United States · United States Congress · 4 March 1987
Torture Victim Protection Act of 1987 - Amends the United Nations Participation Act of 1945 to impose civil liability on anyone who, under actual or apparent authority of any foreign nation, subjects any person to torture or extrajudicial killing. Grants jurisdiction over such cases to U.S. district courts only after claimants have exhausted all available remedies in the place where the conduct giving rise to the claim occurred.
United States · United States Congress · 4 March 1987
Military Whistleblowers Protection Act - Amends Federal armed forces provisions relating to communications with a Member of Congress to also prohibit any person from restricting a member of the armed forces in communicating with an Inspector General, except for communications that are prohibited by statute. Prohibits retaliatory personnel actions against a member for making or preparing to make such a communication. Directs the Inspector General of the Department of Defense (or of the Department of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy) to promptly investigate any allegation that a prohibited personnel action has taken place or been threatened with respect to any communication to a Member of Congress or Inspector General complaining or disclosing information reasonably believed to evidence a violation of law, mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. Requires the Inspector General, within ten days after completing such an investigation, to report the results to the Secretary of Defense. Allows a member, within 30 days after receipt of a copy of such investigative report, to petition the appropriate military board for correction of his or her military record concerning the matter. Entitles members to legal assistance by a judge advocate in any such matter before a military corrections board. Provides administrative procedures for the hearing of such petitions, together with appropriate corrective and disciplinary action to be taken. Provides for judicial review of any order resulting from such hearing, if petitioned for within 60 days after notice of the hearing's result. Provides a statute of limitations for the bringing of any such action by a member of the armed forces.
United States · United States Congress · 4 March 1987
Directs the Postal Service to restore the reduced rates applicable to mailings of fewer than 5,000 copies of publications to counties adjacent to the county of publication. Limits to 20,000 the number of copies of such publications which may be mailed under reduced rates within the county of publication.
United States · United States Congress · 3 March 1987
Delays from December 31, 1986, until December 31, 1987, the effective date of provisions of the Tax Reform Act of 1986 which increase from 80 percent to 90 percent the current year tax liability test for estimated tax payments by individuals.
United States · United States Congress · 3 March 1987
Amends the Federal Tort Claims Act to permit actions to be brought against the United States for money damages for injury, loss of property, or death due to exposure to radiation based upon an act or omission of a Government contractor in carrying out a nuclear weapons testing program. Provides for substitution of the United States as defendant if such actions are brought against the Government contractor. Limits attorney fees in such actions to 25 percent of the judgment or settlement. Provides criminal penalties for attorneys who violate such restrictions.
United States · United States Congress · 3 March 1987
Assimilative Crimes Act Amendments of 1987 - Amends the Federal criminal code to provide that the criminal penalty for operating a motor vehicle under the influence of a drug or alcohol in a special maritime or territorial jurisdiction of the United States shall be the punishment provided under the law of that State, territory, possession, or district. States that whoever operates a motor vehicle in such a jurisdiction consents to certain tests if arrested for driving under the influence of a drug or alcohol. States that any person refusing to submit to such tests shall be denied the privilege of operating a motor vehicle for one year.
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
Anti-Piracy and Market Access Act - Title I: Actions to Increase International Intellectual Property Protection - Requires the U.S. Trade Representative (USTR) to publish annually: (1) a list of all foreign countries and instrumentalities that deny adequate and effective protection of intellectual property rights to U.S. persons; and (2) a list of the above countries that the USTR identifies as priority foreign countries. Sets forth factors for determining whether a country is a priority foreign country. Authorizes the USTR to make additions to the list of priority foreign countries in certain circumstances. Requires the President to enter into negotiations with priority foreign countries to establish protection for intellectual property rights for U.S. persons in such countries. Grants the President the authority to enter into compensation agreements in order to maintain the general level of reciprocal and mutually advantageous concessions. Sets forth the objectives of such negotiations, including the improvement of foreign protection of intellectual property and the development of international rules to protect such property. Requires the President, if the United States is unable to enter into an agreement with a priority foreign country, to take some action, including but not limited to suspension of certain trade agreements and changes in the tariff treatment of imports from such country. Requires the trade measures imposed by the President to have a material economic impact on the priority foreign country in question. Authorizes the President to defer action for six months if the President's negotiations are making substantial progress. Requires the President to consult with interested parties, including Members of the Congress, on such negotiations. Title II: Actions to Open Foreign Markets - Requires the USTR to publish annually: (1) a list of all foreign countries and instrumentalities that deny fair and equitable market access to U.S. companies that rely on intellectual property protection; and (2) a list of the above countries that the USTR identifies as priority foreign countries. Sets forth factors for determining whether a country is a priority foreign country. Authorizes the USTR to make additions to the list of priority foreign countries in certain circumstances. Requires the President to enter into negotiations with such priority foreign countries on agreements setting specific terms to provide U.S. companies that rely on intellectual property protection with fair and equitable market access in such countries. Grants the President the authority to enter into compensation agreements in order to maintain the general level of reciprocal and mutually advantageous concessions. Requires the objectives of such market access negotiations to be to: (1) provide for fair and equitable market access in all priority foreign countries to U.S. companies that rely on intellectual property protection; (2) obtain agreements that provide such companies fair and equitable market access in all substantial foreign markets; and (3) prevent foreign restrictions from causing continued harm to such companies. Requires the President, if the United States is unable to enter into an agreement with a priority foreign country, to take some action, including but not limited to suspension of certain trade agreements and changes in tariff treatment of imports from such country. Requires the trade measures imposed by the President to have a material economic impact on such country. Authorizes the President to defer action for 30 days if the President certifies to the Congress that negotiations are making substantial progress. Requires the President to consult with interested parties, including Members of Congress, on such market access negotiations. Title III: Generalized System of Preferences - Amends the Trade Act of 1974 to require the President to withdraw, suspend, or limit the application of duty-free treatment to country under the Generalized System of Preferences if such country does not provide adequate protection of intellectual property or adequate market access unless the President certifies to the Congress that such country has taken substantial action toward providing intellectual property protection and market access for U.S. persons. Prohibits the President from granting tariff preferences to, or requires the President to remove tariff preferences from, an import which a court or Federal agency has determined infringes a patent, copyright, trademark, mask work, or trade secret. Title IV: Caribbean Basin Economic Recovery Act - Amends the Caribbean Basin Economic Recovery Act to authorize the President to withdraw, suspend, or limit the application of the duty-free treatment to any country under such Act. Requires the President to take such action against a beneficiary country if the country does not provide adequate and effective intellectual property protection or fair and equitable market access to U.S. persons, unless the President certifies to the Congress that such country has taken substantial action toward providing such protection and access for U.S. persons.
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 · 26 February 1987
Amends the Congressional Budget Act of 1974 to provide that it shall not be in order for either House of Congress to consider any legislation which would impose any requirement on State or local governments which is likely to result in an annual cost to such governments of $50,000,000 or more for any particular program, project, or activity, except for legislation which complies with any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget to identify changes in Federal aid programs for State and local governments on a program-by-program basis.
United States · United States Congress · 25 February 1987
Interstate Sales Tax Collection Act of 1987 - Allows any State or political subdivision to require retailers engaged in business in that State to collect a State and local sales or use tax on the sale or use of tangible personal property shipped or delivered into that State or political subdivision. Amends the Internal Revenue Code to require interstate retailers to file information returns with the Internal Revenue Service for the purpose of assisting States in the collection of such sales or use taxes. Authorizes disclosure of such information to State tax officials. Imposes penalties for failure to file such information returns.
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
Amends the Federal criminal code to establish penalties for damaging or destroying any religious real property or interfering with any person's free exercise of religious beliefs. Directs the Attorney General to include within the Uniform Crime Reports the incidence of offenses against persons and property committed to express racial, ethnic, or religious prejudices (homicide, assault, robbery, burglary, theft, arson, vandalism, trespass, and threat). Authorizes appropriations.
United States · United States Congress · 25 February 1987
Amends the Federal criminal code to establish penalties for damaging or destroying any religious real property or interfering with any person's free exercise of religious beliefs.
United States · United States Congress · 25 February 1987
Foreign Agents Compulsory Ethics in Trade Act of 1987 - Amends the Federal criminal code to prohibit the President, the Vice President, certain high-level Federal officials and employees, certain high-ranking active-duty members of the uniformed services, and Members of Congress from representing or advising foreign principals on matters of direct and substantial U.S. interest during the four-year period after cessation of Federal employment. Authorizes the Attorney General to grant a waiver to such prohibition unless the proposed conduct could harm the national interests or create an undue appearance of conflict of interest. Authorizes the Attorney General, upon reason to believe that a person is engaging or about to engage in conduct in violation of this Act, to petition the appropriate U.S. district court for an order prohibiting such conduct. Establishes civil and criminal penalties for violations of this Act.
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
Pornography Victims Protection Act of 1987 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned know that a minor was transported in interstate or foreign commerce for the purpose of producing pornography. Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct. Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage. Imposes civil penalties for violation of the prohibition against sexual exploitation of children.
United States · United States Congress · 24 February 1987
Prescription Drug Marketing Act of 1987 - Amends the Federal Food, Drug, and Cosmetic Act to permit only the U.S. manufacturer of a drug to reimport such drug into the United States. Prohibits the sale of prescription drug samples. Prohibits the resale of any drug in bulk, except as specified. Permits the distribution of samples only to practitioners licensed to prescribe such drugs. Requires such practitioners to return a receipt for such drug samples to the manufacturers to be kept and made available to Federal and State officials. Requires drug wholesalers to provide drug purchasers with a statement identifying each sale of the drug. Directs the Secretary of Health and Human Services to issue licensing standards for drug wholesalers. Sets forth criminal penalties for violations of this Act.
United States · United States Congress · 24 February 1987
Civil Rights Restoration Act of 1987 - Amends title IX (Prohibition of Sex Discrimination) of the Education Amendments of 1972 to define the phrase "program or activity" and the term "program" to mean all of the operations of the following entities, any part of which is extended Federal financial assistance: (1) a department, agency, special purpose district, or other instrumentality of a State or local government; (2) a State or local government agency which distributes such assistance and the agency or department to which such assistance is extended; (3) a college, university, or other postsecondary institution, or public system of higher education; (4) a local educational agency, system of vocational education, or other school system; and (5) a corporation, partnership, or other private organization. States that such terms do not include any operation of an entity which is controlled by a religious organization. Amends the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to define the phrase "program or activity" to mean all of the activities of the aforementioned entities.
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
Textile and Apparel Trade Act of 1987 - Limits the 1987 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1986 imports classified under such category. Limits the 1987 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1986 imports of nonrubber footwear classified under such category; and (2) in the case of low priced nonrubber footwear, the total 1986 imports of low priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1987. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation, to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether such country has violated trade concessions of benefit to the United States and such violation has not been adequately offset by U.S. action or by the action of such country. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this paragraph, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this paragraph, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on the operation of this Act.
United States · United States Congress · 19 February 1987
Fair Housing Amendments Act of 1987 - Amends specified Acts to rename them the Civil Rights Act of 1968 and the Fair Housing Act. Amends the Fair Housing Act to make it unlawful to: (1) refuse to sell or rent a dwelling to an individual because that individual, or someone associated with that individual, is handicapped; (2) discriminate against a handicapped individual in the conditions of sale or rental, or in the provision of a related service or facility; (3) refuse to permit reasonable modifications, at the expense of the handicapped person, to permit access to the premises; or (4) refuse to make reasonable accommodations in rules, policies, or services to afford handicapped individuals equal use and enjoyment of a dwelling. Makes it unlawful for anyone engaged in residential real estate-related transactions to discriminate in the provision or terms of a transaction because of race, color, religion, sex, handicap, familial status, or national origin. States that nothing in this Act limits the applicability of any reasonable local, State, or Federal restrictions on the maximum number of occupants permitted to occupy a dwelling unit. States that nothing in this Act regarding familial status applies to any State or Federal program aimed at assisting the elderly. Establishes new administrative enforcement authority in addition to existing enforcement provisions. Directs the Secretary of Housing and Urban Development to transmit an annual report to the Congress on the progress made in eliminating discriminatory housing practices. Allows an aggrieved person to file a complaint with the Secretary alleging a discriminatory housing practice. Allows the Secretary to file such a complaint on his or her own initiative or investigate a housing practice to determine whether such a complaint should be brought. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary to refer matters to the Attorney General, recommending that civil actions be filed, where a respondent has failed to comply with conciliation agreements. Allows the Secretary to refer matters to the Attorney General for prompt judicial action when necessary. Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use control, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits criminal penalties of up to a $100,000 fine and/or imprisonment for not more than one year for noncompliance with subpoenas or other lawful orders. Permits the administrative law judge to award appropriate relief, including punitive damages. Permits the filing of a petition for review of a final order in an appropriate court of appeals within 30 days of service of such order. Permits any prevailing party to be awarded reasonable attorney's fees. Makes certain revisions in the private right of action for aggrieved persons. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Allows the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to fair housing rights has occurred. Permits the Attorney General to commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Describes the types of relief which may be granted in civil actions under such Act.
United States · United States Congress · 19 February 1987
Retiree Benefits Security Act of 1987 - Amends Federal bankruptcy law to apply provisions governing the rejection of collective bargaining agreements in reorganization cases to collective bargaining agreement provisions relating to benefits for retired employees. Provides that bankruptcy claims for retiree benefits and claims arising under any collective bargaining agreement or rejection thereof shall not be limited to one year's compensation. Designates the labor organization which is the recognized exclusive collective bargaining representative in a collective bargaining agreement as the authorized representative of persons receiving retirement benefits under such agreement in bankruptcy proceedings. Directs the court to appoint a committee of retirees to serve as such representative if the labor organization elects not to serve or if the recipients of retiree benefits are not covered by a collective bargaining agreement. Requires the debtor in possession or trustee in a reorganization case to pay and not modify any retiree benefits under any program established or maintained by the debtor prior to filing a bankruptcy petition. Allows modification of such benefits: (1) by court order; or (2) as agreed to by the trustee and the authorized representative of benefit recipients. Treats such payments as administrative expenses. Permits the court to order a modification in retiree benefit payments only if: (1) with respect to benefits covered by a collective bargaining agreement, such agreement is rejected in bankruptcy; and (2) with respect to benefits whether covered or not, the court finds that modifications are necessary to permit the reorganization of the debtor and assure that all creditors, the debtor, and all affected parties are treated fairly and equitably and that the balance of equities clearly favors the modification sought by the trustee. Permits the court, before issuing a final order, to authorize the trustee to implement interim changes in benefits not provided by a collective bargaining agreement, if essential to the continuation of the debtor's business, or in order to avoid irreparable damage to the estate. Provides that any retiree benefits paid between the filing of a petition and confirmation of a plan shall not be deducted from amounts calculated for claims for unpaid future retiree benefits or for any benefits not provided due to modifications, unless otherwise agreed by the debtor and the authorized representative. Requires a reorganization plan to place all claimants for retiree benefits in a separate class consisting only of such claimants. Requires that a plan, to be fair and equitable with respect to such claimants: (1) provide that each claim holder of such class receive property of a value equal to the allowed amount of such claim; or (2) provide that each claim holder of such class receive such value as found by the court to represent the minimum reduction in retiree benefits consistent with the ability of the debtor to provide such benefits after plan confirmation. Provides for the retroactive application of this Act.
United States · United States Congress · 19 February 1987
United States - Mexico Border Health Education and Training Act of 1987 - Requires the Secretary of Health and Human Services, from amounts allotted to each State, to make grants to and enter into contracts with schools of medicine and osteopathy to establish and operate health education and training center (border center) programs along the border with Mexico (in Arizona, California, New Mexico, and Texas). Requires such border center programs to be cooperative programs between such schools and one or more private or public health education centers located along the border. Requires each border center to have an advisory board. Authorizes appropriations for FY 1988 through 1990.
United States · United States Congress · 19 February 1987
Broadcast Ownership Stability Act of 1987 - Requires the Federal Communications Commission to repromulgate its rules requiring a broadcast license to be held for at least three years before any transfer.
United States · United States Congress · 19 February 1987
Medicare Community Nursing and Ambulatory Care Act of 1987 - Amends title XVIII (Medicare) of the Social Security Act to permit Medicare beneficiaries (other than those with end-stage renal disease) to enroll with eligible organizations with which the Secretary of Health and Human Services enters a contract for the provision of community nursing and ambulatory care on a prepaid, capitated basis. Lists the services and supplies which comprise community nursing and ambulatory care. Defines an "eligible organization" as a public or private entity which: (1) primarily engages in the provision of community nursing and ambulatory care; (2) provides such care through or under the supervision of a registered nurse; (3) maintains clinical records on all patients; and (4) maintains procedures for referring cases to or consulting with other health care providers. Requires the Secretary to annually publish a per capita rate of payment for each class of enrollees equal to 95 percent of the adjusted average per capita cost for such class. Directs the Secretary to make monthly prepayments to such organizations in accordance with such rates. Authorizes retroactive payment adjustments to account for differences between the actual number of enrollees and the number of enrollees estimated for the purpose of determining the advance payment. Prohibits enrollee charges from exceeding charges for which they would be liable in the absence of their enrollment. Authorizes eligible organizations to provide enrollees with optional additional care. Requires the provision of additional care where the average of the per capita rates of payment to an organization exceeds the adjusted community rate for community nursing and ambulatory care, unless the organization elects to have such payments reduced or withheld. Makes certain Medicare provisions which are applicable to health maintenance organizations and competitive medical plans applicable to organizations providing care pursuant to this Act, including provisions regarding: (1) enrollment periods; (2) enrollee grievance procedures; (3) health care quality assurance programs; and (4) the organization's status as a secondary payor.
United States · United States Congress · 19 February 1987
Family Farmer Equity Act of 1987 - Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to apply bankruptcy provisions governing the adjustment of debts of family farmers to bankruptcy cases that are pending or that are reviewable on appeal after the date of enactment of this Act, without regard to whether such cases were commenced before November 26, 1986.
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
Supports the President in seeking global measures regarding the adverse effects resulting from the release of chloroflurocarbons and other manufactured chemicals that significantly deplete the ozone layer, including negotiating an immediate international reduction in the use of chlorofluorocarbons and the expeditious elimination of fully halogenated chlorofluorocarbons and other manufacturing chemicals that may deplete the ozone layer.
United States · United States Congress · 11 February 1987
Diversity in Media Ownership Act of 1987 - Amends the Communications Act of 1934 to require holders of mass communications licenses to submit to the Federal Communications Commission an annual report describing the proportion of the ownership and control of such holder that is held by minorities and women. Requires the Commission, in a hearing on two or more mutually exclusive license applications: (1) to determine if an applicant is entitled to prevail, primarily, on the basis of increasing diversification of media ownership or, secondarily, on the extent to which the ownership and management are functionally integrated; and (2) if an applicant is not so entitled to prevail, to determine which applicant will best promote the public interest based on such factors. Requires the Commission, in evaluating applicants, to award a demerit based on ownership of other media and enhancement credits based on the extent to which the applicant is owned or controlled by minorities or women, past local residence and participation in civic affairs, and previous broadcast or other business experience transferable to broadcasting. Amends the definition of "media of mass communications" for purposes of random selection provisions to include instructional television fixed service, operational fixed and fixed satellite services, and other services without regard to whether the services are distributed for a fee or the reception system is individually addressed. Defines "system of random selection" to include any system that uses chance to select one applicant from a group of qualified applicants. Requires the Commission, when using selection criteria with a random system to select among mutually exclusive applicants for licenses, to grant a significant preference or enhancement to any applicant owned or controlled by members of a minority group or women. Requires the Commission to issue a tax certificate for assignment of a license or transfer of control of a corporate licensee for a broadcast, common carrier, private radio, or other telecommunications facility to an assignee or transferee owned or controlled by members of a minority or women if such action is consistent with increasing the participation of minorities and women as employees or owners of telecommunications facilities. Requires the Commission to allow a licensee holding a license designated for a revocation hearing or a license renewal application hearing to transfer the license to an eligible applicant owned or controlled by members of a minority or by women if there has been no final ruling by the Commission and if the amount to be paid by the transferee does not exceed a specified percentage of the fair market value of the license. Prohibits discrimination in employment by: (1) licensees of commercially operated or public broadcast stations; (2) commercially operated and public broadcast station networks; (3) common carriers; (4) satellite operators; and (5) the headquarters operations of any of these entities. Requires any such entity with five or more employees to establish a program to ensure equal opportunity in every aspect of its employment policy. Requires the Commission to prescribe rules specifying program requirements. Requires the filing with the Commission of an equal employment opportunity program by applicants for a construction permit, assignment of a license, transfer of control, or renewal of any license. Provides an exemption from such requirement: (1) for applicants with fewer than five full-time employees; and (2) with respect to any minority group representing less than one percent of the population recruitment area. Requires entities covered by this Act to file with the Commission annual statistical reports identifying by race and sex the number of employees in specified job categories. Sets forth a formula for determining an entity's compliance with equal opportunity program requirements. Requires the Commission to formally designate an application for a broadcast license, construction permit, or transfer of control for a hearing if: (1) the Commission is unable to find that the applicant maintained an equal opportunity program at each of its broadcast facilities; (2) the applicant has failed to employ a specified minimum number of minorities or women. Requires each entity to file an annual employment report with the Commission. Earmarks appropriations to reimburse expenses of civic and community organizations and small businesses for participating in the Commission's rulemaking proceedings. Requires the Commission to include in its report to the Congress information on the participation of women and minorities as employees and owners of telecommunications facilities. Requires the Commission, when determining criteria for applications for new licenses for media of mass communications, to include provisions that will increase the diversity of the ownership among the new licenses granted. Requires the Commission, when specifying application acceptance requirements for AM clear-channel stations, to accept all technically qualified applications owned or controlled by members of a minority or by women.
United States · United States Congress · 11 February 1987
Amends Federal veterans' benefits provisions to extend indefinitely (currently ends on June 30, 1988) the required date of entry into the armed forces for eligibility for basic educational assistance entitlement for veterans (both of active-duty and Selected Reserve duty) of the All-Volunteer Force.
United States · United States Congress · 10 February 1987
Amends the Federal criminal code to provide for the forfeiture of media royalties (profits from depiction of a crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment) by those convicted of any offense involving national security.
United States · United States Congress · 9 February 1987
Amends the Federal Tort Claims Act to allow members of the armed forces serving on active duty or on full-time National Guard duty to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a medical treatment facility operated by the military or the United States.
United States · United States Congress · 9 February 1987
Amends the Omnibus Crime Control and Safe Streets Act to increase from $50,000 to $100,000 the amount of benefits paid to public safety officers (law enforcement officers and fire fighters) who die as a result of an injury sustained in the line of duty. Removes the requirement that parents be dependents of the deceased in order to receive such benefits.
United States · United States Congress · 5 February 1987
H.U.D. Income Verification Act of 1987 - Authorizes the Secretary of Housing and Urban Development to require Department of Housing and Urban Development (HUD) program applicants or participants to: (1) disclose their social security or employer identification numbers; and (2) consent to wage information verification. Amends the Social Security Act to provide HUD with access to State employment records. Requires Federal, State, local, or public housing administering agencies to independently verify such information before terminating or reducing any housing benefits. Establishes criminal and civil penalties for misuse of such information.
United States · United States Congress · 5 February 1987
Prescription Drug Marketing Act of 1987 - Amends the Federal Food, Drug, and Cosmetic Act to permit only the U.S. manufacturer of a drug to reimport such drug into the United States. Prohibits the sale of prescription drug samples. Permits the distribution of samples only to practitioners licensed to prescribe such drugs. Requires the Secretary of Health and Human Services to issue guidelines for sample request forms. Requires such practitioners to return a receipt for such drug samples to the manufacturers to be kept and made available to Federal and State officials. Requires drug wholesalers to provide drug purchasers with a statement identifying the manufacturer and each sale of the drug. Directs the Secretary to issue licensing standards for drug wholesalers. Sets forth criminal penalties for violations of this Act.
United States · United States Congress · 5 February 1987
Social Security Administrative and Investment Reform Act of 1987 - Title I: Establishment of the Social Security Administration - 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. Title II: 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. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI 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. Title III: Management of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund and the Federal Hospital Insurance Trust Fund - Amends the OASDI and Medicare (title XVIII of the Act) programs to direct the Managing Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, and Federal Hospital Insurance Trust Fund (trust funds) to immediately invest that portion of the trust funds which is not required for current withdrawals. Requires the investment of amounts in the OASDI trust funds to be made in accordance with policies established by the Social Security Board. Prohibits the sale and redemption of trust fund assets or the expenditure of trust fund amounts for purposes other than those specified in titles II and XVIII of the Act. Requires members of such trust funds' Boards of Trustees to faithfully execute their duties, but does not impose a fiduciary duty. Requires that, in consideration of the public debt limit, required investment of funds or amounts over which the Secretary of the Treasury has investment authority occur prior to the issuance of other obligations. Directs that tax receipts earmarked for the OASDI program be immediately transferred (currently, monthly transfers are made) from the general fund of the Treasury to the OASDI trust funds. Requires the Boards of Trustees of the trust funds to meet at least twice each year. Sets forth provisions requiring reports by the Board of Trustees and the Managing Trustees to the Congress regarding the operation and status of the trust funds.
United States · United States Congress · 5 February 1987
Designates August 12, 1988, as National Civil Rights Day and requests the President to issue a proclamation calling for the ringing of church bells during a moment of silence.
United States · United States Congress · 4 February 1987
Public Safety Officers' Death Benefits Amendments of 1987 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase from $50,000 to $100,000 the benefits paid to survivors of public safety officers (law enforcement officers and fire fighters) who died as a result of injury sustained in the line of duty. Directs the Bureau of Justice Assistance to adjust public safety officer death benefits to reflect the annual change in the Consumer Price Index. Makes the date of death the determining date with respect to the amount payable to beneficiaries.
United States · United States Congress · 4 February 1987
Medicaid Infant Mortality Amendments of 1987 - Amends title XIX (Medicaid) of the Social Security Act to allow States to extend Medicaid coverage to pregnant women and infants under age one whose family income exceeds current income eligibility standards, but does not exceed 185 percent of the Federal poverty level. Authorizes States to accelerate the coverage of poor children under age five. (Currently, coverage would not be extended to all poor children under age five until FY 1991.) Allows States to extend Medicaid coverage to poor children under age eight.
United States · United States Congress · 4 February 1987
Amends the Tax Reform Act of 1986 to repeal provisions which eliminated the three-year use of the basis recovery rule in computing the amount of an employee's retirement benefits includable in gross income. Provides that the Internal Revenue Code shall be applied and administered as if such provisions had not been enacted.
![Official portrait of Rep. Bryant, John W. [D-TX-5]](https://www.congress.gov/img/member/b000997_200.jpg)