United States · United States Congress · 5 May 1987
Occupational Hazard Communication Act of 1987 - Title I: Hazard Communication Standard Amendment - Directs the Secretary of Labor within one year after this Act's enactment to amend the hazard communication standard contained in specified Federal regulations to: (1) make the standard applicable to all employers; (2) require employers to notify current employees of their right to obtain information from their previous employers; and (3) require employers to transmit health hazard notices to former employees. Directs the Secretary to: (1) consider specified factors in the process of the rulemaking proceedings related to the promulgation of the hazard communication standard amendment; and (2) prescribe methods and procedures for the enforcement of recordkeeping requirements relating to employee exposure to certain potentially toxic materials or harmful physical agents. Requires all Federal agencies with the responsibility for establishing health and safety standards for workers not covered under the Occupational Safety and Health Act of 1970 to promulgate a hazard communication standard consistent with that promulgated by the Secretary. Directs the Secretary to prepare and distribute public service announcements informing current and former employees concerning: (1) their rights to information and training, including rights of access to employee exposure and medical records; and (2) the availability of material safety data sheets for hazardous chemicals. Establishes within the Occupational Safety and Health Administration an Office of Hazards Communication to be responsible, among other things, for implementing the hazard communication standard and providing information to employers and to the public with respect to occupational hazards. Directs the Secretary, within one year of this Act's enactment, to promulgate revisions of standards (popularly known as Z-tables) related to employee exposure to various air contaminants and to develop means to ensure necessary updates to adjust permissible exposure limits. Describes the regulatory framework applicable to the administration and enforcement of the hazard communication standard and to its violations. Establishes criminal penalties for willful violations of the standard when there is a substantial probability that death or serious harm could result. States that the standard preempts State and local law relating to comparable subject matter. Directs the Comptroller General to: (1) evaluate the standard's effectiveness in accordance with guidelines detailed in this Act; and (2) report the results to the Congress within 30 months after this Act's enactment. Authorizes appropriations. Title II: High Risk Notification Commission - Establishes the High Risk Notification Commission to study and to report to the Congress concerning specified topics with respect to high risk notification programs. Terminates the Commission 30 days following the submission of its required report.
United States · United States Congress · 30 April 1987
General Aviation Standards Act of 1987 - Amends the Federal Aviation Act of 1958 (relating to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a general aviation manufacturer, owner, or operator of a general aviation aircraft, or a person who supports or maintains such aircraft. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees.
United States · United States Congress · 30 April 1987
Directs the head of each Federal department or agency holding records relating to sightings of U.S. military personnel in Southeast Asia since 1973 to make available to the public, within 30 days after the enactment of this Act, all such records. Provides exceptions to such disclosures for information revealing intelligence sources and methods or the names of such personnel.
United States · United States Congress · 30 April 1987
Budget Process Reform Amendments of 1987 - Title I: Amendments to House Rules - Amends the Rules of the House of Representatives to require, for the consideration of any resolution reported from the Committee on Rules which waives any provision of the Congressional Budget Act of 1974, that the Committee report contain explanations, justifications, and cost estimates of the provisions to which each such waiver applies. Requires a separate vote on each such waiver. Prohibits the inclusion of extraneous matters in reconciliation measures. Limits the spending levels for short-term continuing appropriations measures (those effective for 30-days or less). Subjects long-term continuing appropriations measures to the same prohibitions on legislation and unauthorized provisions that apply to general appropriations bills. Requires a three-fifths' vote of the House to waive points of order against provisions in a continuing resolution not previously adopted by the House. Title II: Budget Act Amendments - Extends the point of order prohibiting the consideration of legislation that exceeds various spending limits to include budget outlays. Prohibits the consideration of any appropriations bills until all appropriations bills are reported from the Committee on Appropriations. Amends the Impoundment Control Act of 1974 to grant the President special rescission authority over long-term continuing appropriations measures that cover two or more regular appropriations bills. Title III: Restoration of Automatic Sequestration - Deficit Reduction Commission Act of 1987 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish the Commission on Deficit Reduction which shall: (1) review and consider reports issued by the Director of the Office of Management and Budget and the Director of the Congressional Budget Office under such Act; (2) issue reports to the President and the Congress estimating the budget base levels of total revenues and total budget outlays for each fiscal year; (3) state whether there is a deficit for each fiscal year in excess of the permissible maximum deficit amount; (4) specify the amounts by which the deficit must be reduced to eliminate such excess deficit; and (5) perform other responsibilities required of the Commission under such Act. (Substitutes the Commission for the Comptroller General in the sequestration process.) Terminates the Commission on September 30, 1991.
United States · United States Congress · 23 April 1987
Amends the Federal Food, Drug, and Cosmetic Act to require foods to include on their labeling the presence and amount of any palm, palm kernel, or coconut oil along with a statement that such oil(s) is a saturated fat.
United States · United States Congress · 22 April 1987
National Advanced Technician Training Act - Requires the Director of the National Science Foundation to carry out an advanced technician training program, making matching grants to two-year community and technical colleges to provide training in technical competencies in strategic fields. Requires such program to emphasize on-the-job training and recruitment of the unemployed. Requires that an inventory of available programs be accessible. Requires the Director to appoint a National Advisory Council on Advanced Technician Training to review and report to the Director and to the Congress on the effectiveness of the program, with recommendations as needed. Requires the Director to designate ten centers of excellence among such colleges to serve as clearinghouses, half for advanced technician training and half for undergraduate education in mathematics and science. Requires the Director to make at least 20 grants annually. Requires that funds under this Act be used to strengthen programs in advanced-technology occupations, for faculty development in advanced-technology fields such as laser, robotic, and computer technology, and the development of cooperative training and information networks with other schools and the private sector. Authorizes appropriations for FY 1988 through 1990.
United States · United States Congress · 9 April 1987
Amends the Rural Electrification Act of 1936 to permit Rural Electrification Administration borrowers to prepay Federal Financing Bank loans without penalties if: (1) private capital is used to replace such loans; and (2) any savings will be used to avoid future rate increases, passed on to customers, or used to improve the borrower's financial strength.
United States · United States Congress · 9 April 1987
Expresses the sense of the House of Representatives that an adequate level of funding should be authorized for vocational education programs for FY 1988 and that funds should not be rescinded from the 1987 appropriation for basic vocational education grants.
United States · United States Congress · 7 April 1987
Amends the International Air Transportation Fair Competitive Practices Act of 1974 to reduce from 180 days to 90 days the Secretary of Transportation's aggregate period for taking action upon unfair competitive practices by a foreign air carrier or instrumentality of a foreign government. Cites conditions under which the Secretary is authorized to extend such period for an additional 90 days. Instructs the Secretary, when considering any complaint or in any proceedings under the Secretary's own initiative, to solicit the views of the Department of Commerce and of the United States Trade Representative as well as of the Department of State (as under current law). Directs the Secretary to report to certain congressional committees on actions taken with respect to such complaints.
United States · United States Congress · 7 April 1987
Amends the Airport and Airway Improvement Act of 1982 to deny the use of funds provided under such Act for projects using products or services of foreign countries which are listed by the United States Trade Representative (USTR) as not offering reciprocal opportunities for American firms. Requires the USTR to: (1) determine whether each foreign country denies fair and equitable market opportunities for U.S. products and suppliers in procurement, or fair and equitable market opportunities for United States bidders, for construction projects that cost more than $500,000 and are funded by the government of such foreign country; and (2) maintain and publish annually a list of countries for which an affirmative determination is made. Allows an exception to such a denial of funds if the Secretary of Transportation determines: (1) the denial of funds would not be in the public interest; (2) products of the same class or kind are not produced or offered in the United States or in any foreign country not listed by the USTR in sufficient and reasonably available quantities and of a satisfactory quality; or (3) exclusion of such product or service from the project would increase the cost of the overall project contract by more than 20 percent.
United States · United States Congress · 7 April 1987
Disabled Americans Work Incentive Act - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to continue the part A eligibility of physically or mentally impaired individuals who were eligible for such benefits by reason of their entitlement to disability benefits under title II (Old Age, Survivors and Disability Insurance) of the Act, but whose title II benefits have been terminated because they engaged in substantial gainful activity. Sets forth enrollment, special enrollment, and coverage periods as well as the contingencies terminating one's enrollment. Conditions such continued part A eligibility upon the payment of a monthly premium. Requires individuals who are entitled to part B (Supplementary Medical Insurance) Medicare benefits only by reason of their continued part A eligibility provided by this Act to pay a monthly premium set at four times the amount otherwise required under part B. Prohibits such part A and B premiums from exceeding a specified percentage of the individual's adjusted gross income, unless the premium thereby sinks below 25 percent of the premium determined without income restraints. Prohibits the benefits provided by this Act from supplanting employer group health plan benefits. Amends title II of the Act to provide that when individuals become entitled to OASDI disability benefits by reason of a disability which previously entitled them to such benefits, both periods of entitlement shall count toward the two-year period of OASDI disability benefit entitlement required for Medicare eligibility despite an intervening period of gainful employment.
United States · United States Congress · 7 April 1987
Encourages State and local governments and local educational agencies to provide quality daily physical education programs for all children from kindergarten through grade 12.
United States · United States Congress · 6 April 1987
Makes permanent the income tax credit for qualified research expenditures by repealing the provisions of the Internal Revenue Code that would terminate such credit for expenses incurred or paid after 1988.
United States · United States Congress · 6 April 1987
Suspends nondiscriminatory treatment (most-favored-nation treatment) for products of Romania entered into the United States during the one-year period beginning on the date of enactment of this Act. Allows the President to restore nondiscriminatory treatment to products of Romania prior to the end of such period if the President submits a report to the Congress, before the 181st day of the suspension year, containing: (1) the annual objectives of the United States toward achieving the gradual reduction of Romanian human rights violations during the remainder of the suspension year and the reduction and termination of such violations during the five succeeding years; and (2) recommendations regarding actions to be taken by the United States within such five-year period to achieve such objectives. Allows the President to extend nondiscriminatory treatment to the products of Romania during each of the five succeeding years if the President submits a report to the Congress before the beginning of each year stating that the Romanian Government is achieving the applicable human rights violation reduction objectives. Provides for the termination of such nondiscriminatory treatment for any part of such years by enactment of a joint resolution disapproving of the extension of such nondiscriminatory treatment.
United States · United States Congress · 2 April 1987
Small Business Export Innovation Act - Amends the Small Business Act to establish within the Small Business Administration the Small Business Export Innovation Office. Requires the Office to administer a Small Business Export Innovation Program under which the Office shall make competitive awards to small businesses to develop export trade strategies and knowledge of foreign markets. Requires the first phase of awards to involve matching awards of $25,000 to fund the export trade objectives described in export increase proposals submitted by selected applicants. Requires the second phase to involve additional $10,000 awards to those recipients who best developed export trade strategies and knowledge of foreign markets. Provides that a small business must have been in operation for at least two years to be eligible to apply for such an award. Requires the Office to ensure that at least one small business from each State receives an award. Requires the Office to: (1) make an annual public announcement of the Program specifics; (2) make direct mail solicitations to small businesses and intermediary service firms which could help publicize the Program; (3) report to the Congress annually on the awards made and the success of recipients in attaining award objectives; and (4) issue rules specifying a simplified, standardized funding process for such Program. Requires each recipient to report to the Office on its use of funds under the Program and its success in meeting export trade objectives. Makes one percent of the amounts appropriated for FY 1989 through 1993 for program and financing, loan investment, and the bond guarantee revolving fund under the Small Business Act available to carry out this Act.
United States · United States Congress · 25 March 1987
Acknowledges the magnanimity of the Marshall plan and the efforts of the Marshall Foundation in Lexington, Virginia, to continue the values for which George C. Marshall stood, and asks all Americans to rededicate themselves to the ideals which George C. Marshall represented. Welcomes the publication on June 5, 1987, of the fourth volume of the official biography of George C. Marshall. Designates the month of June 1987 as George C. Marshall Month.
United States · United States Congress · 24 March 1987
Public Building Code Compliance Act of 1987 - Amends the Public Buildings Act of 1959 to require that public buildings constructed or altered under such Act, to the maximum extent feasible, be in compliance with: (1) one of the nationally recognized model building codes; (2) State and local zoning laws; and (3) State and local laws relating to maximum height, historic preservation, and other similar laws. Corrects the street name for the John F. Kilkenny United States Post Office and Courthouse, Pendleton, Oregon, from "Dorian" to "Dorion."
United States · United States Congress · 19 March 1987
President's Pro-Life Bill of 1987 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life. Prohibits the granting of funds relating to certain population research and voluntary family programs under the Public Health Service Act to organizations providing abortions or abortion referrals, unless the life of the mother would be endangered by continuing the pregnancy.
United States · United States Congress · 18 March 1987
Employee Educational Assistance Act of 1987 - Amends the Internal Revenue Code to make permanent the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1987.) Requires, for every taxable year beginning after 1988, an annual cost of living adjustment of the maximum excludable amount. Waives the maximum excludable amount for any educational assistance furnished by certain educational institutions to graduate students engaged in teaching or research activities for such organization.
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
Social Security Reorganization Act of 1987 - Title I: Establishment of the Social Security Administration - Subtitle A: Establishment - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth effective date and transitional rule provisions. Subtitle B: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs which he or she administers. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors and Disability Insurance Program and an Advisory Council on Hospital and Supplementary Medical Insurance to review the relation between the trust funds supporting the Old-Age, Survivors and Disability Insurance program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Sets forth the effective dates of this title. Title II: Social Security Court - Establishes, under article I of the Constitution, a Social Security Court (Court) having exclusive jurisdiction over cases arising under titles II (Old Age, Survivors and Disability Insurance), XVI (Supplemental Security Income), XVIII (Medicare), and XI of the Social Security Act. Amends title VII (Administration) of the Act to provide for the President's appointment of 20 judges to the Court. Authorizes review by the Court by means of hearings conducted before filed panels of one or more judges and held in a manner and at locations which the Court's chief judge prescribes as providing claimants with a reasonable opportunity to appear before the Court without great inconvenience. Allows the Court, within certain guidelines, to prescribe its procedural rules and punish, by fine or imprisonment, contempt of its authority. Requires the claimant and Secretary to be given notice and the opportunity to be heard upon a proceeding in the Court. Provides that within 60 days of a field panel's decision such decision shall be the decision of the Court, unless, within that period, a party petitions the Court's chief judge, or the chief judge makes his own motion, for the Court's review of the decision. Requires the publication for public use of precedential decisions. Authorizes any individual who has exhausted administrative remedies and was a party to a final decision rendered after a hearing under title II, XI, XVI, or XVIII of the Act to bring a timely action for review of such decision in the Court. Authorizes the Court to affirm, modify, or reverse the Secretary's decision, but restricts the Court's authority to reconsider factual findings. Subjects the Court's review to regulations of the Secretary or Social Security Board. Gives the United States Court of Appeals for the Federal Circuit exclusive jurisdiction to review Social Security Court decisions upon a party's appeal, but prohibits such appeal until the Social Security Court has reviewed or denied a petition for review of its decision. Grants the district courts of the United States exclusive jurisdiction to review any final decision rendered after a hearing under titles II, XI, XVI, or XVIII of the Act if the claim arises under the Constitution or challenges the validity of any regulation of the Secretary or Social Security Board, but requires that the parties stipulate that there is no dispute as to material facts. Authorizes any party to the hearing (other than the Secretary or Social Security Board) to bring such claims to the district courts. Gives the United States Court of Appeals for the Federal Circuit exclusive jurisdiction to review the final decisions of the district courts. Requires, when a district court decision necessitates regulatory change, that the Secretary and Social Security Board either make regulations conform to such decision or appeal such decision to the United States Court of Appeals for the Federal Circuit. Abolishes the Department of Health and Human Services' Appeals Council one year after enactment of this Act. Title III: Disability Benefit Entitlement Review Procedures - Amends the OASDI and SSI programs of the Social Security Act to set forth a separate procedure for review of the Secretary's determination that the disability on which a benefit claim is based does not exist. Requires the Secretary, where such a determination is made, to issue a statement of the reasons for such decision and give interested parties notice of their right to an evidentiary hearing before a hearing officer who is not the individual who made the initial determination. Subjects the hearing officer's decision to court review only after an interested party (which may include the Secretary) makes a timely application for review by an administrative law judge. Permits the administrative law judge to modify or reverse the decision only if it is contrary to law or the case presents a novel question of law, though the judge may order additional evidence to be taken before the hearing officer. Authorizes the Secretary to review disability denials when the individual fails to meet time limits on filing for review, but considers a decision by an administrative law judge to be the Secretary's final decision. Alters the method for determining when a period of disability begins. Requires the payment of interim benefits under the OASDI and SSI programs where the Secretary appeals a decision rendered by a hearing officer or administrative law judge which is favorable to the applicant for or recipient of benefits and 60 days pass without resolution of the appeal.
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 · 16 March 1987
Amends the Tariff Act of 1930 to establish in the Treasury the Textile Machinery Modernization Fund. Appropriates revenues from customs duties imposed on textile machinery and parts imported into the United States to such fund for research projects for the modernization of the U.S. textile machinery industry.
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 · 11 March 1987
Amends the Internal Revenue Code to require that certain information relating to fund raising must be included on tax returns made by tax-exempt organizations. Specifies the information required as: (1) the name and address of each person engaged in fund raising on behalf of the organization; (2) the gross amount raised by such person; (3) the amount of compensation received by such person; (4) a description of the activities performed by such person on behalf of the organization; and (5) a description of the other fund raising activities of the organization, the amount raised from such activities, and the expenses incurred for such activities.
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
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 · 5 March 1987
Medicare and Medicaid Patient and Program Protection Act of 1987 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act and to require the prohibition from participation in any State health care program of any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to States for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation and to require the prohibition from participation in any State health care program of any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interfering with the investigation of health care fraud or patient abuse; (3) convicted of a felony for manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care-related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; (9) failing to supply certain information; and (10) defaulting on health education loans or scholarship obligations made or secured by the Secretary. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period of exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State, in order to receive Federal payments with respect to a health maintenance organization (HMO), to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State from making payments under title V with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from participation pursuant to the patient and program protection provisions of title XI. Prohibits Federal payments with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from Medicare because of the patient and program protection provisions of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by or at the direction of a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change and any policy or guideline delineated in the State Medicaid operation or program manuals submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Requires the Secretary to restore, for the duration of the moratorium, the policy in effect at the beginning of the moratorium regarding the period when homeownership by an institutionalized individual is permitted and the time permitted for the sale of a home. Amends the Medicare program to provide payment to beneficiaries for services rendered by an individual or entity which has been excluded from Medicare participation if such beneficiary did not know or have reason to know of the exclusion. Revises the definition under title XI of a "person with an ownership or control interest" in a provider of services under title V, XVIII, or XIX to limit reporting on ownership interests to those interests at or exceeding five percent of the entity's assets. Authorizes the Secretary to impose an intermediate sanction on a renal disease facility whose noncompliance with regulations the Secretary prescribes does not immediately jeopardize patient health and safety by denying it Medicare payments for services it provides after receiving notice of the sanction and before correcting its deficiencies. Provides that individuals who knowingly and willfully (currently, the intent must be knowing or willful) make a false statement or misrepresent a material fact in the sale of Medicare supplemental health insurance shall be guilty of a felony. Directs the Secretary to promulgate final regulations within two years of enactment of this Act specifying payment practices which shall not be considered as violations of the Social Security Act's anti-kickback provisions. Sets forth effective date provisions.
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 · 4 March 1987
Nuclear Waste Disposal Act of 1987 - Amends the Nuclear Waste Policy Act of 1982 to prohibit the Secretary of Energy from implementing nuclear waste disposal activities with respect to more than one repository. Declares that any such activities commenced (or decisions made by the Secretary) before the date of enactment of this Act shall be rescinded or terminated. Prohibits the Nuclear Regulatory Commission from authorizing the construction of more than one repository under such Act. Removes the deadlines by which the Secretary and the President must submit candidate site nominations for second repository site characterizations. Instructs the Secretary of Energy to revise the repository mission plan to reflect the provisions of this Act and to submit such revisions within six months after enactment of this Act. Amends the Nuclear Waste Policy Act of 1982 to prohibit the Secretary from expending funds from the Nuclear Waste Fund for any activity relating to a second or subsequent repository. Prohibits the Secretary from nominating any crystalline rock site for site characterization.
United States · United States Congress · 3 March 1987
Amends the Trade Act of 1974 to include certain imported furniture and parts as not being eligible to receive duty-free treatment under the generalized system of tariff preferences for beneficiary developing countries.
United States · United States Congress · 3 March 1987
Amends the Internal Revenue Code to allow a deduction for expenses related to preparation of withholding certificates. Requires that a person who filed such certificate knew it to be false or fraudulent before the imposition of civil penalties. Establishes a transition period for imposition of such penalties.
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 · 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 · 24 February 1987
Public Building Code Compliance Amendments of 1987 - Amends the Public Buildings Act of 1959 to require that public buildings constructed or altered under such Act shall, to the maximum extent feasible, be in compliance with: (1) one of the nationally recognized model building codes; (2) State and local zoning laws; and (3) State and local laws relating to landscaping, open space, parking, minimum distance from a property line, maximum height, historic preservation, and other similar laws. Requires the Federal Government to: (1) consult with State and local officials about the plans for buildings constructed or altered under such Act; (2) submit plans to State and local officials for review for a period not exceeding two months; and (3) permit inspection by State and local officials. Permits State and local officials to make recommendations to the Federal Government. Provides that no action may be brought against the United States for failure to meet the requirements of this Act.
![Official portrait of Rep. Ballenger, Cass [R-NC-10]](https://www.congress.gov/img/member/b000104_200.jpg)