United States · United States Congress · 17 March 1987
Small Business Prompt Payment Act Amendments of 1987 - Revises Federal law to deem the head of a Federal agency to have received an invoice on the later of: (1) the date on which the designated office or employee of an agency actually receives it; or (2) the fifth day after the date on which a property is actually delivered, or final performance of a service is actually completed, unless the contract specifies otherwise. Makes Federal prompt payment provisions applicable to the United States Postal Service. Makes the Postmaster General responsible for issuing procurement regulations, solicitation provisions, and contract clauses. Reduces the 15-day grace period for payment of interest penalties to eight days for solicitations (other than meat products and agricultural commodities) issued before October 1, 1990. Eliminates such grace period for procurement solicitations issued on or after October 1, 1990. Requires an agency to pay a double interest penalty if: (1) the agency owes the interest penalty; (2) the interest penalty is not paid to the business concern on or after the date the penalty is due; (3) the agency does not pay the penalty within ten days after such payment is made; and (4) a written demand is made within 40 days after such payment is made. Requires regulations on interest penalties, in the case of construction contracts, to provide for the payment of interest on: (1) progress payments due for more than seven days, or a longer period if the prevailing practice in private construction contracts is to provide such longer period; and (2) amounts retained during the performance of a contract, if such amounts are not paid by the required payment date. Requires regulations on interest penalties to provide for periodic payments in the case of supply or service contracts upon: (1) the submission of an invoice for supplies delivered or services performed; and (2) acceptance of supplies or services by an authorized employee or certification of performance by such an employee. Requires Government construction contractors to include a payment provision in their agreements with their subcontractors which provides for payment in accordance with prevailing industry standards. Requires the contractor to pay a late payment interest penalty to the subcontractor at the rate applicable between the prime contractor and the Government. Specifies the calculation of time for interest penalties on discount payments. Revises agency reporting requirements on interest penalty payments to include: (1) a description of agency payment practices; and (2) an analysis by the Office of Small and Disadvantaged Business Utilization for each of the various Federal agencies on the impact of such payments on small and disadvantaged businesses. Requires the Chief Counsel for Advocacy of the Small Business Administration to report to the congressional committees on Small Business on current Government compliance with the payment of interest penalties and the impact on small business. Requires the Chief Counsel to monitor the compliance of all agencies and of the Director of the Office of Management and Budget with interest penalty payments. Requires the modification of the Federal acquisition regulation to implement Federal prompt payment provisions.
United States · United States Congress · 17 March 1987
Consumer Products Safe Testing Act - Expresses congressional findings that: (1) the Federal Government has encouraged the use of the LD50 test through regulations which mandate or encourage its use or do not prescribe other less costly, more accurate, and more humane alternatives; and (2) private industry is reluctant to use these other tests without Federal Government encouragement. (LD50 is a procedure whereby toxicity is measured in terms of the median dose that will kill 50 percent of the test animals within a specified time.) Prohibits Federal department or agency heads from considering LD50 test results when determining product safety, labeling, or transportation requirements for purposes of Federal regulation. Requires Federal department and agency heads to: (1) review and evaluate directives that call for the use of an animal toxicity test; and (2) promulgate regulations specifying the use of nonanimal alternatives. Permits the use of animal toxicity tests under certain conditions. Requires that animal toxicity testing regulations be subject to periodic agency review and to public comment in certain cases.
United States · United States Congress · 10 March 1987
Polygraph Reform Act of 1987 - Amends the Fair Labor Standards Act of 1938 (FLSA) to add a title relating to polygraph examinations. Prohibits, except under circumstances set out in this Act, an employer from: (1) requiring or suggesting that any present or prospective employee submit to a polygraph examination for any purpose; (2) using or referring to the results of a polygraph examination of any present or prospective employee for any purpose; (3) discharging, disciplining, or denying employment or promotion to any present or prospective employee who refuses to take a polygraph test; and (4) basing the discharge, discipline, or denial of employment or promotion solely on the analysis and opinions of a polygraph examiner authorized by this Act to conduct polygraph examinations. Directs the Secretary of Labor (Secretary) to establish standards and qualifications for persons wishing to conduct polygraph examinations. Sets forth requirements that must be incorporated in such standards, including criteria relating to: (1) age and citizenship; (2) formal training and internship; (3) inquiries that may be pursued during a polygraph examination (prohibiting, for example, questions about religious, racial, or political beliefs and about sexual preferences); (4) notice to the examinee of legal rights and remedies; (5) the data recording instruments to be used during the examination; (6) limitations on the conclusions and opinions of the examiner; (7) recordkeeping; and (8) examiner bonding or professional liability insurance coverage. Limits disclosure of information obtained during a polygraph examination. Prohibits the waiver of rights and procedures provided by this Act. Directs the Secretary to issue appropriate rules and regulations and to cooperate with regional, State, and local agencies and with employers and labor unions to carry out this title. Empowers the Secretary to make investigations and to require recordkeeping in accordance with existing FLSA law. Makes applicable to this title the enforcement powers, remedies, and procedures of existing FLSA law, including statutes governing the civil liability of violator employers and injunction proceedings. Provides that amounts owing to a person as a result of a violation of this Act shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of liability determination. Limits payment of liquidated damages to instances of willful violations. Grants to the court jurisdiction to provide any appropriate legal or equitable relief, including judgments that: (1) compel employment, reinstatement, or promotion; or (2) enforce liability. Directs the Secretary, before instituting an enforcement action, to attempt to eliminate the alleged offending practice and to effect voluntary compliance with this Act through informal conciliatory processes. Creates a civil cause of action in any court of competent jurisdiction to any aggrieved person. Entitles a person to trial by jury in such actions. Terminates the right of any person to bring such an action on the commencement of an action by the Secretary to enforce such person's right. Prohibits the commencement of a civil action brought by an individual until 60 days after the filing of a charge alleging a violation. Sets forth time limitations applicable to the filing of such charges: (1) generally; and (2) in cases of violations in States having specified standards or an approved administrative plan regulating polygraph examinations. Directs the Secretary, upon receiving such a charge, to notify specified persons and to seek to eliminate any alleged violation by informal means. Applies specified provisions of the Portal-to-Portal Act to actions under this title (provisions permitting an employer defense based on a good faith reliance on certain written administrative regulations, as well as statute of limitations provisions). States that it is the express intent of the Congress to permit regulation of polygraph examinations in any manner consistent with this Act. Authorizes any State or local government wishing to develop and enforce standards for the use of polygraphs by employers to submit to the Secretary an administrative plan relating to such standards and containing information specified in this Act. Requires the Secretary to make a continual evaluation of each approved administrative plan and to withdraw approval of such plan upon the finding that it is not being administered in ways to assure substantial compliance with this Act's standards. Authorizes review by the U.S. Court of Appeals of the Secretary's decision to withdraw such a plan. States that nothing in this Act shall be construed to be applicable to: (1) the U.S. Government, its agencies, or its agents; (2) any State governmental agency or its agent; or (3) any law enforcement agency or its agent. Requires the Secretary to issue rules and regulations appropriate for carrying out this Act not later than 180 days after its enactment.
United States · United States Congress · 10 March 1987
Commemorates the Northwest Ordinance of 1787 as one of the fundamental legal documents of the United States. Authorizes and requests the President to issue a proclamation calling upon the people of the United States to observe the bicentennial of the Northwest Ordinance.
United States · United States Congress · 4 March 1987
Consumer Rail Equity Act - Reaffirms the intent of the Congress that the Railroad Revitalization and Regulatory Reform Act of 1976 and the Staggers Rail Act of 1980 be implemented in a manner which provides both greater competitive alternatives and adequate railroad revenues. Directs the Interstate Commerce Commission, when determining the existence or absence of effective competition, to consider only transportation competition for movement of the same commodity from the same point of origin to the same destination. States that a presumption of overall effective competition is not established by the fact that a railroad faces effective competition with respect to either a point of destination or a point of origin. Shifts the burden of proof regarding transportation rate reasonableness from the shipper to the rail carrier establishing the challenged rate. Declares that it is Federal policy to encourage and promote competitive transportation rates for domestically produced coal and other commodities in order to increase their competitive position in domestic and export markets. Directs the Commission to establish a rail cost adjustment factor which includes changes in railroad productivity, volume, and output mix. Directs the Commission to recompute and republish the Rail Cost Adjustment Factor according to prescribed guidelines. Provides that certain rail carrier rates shall be reduced to the extent of any subsequent decreases in rail cost adjustment factors. Confirms the Commission's authority to promulgate rates set forth in a specified adjudication. Includes within the standards used to determine railroad revenue adequacy: (1) identification of revenues, expenses, and investment base reasonably related to rail transportation service; (2) straight-line depreciation of assets reasonably related to rail transportation service, minus deferred tax reserves resulting from accelerated depreciation; and (3) actual cost of debt capital and reasonable estimates of the current cost of equity capital. Requires the Commission, when making revenue adequacy determinations, to consider specified indicators of a rail carrier's financial status. Requires the Commission to determine, on an annual basis, which rail carriers are earning adequate or inadequate revenues and to determine for each rail carrier the revenues required to achieve or maintain revenue adequacy. Allows (current law requires) the Commission to exempt persons from application of this Act when: (1) such application is not necessary to implement Federal transportation policy; and (2) the Commission finds there is no market dominance involved in the affected transaction. Mandates that the rates and practices application to such exempt persons shall not be considered a matter subject to the jurisdiction of the Commission. Requires any rail carrier providing service under certain line rates to participate in competitive joint rail rates through practicable interchange connections (or publish a competitive proportional rate) if requested to do so by a rail carrier (or shipper or receiver) who has an actual or practicable interchange connection. Directs the Commission, upon petition of any interested party, to require certain terminal facilities owned by a rail carrier in interstate or foreign commerce to be used by another rail carrier if the Commission finds: (1) it is in the public interest to do so; and (2) that the owner of such terminal facility will not suffer substantial impairment of its own business interests. Directs the Commission to require, upon petition by an interested party, that rail carriers enter into reciprocal switching agreements if such an agreement is in the public interest or necessary to provide alternative competitive rail service. Directs the Commission to establish reciprocal switching compensation at a level not to exceed the current percentage of the actual variable costs for such service (unless the carrier demonstrates that a higher level is reasonable and necessary). Revises railroad line abandonment procedures to provide that a rail carrier must wait one year before resubmitting a previously denied abandonment application, unless a substantial change in circumstances can be shown. Requires the Commission to hold hearings in communities affected by a proposed railroad line abandonment if requested to do so by community protestants. Requires the Commission to base its abandonment determination upon financial data regarding the facility proposed to be abandoned rather than upon financial data regarding industry-wide averages. Directs the Commission, when considering any application for a certificate of abandonment or discontinuance, to disregard the impact on traffic volume of any surcharge imposed under specified parts of this Act (unless the surcharge improves the financial performance of the line). Subjects to Commission review any State decision regarding intrastate rates, rules, and practices if a party to such State proceedings petitions for Commission review. Requires the Commission to take action on such petition within 120 days of its receipt. Authorizes the Commission to vacate a State decision found inconsistent with this Act.
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
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
Directs the Secretary of Agriculture to release a reversionary interest of the United States in specified land in Putnam County, Florida, in exchange for the State of Florida agreeing to a similar restriction on other specified lands. Directs the Secretary of the Interior to convey U.S. mineral rights in the original, restricted lands. Requires the State of Florida to pay fair market value and administrative costs for the conveyance of such mineral interests.
United States · United States Congress · 11 February 1987
Arctic Coastal Plain Leasing Act of 1987 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for the promulgation of such regulations, and that no further studies or assessments shall be required prior to Federal action. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain.
United States · United States Congress · 11 February 1987
Amends the Internal Revenue Code to allow a tax-exempt organization all of whose members primarily coach football as full-time employees of four-year colleges or universities to have a pension plan with a qualified cash or deferred arrangement, provided such organization was in existence on September 18, 1986. Requires such a plan to be treated as a multiemployer plan.
United States · United States Congress · 10 February 1987
Eliminates provisions of Federal law which restrict premium pay to the minimum rate of basic pay for GS-10 for Federal employees in a position in which: (1) the hours of duty cannot be controlled administratively; (2) a substantial amount of irregular, unscheduled overtime is required; and (3) the employee is generally responsible for recognizing circumstances which require the employee to remain on duty.
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 · 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 · 27 January 1987
Grants access to criminal records in the custody of the Attorney General to non-law enforcement officials and agencies of any State or city if the laws or regulations of such jurisdiction authorize or require such official or agency to acquire criminal record information in the performance of duty. Directs the Attorney General to establish standards and procedures for the acquisition and exchange of such records.
United States · United States Congress · 27 January 1987
Authorizes the Secretary of Education to provide financial assistance to the Bethune-Cookman College in Volusia County, Florida, to establish the Mary McLeod Bethune Memorial Fine Arts Center. Authorizes appropriations for such purpose.
United States · United States Congress · 27 January 1987
Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act and the Railroad Retirement Act to eliminate the requirement that an individual be entitled to disability benefits for at least 24 consecutive months in order to qualify for hospital insurance benefits under the Medicare program.
United States · United States Congress · 27 January 1987
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that any individual who would be fully insured at age 62 may qualify for disability insurance benefits if such individual has 40 quarters of coverage, regardless of when such quarters were earned. Provides such coverage requirement as an alternative to the requirement that an individual have 20 quarters of coverage during the 40-quarter period immediately preceding his or her disability.
United States · United States Congress · 27 January 1987
Natural Wetlands Inventory and Evaluation Act - Directs the Secretary of the Interior to formulate and carry out a continuous program which: (1) classifies and inventories the Nation's wetlands; (2) measures the degradation and loss of wetlands; and (3) evaluates the contribution of wetlands to fish and wildlife conservation, land and water conservation, and the quality of the human environment. Directs all departments and agencies of the Government to furnish information concerning the extent of destruction, alteration, and uses of wetlands under their respective programs. Authorizes the Secretary to contract with educational institutions, State fish and wildlife agencies, and private organizations to collect and analyze data for the purposes of this Act. Authorizes appropriations.
United States · United States Congress · 27 January 1987
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month such individual has such illness.
United States · United States Congress · 27 January 1987
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 27 January 1987
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the five-month period which is presently a prerequisite of eligibility for disability insurance benefits.
United States · United States Congress · 27 January 1987
Amends the Internal Revenue Code to exclude from gross income compensation received by a volunteer fire fighter for service as a member of a State or local fire department or rescue unit.
United States · United States Congress · 27 January 1987
Disapproves the proposed rescission (R87-70) of budget authority for Veterans Administration medical care. Requires the amount of such budget authority proposed for rescission to instead be made available for obligation no later than the date of enactment of this joint resolution.
United States · United States Congress · 27 January 1987
Reaffirms the sense of the Congress that the one-percent loan origination fee charged by the Veterans Administration (VA) to veterans obtaining a home loan guaranteed by the VA should not be increased. Requests the President to request additional appropriations if he finds that additional funding for the VA home loan guarantee program is required.
United States · United States Congress · 22 January 1987
Expresses the sense of the Congress that: (1) no Medicare (title XVIII of the Social Security Act) physician payment methodology should be implemented which is based on hospital discharge classifications or requires mandatory assignment; and (2) no drastic change in the Medicare physician payment methodology should be undertaken without the receipt of reports required by legislation enacted in the 99th Congress and a detailed analysis of the long-range impact of such change on the provision of health care.
United States · United States Congress · 21 January 1987
Constitutional Amendment - Prohibits the Government's expenditures from exceeding its revenues in any fiscal year, except in cases of national emergency as determined by a three-fifths vote of the Congress. Prohibits total Government expenditures during a fiscal year from exceeding 20 percent of the gross national product for the preceding calendar year.
United States · United States Congress · 8 January 1987
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.
United States · United States Congress · 8 January 1987
Amends the Internal Revenue Code to provide that specified minimum tax and accounting rules applicable to installment obligations shall not apply to obligations arising from sales of property by nondealers.
![Official portrait of Rep. Chappell, Bill, Jr. [D-FL-4]](https://www.congress.gov/img/member/c000321_200.jpg)