exemption from the windfall profit tax. Revises the special rules for the windfall profit tax to declare that a return shall not be treated as required if the amount of windfall profit tax withheld from the purchase payment to an oil producer equals or exceeds the amount required to be withheld as shown on the first purchaser's return. (The statute of limitations on assessments for windfall profit tax liability will thus begin to run concurrently with the statute of limitations on the taxpayer's income tax return.) Limits such rule revision to returns filed after February 29, 1980. Repeals the windfall profit tax. Title II: Removal of Wellhead Price Controls and Repeal of Natural Gas Act Jurisdiction Over Certain First Sales of Natural Gas - Amends the Natural Gas Policy Act of 1978 to: (1) remove wellhead price controls over natural gas prices; (2) repeal the jurisdiction of the Federal Energy Regulatory Commission (FERC) over natural gas exempt from wellhead price controls; (3) repeal the President's standby price control authority; and (4) repeal congressional review of natural gas price controls. Title III: Repeal of Certain Restrictions on the Use of Natural Gas and Petroleum - Amends the Powerplant and Industrial Fuel Use Act of 1978 to: (1) repeal the prohibitions against the use by electric powerplants and major fuel-burning installations of petroleum and natural gas as primary energy sources: (2) remove the restrictions placed upon Federal major fuel-burning installations against the use of natural gas and petroleum as primary energy sources; and (3) repeal the guidelines for the emergency use of natural gas or petroleum as a primary energy source by any person operating a peakload powerplant or a major fuel-burning installation. Revokes the authority of the Secretary of Energy to require any major fuel-burning installation to furnish certain information regarding the use of primary energy sources of fuel. Title IV: Repeal of Incremental Pricing Requirements - Amends the Natural Gas Policy Act of 1978 to repeal the natural gas incremental pricing provisions. States that incremental pricing rules promulgated by FERC shall continue in effect only with respect to the flow-through of costs incurred before enactment of this section, including any surcharges based on such costs. Title V: Strategic Petroleum Reserve - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to fill the Strategic Petroleum Reserve only with crude oil produced in the United States. Title VI: Separability - Sets forth separability provisions.
United States · United States Congress · 12 March 1987
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require the withholding of child support payments from the non-custodial parent's wages upon the issuance or modification of a child support order. (Currently, such withholding need not occur until one month of nonpayment has elapsed.) Directs States to establish binding guidelines for child support award amounts. (Currently, such guidelines need not be binding.) Creates a rebuttable presumption that the child support award resulting from the application of such guidelines in a judicial or administrative child support proceeding is correct. Requires States to review and update all child support orders at least once every two years to ensure that they continue to comply with child support award guidelines. Gives the Federal Parent Locator Service and State child support enforcement agencies access to all employment security information in the possession or control of existing data networks. Conditions a State's eligibility for payments under titles IV or XIX (Medicaid) of the Act on its compliance with federally prescribed child support enforcement procedures.
United States · United States Congress · 12 March 1987
Defense Savings Act - Establishes the Bipartisan Commission on the Consolidation of Military Bases (the Commission) to: (1) review the military importance of all major military installations; and (2) identify which such installations can be closed or realigned without impairing the security of the United States. Outlines administrative procedures concerning membership, staff, meetings, and powers of the Commission. Directs the Commission, within 180 days after the enactment of this Act, to submit to the President, the Secretary of Defense, and each House of the Congress a final report on the findings and conclusions of the Commission. Terminates the Commission 30 days after the submission of such report. Authorizes the Secretary of Defense to take certain specified action with respect to the implementation of the Commission's recommendations.
United States · United States Congress · 12 March 1987
Competition Savings Act of 1987 - Amends the Office of Federal Procurement Policy Act to require the Federal Government to contract with the private sector for the performance of a commercial activity when the cost is lower than the cost of the performance of such activity by the Government. Requires the Director of the Office of Management and Budget to prescribe regulations for such cost comparisons. Requires the Director to publish a commercial activity inventory each fiscal year in the Federal Register. Provides that such inventory shall consist of a list of all commercial activities carried out by full-time Government employees, and the cost of such activities. Requires each executive agency to complete cost comparisons or award contracts for commercial activities which constitute 20 percent of the number of activities listed in the agency's inventory for each fiscal year, beginning with FY 1989. Specifies commercial activities which are exempt from cost comparisons and those eligible for expedited procedures. Sets forth performance deadlines after completion of cost comparisons. Requires the inclusion of cost comparison results in budget requests. Provides for judicial review of decisions resulting from cost comparisons. Makes greater reliance on private sector sources a part of Federal procurement policy.
United States · United States Congress · 12 March 1987
Auburn Dam Revival Act of 1987 - Amends Federal law regarding the Auburn-Folsom South unit, American River division, Central Valley project, California. Authorizes the Secretary of the Interior (Secretary) to build a visitor center near Auburn Dam. Requires maintenance of minimum-flow levels in the Lower American River downstream of the diversion point. Requires inclusion of a monitoring program in operations of the Auburn-Folsom South unit to report annually on the effectiveness of minimum-flow levels in protecting recreation, fish and wildlife, and scenic characteristics of the river. Allows the use of water without obligation to reimburse the United States for any impact on the Auburn-Folsom South unit, providing users comply with State water laws and give priority to the county of origin for present and future needs. Amends the Flood Control Act of 1970 to authorize the Secretary, as part of the construction of the Auburn-Folsom South unit, to relocate the southern end of the road to California Highway 193. Allows the Secretary to enter into cost-sharing agreements with non-Federal entities at varying levels for financing the unit. Prohibits the Secretary from resuming construction on the Auburn-Folsom South unit until cost-sharing agreements with non-Federal entities have been executed.
United States · United States Congress · 10 March 1987
Coal Pipeline Act of 1987 - Amends the Mineral Lands Leasing Act of 1920 to authorize a person who has secured specified water rights under applicable State law to apply to the Secretary of the Interior for certification that it is in the national interest to construct, operate, or extend a coal pipeline. Prescribes guidelines under which the Secretary will make such a certification, including the decision to grant rights-of-way across Federal lands upon such pipeline's request. Conditions such certification upon an applicant's reservation of a specified portion of total pipeline capacity for small, independent producers located in the geographic region served by such pipeline. Makes all Federal and State environmental laws applicable to the issuance or denial of such certification. Outlines the procedures for granting rights-of-way across Federal lands. Proscribes the granting of any right-of-way through lands: (1) designated as wilderness areas; (2) administered as part of the national park system; or (3) which are part of a historic site (unless there is no reasonable alternative and reasonable planning is made to minimize the harm of such site). Prohibits any person or entity (including the United States) from claiming any right or interest in water within any State for a coal pipeline unless such claim takes place under the law of the affected State. Delegates to the States all power regarding water rights for a coal pipeline in spite of any otherwise impermissible burden which may thereby be imposed upon interstate commerce. States that this Act does not: (1) impair the validity of any State law (or interstate compact) regarding any claim to water rights; (2) alter the rights of any State to its apportioned share of water under past or future allocation or interstate compact; (3) affect any Indian water rights; or (4) preempt or otherwise affect any State or Federal law or interstate compact regarding water quality or disposal. Prohibits any State acting under authority of this Act from restricting the movement through such State of water acquired in another State and within a coal pipeline. Authorizes certain persons who have received a certification from the Secretary that it is in the national interest to operate or extend a coal pipeline to acquire rights-of-way through private lands by the power of eminent domain. States this Act shall not be construed to permit any person (including the United States) to acquire any water rights through the power of eminent domain. Prohibits the acquisition of any right-of-way through the power of eminent domain if such right-of-way is upon land which is part of a historic site of national, State, or local significance, unless there is no prudent alternative and reasonable planning is made to minimize harm to such site. Provides for an antitrust review of applications for certification by the Attorney General. Sets forth certification guidelines under which the Secretary shall determine whether construction, operation, or extension of a coal pipeline is in the national interest. Requires each pipeline carrier for which a certification has been issued to provide service on reasonable request. Prohibits such carriers from unreasonably discriminating or refusing to enter into contracts with coal shippers under similar conditions in a contemporaneous period. Requires the Secretary to publish notice of coal pipeline certifications in the Federal Register. States that this Act shall not be construed to modify or preempt the ratemaking authority of any State utility regulatory agency. Requires the Secretary to establish uniform Federal standards for coal pipeline safety. Establishes penalties for failure to comply with such safety standards.
United States · United States Congress · 10 March 1987
Aircraft Collision Avoidance Act of 1987 - Amends the Federal Aviation Act of 1958 to require that civil aircraft with a maximum passenger capacity of more than 30 seats be equipped with a collision avoidance system developed by the Federal Aviation Administration (TCAS-II). Mandates that an altitude-encoding transponder be installed on each civil aircraft operating in a high traffic density area if such aircraft is not required to be equipped with the TCAS-II. Directs the Administrator of the Federal Aviation Administration to complete, as soon as possible, the research, development, and certification of the collision avoidance system known as TCAS-III. Authorizes appropriations.
United States · United States Congress · 10 March 1987
Health Protection Act of 1987 - Prohibits the consumer sales promotion of tobacco products. Directs the Federal Trade Commission to issue regulations defining acts or practices that are unlawful consumer sales promotions of tobacco products.
United States · United States Congress · 10 March 1987
Trade Expansion Act of 1987 - Title I: Trade Negotiations and Relief from Import Impacts - Sets forth the trade negotiating objectives of the United States, which include: (1) developing principles, rules, and procedures to reduce trade barriers and distortions; (2) improving the dispute settlement mechanisms and procedures of the General Agreement on Tariffs and Trade (GATT); (3) strengthening the GATT rules pertaining to subsidy practices and countervailing measures, and dumping practices and antidumping measures; and (4) establishing free trade areas with market economy countries. Expresses the sense of the Congress that the President should seek to implement agreements to achieve such objectives through the submission of treaties, rather than through the procedures of the Trade Act of 1974. Amends the Trade Act of 1974 to extend the President's nontariff barrier negotiating authority through January 3, 1993. Requires the U.S. Trade Representative to: (1) submit annual reports to specified congressional committees on such negotiations; and (2) consult with the Advisory Committee on Trade Negotiations and with private committees during the course of such negotiations. Amends the Tariff Act of 1930 to eliminate the injury requirement with regard to unlawful unfair methods of competition. Amends the Trade Act of 1974 to extend existing procedures regarding the establishment of free trade areas with countries other than Israel. (Current law requires additional procedures with regard to such countries.) Allows the President to grant antitrust relief to industries to prevent or remedy serious injuries caused by imports. Sets forth procedures for the provision of such relief. Title II: Export Controls - Amends the Export Administration Act of 1979 to declare that it shall be the policy of the United States to use export controls to restrict the export of strategic and critical materials. Provides that the authority to impose short supply export controls: (1) shall be exercised only to enable the President to carry out the Critical Materials Stock Piling Act; and (2) may not be delegated. Removes certain procedural requirements regarding the monitoring of exports. Removes restrictions regarding the export of: (1) domestically produced crude oil; (2) Alaskan North Slope Oil; and (3) unprocessed timber from Federal lands. Title III: Business Information and Confidentiality Procedures - Freedom of Information Act Amendments of 1987 - Amends the Freedom of Information Act to require agencies to promulgate regulations with regard to the procedures for: (1) designating certain business information confidential; and (2) handling requests for such confidential information. Establishes guidelines for procedures to be followed when an agency is required to notify a submitter that a request has been made for information designated (or treated) as exempt by the submitter. Describes circumstances in which an agency is not required to notify a submitter. Provides for de novo judicial review by a U.S. district court of an agency decision to withhold or disclose records. Directs the court to assess attorney's fees against a submitter where the submitter's reasons for withholding information were not substantially justified. Title IV: Business Practices and Records Act of 1987 - Business Practices and Records Act of 1987 - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments which constitute tokens of regard or esteem; (3) expenditures associated with selling, purchasing, or demonstrating goods; or (4) ordinary expenditures associated with performing a contract with a foreign government. Provides an affirmative defense where such payment or gift is lawful under the laws of the foreign official's country. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Title V: Clayton Act Amendments - Amends the Clayton Act to repeal: (1) the provision prohibiting the acquisition by one corporation of the stock of another if such acquisition substantially lessens competition or tends to create a monopoly; and (2) the requirements regarding premerger notification. States that liability for damages in private and State civil actions under the Clayton Act shall be for actual damages. (Current law provides for treble damages.) Title VI: Amendment to Cargo Preference Laws to Stimulate U.S. Agricultural Exports - Amends the Merchant Marine Act, 1936 to provide a cargo preference exemption for agricultural commodities. Provides that a specified Joint Resolution of Congress requiring Government-financed exports to be shipped in U.S. vessels shall be inapplicable to agricultural products.
United States · United States Congress · 10 March 1987
Polygraph Reform Act of 1987 - Amends the Fair Labor Standards Act of 1938 (FLSA) to add a title relating to polygraph examinations. Prohibits, except under circumstances set out in this Act, an employer from: (1) requiring or suggesting that any present or prospective employee submit to a polygraph examination for any purpose; (2) using or referring to the results of a polygraph examination of any present or prospective employee for any purpose; (3) discharging, disciplining, or denying employment or promotion to any present or prospective employee who refuses to take a polygraph test; and (4) basing the discharge, discipline, or denial of employment or promotion solely on the analysis and opinions of a polygraph examiner authorized by this Act to conduct polygraph examinations. Directs the Secretary of Labor (Secretary) to establish standards and qualifications for persons wishing to conduct polygraph examinations. Sets forth requirements that must be incorporated in such standards, including criteria relating to: (1) age and citizenship; (2) formal training and internship; (3) inquiries that may be pursued during a polygraph examination (prohibiting, for example, questions about religious, racial, or political beliefs and about sexual preferences); (4) notice to the examinee of legal rights and remedies; (5) the data recording instruments to be used during the examination; (6) limitations on the conclusions and opinions of the examiner; (7) recordkeeping; and (8) examiner bonding or professional liability insurance coverage. Limits disclosure of information obtained during a polygraph examination. Prohibits the waiver of rights and procedures provided by this Act. Directs the Secretary to issue appropriate rules and regulations and to cooperate with regional, State, and local agencies and with employers and labor unions to carry out this title. Empowers the Secretary to make investigations and to require recordkeeping in accordance with existing FLSA law. Makes applicable to this title the enforcement powers, remedies, and procedures of existing FLSA law, including statutes governing the civil liability of violator employers and injunction proceedings. Provides that amounts owing to a person as a result of a violation of this Act shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of liability determination. Limits payment of liquidated damages to instances of willful violations. Grants to the court jurisdiction to provide any appropriate legal or equitable relief, including judgments that: (1) compel employment, reinstatement, or promotion; or (2) enforce liability. Directs the Secretary, before instituting an enforcement action, to attempt to eliminate the alleged offending practice and to effect voluntary compliance with this Act through informal conciliatory processes. Creates a civil cause of action in any court of competent jurisdiction to any aggrieved person. Entitles a person to trial by jury in such actions. Terminates the right of any person to bring such an action on the commencement of an action by the Secretary to enforce such person's right. Prohibits the commencement of a civil action brought by an individual until 60 days after the filing of a charge alleging a violation. Sets forth time limitations applicable to the filing of such charges: (1) generally; and (2) in cases of violations in States having specified standards or an approved administrative plan regulating polygraph examinations. Directs the Secretary, upon receiving such a charge, to notify specified persons and to seek to eliminate any alleged violation by informal means. Applies specified provisions of the Portal-to-Portal Act to actions under this title (provisions permitting an employer defense based on a good faith reliance on certain written administrative regulations, as well as statute of limitations provisions). States that it is the express intent of the Congress to permit regulation of polygraph examinations in any manner consistent with this Act. Authorizes any State or local government wishing to develop and enforce standards for the use of polygraphs by employers to submit to the Secretary an administrative plan relating to such standards and containing information specified in this Act. Requires the Secretary to make a continual evaluation of each approved administrative plan and to withdraw approval of such plan upon the finding that it is not being administered in ways to assure substantial compliance with this Act's standards. Authorizes review by the U.S. Court of Appeals of the Secretary's decision to withdraw such a plan. States that nothing in this Act shall be construed to be applicable to: (1) the U.S. Government, its agencies, or its agents; (2) any State governmental agency or its agent; or (3) any law enforcement agency or its agent. Requires the Secretary to issue rules and regulations appropriate for carrying out this Act not later than 180 days after its enactment.
United States · United States Congress · 10 March 1987
Commemorates the Northwest Ordinance of 1787 as one of the fundamental legal documents of the United States. Authorizes and requests the President to issue a proclamation calling upon the people of the United States to observe the bicentennial of the Northwest Ordinance.
United States · United States Congress · 5 March 1987
Omnibus Family Decency Protection Act of 1987 - Amends the Federal criminal code to provide criminal penalties for the distribution of obscene matter. Subjects such obscene material, and any property derived from such material, to forfeiture. Provides criminal penalties for obscene television broadcasts. Requires any person who produces, distributes, or sells any visual depiction of sexually explicit conduct to maintain records containing proof of ages of the persons depicted and consent forms from such persons. Provides criminal penalties for violations of such recordkeeping requirements. Provides criminal penalties for producing a visual depiction of sexually explicit conduct using performers between the ages of 18 and 21. Provides criminal penalties for using a computer network to exchange information concerning visual depictions of minors engaging in sexually explicit conduct. Amends the Communications Act of 1934 to provide criminal penalties for making an obscene or indecent telephone communication for commercial purposes. (Current law provides such criminal penalties if made to a minor or to a person without his or her consent.) Amends the National Labor Relations Act to make the employment of any person to participate in a commercial sexual performance an unfair labor practice. Amends the Mann Act to make certain offenses gender neutral.
United States · United States Congress · 5 March 1987
Amends specified provisions of Federal law relating to the refinancing of veterans' home loans to remove the requirement that a veteran must actually occupy the home in order to qualify for such refinancing.
United States · United States Congress · 5 March 1987
Child Protection Act of 1987 - Amends the Racketeer Influenced and Corrupt Organizations (RICO) Statute to extend its coverage to the sexual exploitation of children. Allows any person injured personally or in his business or property by such violations to bring a civil suit for treble damages. Amends the Federal criminal code to require a mandatory life sentence in kidnapping offenses involving the murder of a minor. Establishes mandatory minimum sentences for the sexual exploitation of minors. Provides that the period of any applicable limitation for the commencement of prosecution for certain offenses involving the sexual exploitation of children shall not begin until the child has reached the age of 18 years. Directs the Attorney General to submit a report to the Congress detailing possible changes in the Federal Rules of Evidence, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and other procedures which would facilitate the participation of child witnesses in cases involving child abuse and sexual exploitation. Directs the Attorney General to modify the classification system used by the National Crime Information System and the Federal Bureau of Investigation with respect to offenses involving the sexual exploitation of children by: (1) including the age of the victim and the relationship of the victim to the offender; and (2) using a uniform definition of a child.
United States · United States Congress · 5 March 1987
Establishes the House of Representatives Classified Information Security Office to assure protection of classified information in the custody of Members, officers, and employees of the House that is equivalent to the protection required for such information in the executive branch. Directs the Office to: (1) assist the Permanent Select Committee on Intelligence in preparing a classified information security manual; (2) receive, transmit, store, and dispose of classified information; (3) assist departments and agencies in processing House requests for access to classified information and in presenting briefings on security procedures; and (4) maintain centralized records identifying officers and employees who have access to classified information. Requires congressional approval by resolution of the classified information security manual.
United States · United States Congress · 5 March 1987
Expresses the sense of the Congress that: (1) the promotion of unrestricted family visits between related people of the United States and the Soviet Union is an essential part of American policy toward the Soviet Union; and (2) the President, the Secretary of State, and other administration members should raise the issue of family visitation at all appropriate opportunities in discussions with leaders of the Communist Party and the Government of the Soviet Union.
United States · United States Congress · 5 March 1987
Expresses the sense of the Congress that the United Nations, and in particular the Human Rights Commission, should include among its highest priorities of its human rights agenda consideration of the question of human rights in Cuba.
United States · United States Congress · 2 March 1987
Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in a reasonable, good faith belief in its conformity with the fourth amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of good faith, absent intentional and material misrepresentation.
United States · United States Congress · 2 March 1987
Amends the Federal criminal code to provide a mandatory life sentence (except when the death penalty is invoked) for any person convicted of gathering or delivering defense information to a foreign government.
United States · United States Congress · 2 March 1987
Habeas Corpus Reform Act of 1987 - Amends the Federal criminal code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was not recognized prior to the procedural default; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or sentencing determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 2 March 1987
Amends the Federal criminal code to establish procedures for the imposition of the death penalty for presidential assassination. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; and (2) the aggravating factor sufficiently outweighs any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Establishes procedures for appeal from the death sentence.
United States · United States Congress · 26 February 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury (Secretary) to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers with tax forms sent by the IRS. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury (Department) an Office of Inspector General (Inspector). Transfers to such Office the existing audit and investigation units of the Department. Prohibits the Inspector from reviewing: (1) monetary, fiscal, and tax policy; and (2) the exercise of legal judgment in the investigation and litigation of cases. Authorizes the Secretary to: (1) withhold from the Inspector requested information that the Secretary determines will jeopardize the success of an ongoing investigation or litigation, confidential sources, or the national security; and (2) prohibit the Inspector from undertaking or continuing an audit or investigation under limited circumstances described in this Act. Requires the IRS, upon taxpayer request, to conduct any interview regarding a deficiency assessment at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interview to warn the taxpayer that: (1) he or she has a right to remain silent; (2) any statement the taxpayer makes may be used against him or her; and (3) he or she has the right to the presence of an attorney, certified public accountant, enrolled agent, or enrolled actuary. Permits a waiver of such rights if voluntarily and knowingly made. Amends Federal law to require the Comptroller General (Comptroller) of the General Accounting Office to: (1) conduct audits of the IRS with respect to the efficiency, uniformity, and equity of the internal revenue laws (current law specifies no particular focus for such audits); and (2) conduct special audits or investigations of internal revenue law administration upon the request of any congressional committee or Member of Congress. Requires the Comptroller's annual report to the Congress to include specified findings concerning IRS management, efficiency, procedures, and structure. Divests of its finality a vote of the Joint Committee on Taxation to disapprove a Comptroller General audit of the IRS. Designates such vote as a recommendation to disapprove an audit and makes such recommendation subject to congressional approval. Prohibits evaluations of IRS personnel based on revenue collected from taxpayers as a result of audits or investigations involving such personnel. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action in Federal court (regardless of the amount in controversy) for any taxpayer aggrieved by such prohibited investigation or recordkeeping. Authorizes both equitable remedies and awards of damages, including punitive damages, litigation costs and reasonable attorney fees, in such cases. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Authorizes the Secretary, in certain cases, to enter into a binding agreement with a taxpayer under which such taxpayer may pay tax liability in installments. Requires the Secretary to offer in writing to enter such an agreement with any individual: (1) whose tax liability is $20,000 or less; and (2) who has not been delinquent in installment tax payments under similar agreements during a specified period. Permits the Secretary, after proper notice and a hearing, to modify or annul such an agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Requires the Secretary to abate in full any deficiency, including penalty or interest, completely attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Directs IRS officers and employees, when giving oral advice to a person, to inform such person that the contents of such communication are not binding on the IRS. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Allows an administrative appeal of tax liens. Revises the criteria according to which the Secretary determines a minimum sale price for property seized by levy and subject to a tax sale. Prohibits the Secretary from authorizing a class audit of taxpayers in a particular business or trade until each group member is given proper notice and the opportunity either to file an amended return or to challenge the Secretary's findings at a hearing. Places upon the IRS the burden of proof on all issues in all administrative and judicial proceedings between the IRS and a taxpayer. Applies the rulemaking provisions of the Administrative Procedure Act to all IRS rules and regulations prescribed by the Secretary.
United States · United States Congress · 25 February 1987
Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Jesse Owens in recognition of the late Jesse Owens' athletic achievements and humanitarian contributions to public service, civil rights, and international goodwill. Authorizes appropriations. Authorizes the Secretary of the Treasury to sell bronze duplicates of the medal.
United States · United States Congress · 25 February 1987
Health Protection Act of 1987 - Bans consumer sales promotions of tobacco products. Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to reflect such ban. Grants district courts of the United States jurisdiction to restrain violations of this Act.
United States · United States Congress · 25 February 1987
Suspends most-favored-nation treatment for Romania for six months. Permits the products of Romania to receive most-favored-nation treatment during any 180-day period following the initial six months only if: (1) the President submits to the House of Representatives and the Senate a document containing specified findings and assurances, including a finding that granting most-favored-nation treatment will promote improved freedom to emigrate from Romania and will promote an end to religious and political persecution in Romania; and (2) a joint resolution disapproving such action is not enacted. Provides for expedited consideration of such resolution.
United States · United States Congress · 25 February 1987
Federal Financial Management Improvement 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; and (3) maintain the central accounting and reporting records of the Government. Requires each Assistant Secretary and Controller to: (1) maintain a strategic financial management plan for the department or agency; and (2) participate in the appointment, development, and evaluation of financial managers of such department or agency. 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 · 25 February 1987
Designates June 14, 1987, as Baltic Freedom Day. Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics.
United States · United States Congress · 24 February 1987
Amends the National Housing Act to make authority permanent for: (1) title I financial institution insurance for housing renovation and modernization; (2) general mortgage insurance; (3) low and moderate income and displaced families mortgage insurance; (4) mortgage co-insurance, including rental rehabilitation and development projects; (5) mortgage insurance for armed forces' civilian employees and defense housing for impacted areas; (6) mortgage insurance for land development; (7) mortgage insurance for medical and dental group practice facilities; (8) mortgage insurance commitment limitations; and (9) graduated payment and indexed mortgage insurance. Amends the Housing Act of 1964 to make authority permanent for urban rehabilitation loan authority. Amends the Housing Act of 1949 to make authority permanent for: (1) insured loans for rental and cooperative housing and related facilities for elderly persons and families in rural areas; and (2) mutual and self-help housing grant and loan authority. Amends the National Flood Insurance Act of 1986 to make national flood insurance authority, including emergency implementation provisions, permanent.
United States · United States Congress · 19 February 1987
Broadcast License Renewal Act of 1987 - Amends the Communications Act of 1934 to declare it to be the policy of the United States that, with respect to the grant or renewal of a broadcast license, the licensee has the responsibility to: (1) broadcast material responsive to matters of concern to residents of its service area; and (2) operate in compliance with provisions of such Act and Federal Communications Commission regulations. Directs the Commission to: (1) grant an application for license renewal if the applicant has met such responsibilities in the preceding license term; or (2) deny renewal or grant limited renewal if the applicant failed to meet such responsibilities. Prohibits the Commission, in evaluating a licensee's performance in broadcasting material responsive to matters of public concern, from establishing or applying any requirement with respect to the broadcast of any specific subject or material. Directs the Commission to accept the licensee's judgment if found to be reasonable and made in good faith. Prohibits the Commission, in determining whether to renew a license, from considering whether the public interest, convenience, and necessity might be served by granting a license to a competing applicant. Directs the Commission to conduct an inquiry and prescribe any necessary regulations concerning any additional information that licensees should be required to maintain and make available to the public regarding the licensee's responsibility to broadcast material responsive to matters of public concern. Makes it unlawful for a license applicant and any other person, while a license application is pending, to effectuate an agreement whereby the other person withdraws or withholds an informal objection or a petition to deny in exchange for the payment of any thing of value by, or on behalf of, the applicant.
United States · United States Congress · 19 February 1987
Makes provisions of the Voting Rights Act of 1965 that require that ballots and other election materials be available in a language other than English inapplicable to elections taking place after enactment of this Act. Declares that nothing in this Act prohibits States from providing such materials in another language if required by local conditions.
United States · United States Congress · 19 February 1987
Designates March 11, 1987, as National Operation Prom/Graduation Kickoff Day, marking the start of planning of drug- and alcohol-free activities for students during the commencement season.
United States · United States Congress · 18 February 1987
Amends the Tax Reform Act of 1986 to repeal provisions which increase the current year liability test for estimated tax payments from 80 percent to 90 percent. Provides that the Internal Revenue Code shall be applied and administered as if such section has not been enacted.
United States · United States Congress · 18 February 1987
Uniform Product Safety Act of 1987 - States that this Act governs any civil action brought against a manufacturer or product seller for personal injury or damage caused by a product. Supersedes any inconsistent State law regarding recovery in such such actions. Lists specific laws not superseded, including: (1) defenses of sovereign immunity asserted by the United States or any State; (2) any Federal law (except the Federal Employees Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; and (5) the right of any court to transfer venue. Allows any State to develop and implement expedited product liability claims procedures. Establishes uniform national standards for product liability actions. Subjects a product manufacturer to liability if the claimant establishes that: (1) the manufacturer manufactured an unreasonably dangerous product; (2) the product failed to conform to an express warranty made by the manufacturer; (3) the manufacturer was negligent in designing the product; or (4) the manufacturer failed to provide appropriate warnings or instructions. Treats a product seller as a manufacturer where: (1) the manufacturer is not subject to a service of process in any State where the action might be brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Subjects a product seller to liability if the claimant establishes that: (1) the product failed to conform to an express warranty made by the product seller; (2) the product seller did not exercise reasonable care in assembling, inspecting, or maintaining such product; or (3) the product seller did not exercise reasonable care in passing on the manufacturer's warnings or instructions. Establishes defenses in such actions with respect to: (1) manufacturing practices in light of existing technology; and (2) compliance with Government standards and contract specifications; and (3) claimant's intoxication. Holds each defendant found responsible for the harm jointly and severally liable. Makes a product seller or manufacturer liable for punitive damages if such seller or manufacturer: (1) knowingly destroyed or failed to make available evidence whose production is required; or (2) manifested a conscious and flagrant indifference to consumer safety. Lists factors to be considered in setting the amount of punitive damages. Limits punitive damages to treble damages plus costs. Provides that punitive damages may not be awarded where: (1) a drug or medical device complied with certain Government standards; or (2) an aircraft was certified by the Secretary of Transportation under the Federal Aviation Act of 1958. Establishes a 25-year statute of repose. Requires any damage award to be reduced by the amount of workers' compensation benefits paid. Establishes a Federal Product Liability Study Panel to study: (1) existing and proposed expedited product liability claims procedures; (2) Federal and State workers' compensation systems; and (3) nonjudicial methods for resolving product liability claims. Requires the Panel to report to specified congressional committees within two years of enactment of this Act.
United States · United States Congress · 11 February 1987
Arctic Coastal Plain Leasing Act of 1987 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for the promulgation of such regulations, and that no further studies or assessments shall be required prior to Federal action. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain.