United States · United States Congress · 13 May 1987
U.S. Health Service Act - Title I: Establishment and Operation of the United States Health Service - Part A: Initial Organization - Establishes, as an independent entity within the executive branch, the United States Health Service (Service). Vests authority of the Service in the appropriate National Health Board and area health boards. Grants the Service the power of eminent domain. Directs the President to: (1) appoint 21 individuals to serve as members of the Interim National Health Board of the Service; and (2) designate two nominees as chairperson and vice chairperson of the Interim National Board. Declares that the members of the Interim National Board shall serve until the National Health Board holds its initial meeting in accordance with certain provisions of this Act. Sets forth the duties of the Interim National Board. Authorizes appropriations. Part B: Organization of Area Health Boards - Requires the Interim National Board to establish health care delivery regions throughout the United States which meet specified requirements. Sets forth procedures regarding election and appointment of members and certain officers of: (1) interim national, interim regional, and interim district health boards; and (2) initial and subsequent national, regional, district, and community health boards. Requires the National Health Board (National Board) to modify the boundaries of each health care delivery region after each census and at such other times as it deems necessary, provided such modification is approved in a referendum of registered users residing in an area whose regional identification would be changed by such modification. Requires each regional board, in certain circumstances, to review the appropriateness of district and community boundaries. Allows regional boards to modify such boundaries in certain circumstances, provided modification is approved in a referendum. Part C: General Provisions Regarding Health Boards - Sets forth the membership and terms of office of health boards. Provides for recall of board members for specified reasons and for filling vacancies on health boards. Provides for the manner of conducting meetings of health boards and for the compensation of members of the National Board and compensation of and payment of expenses for members of other health boards. Sets forth procedures for the establishment by the National Board of guidelines and standards required by or in furtherance of the objectives of this Act. Requires each regional board to provide orientation, education, and technical assistance to district and community boards. Requires the appropriate national board to provide such assistance to regional boards. Title II: Delivery of Health Care and Supplemental Services - Part A: Patients' Rights in Health Care Delivery - Requires the Service to ensure that every user is given the right to receive high quality care and supplemental services without charge and without discrimination. Sets forth a list of other basic health rights. Amends the Fair Labor Standards Act of 1973 to entitle certain employees to health leave compensation, subject to specified exceptions which exist in current law as exceptions to minimum wage and maximum hours provisions. Part B: Eligibility for, Nature of, and Scope of Services Provided by the Service - Declares all individuals, while within the United States, to be eligible to receive health care and supplemental services under this Act. Excludes personal comfort or cosmetic services unless they are necessary for health-related reasons. Requires the Service to provide in the United States specified services in or through facilities established by the Service. Prohibits the Service from providing such services in a region, district, or community other than under the auspices of a regional, district, or community board established in accordance with this Act. Requires the Service to provide specified supplemental services in or through health care facilities established by the Service. Provides for reimbursement by the Service of the cost of emergency health care services under certain circumstances. Part C: Health Care Facilities and Delivery of Health Care Services - Requires each community board to establish and maintain such health care facilities as are necessary for efficient and effective delivery or comprehensive primary health care services, specialized health care services, special services, and community-oriented health measures which are provided, as much as possible, through a single comprehensive health center. Requires each district board to establish and maintain in its district a general hospital, such other health care facilities as are necessary, and such health care services of a specialized nature as may be provided most effectively and efficiently at the district level. Requires each regional board to establish and maintain: (1) a regional medical facility for highly specialized health care services; (2) health care and supplemental services for individuals whose needs cannot be met by community or district boards; and (3) such other facilities as are necessary. Requires each area health board to: (1) hire health workers; (2) purchase or lease necessary premises; and (3) seek to minimize fragmentation and duplication in delivery of health care. Requires each regional board to provide for affiliation and coordination within its region and with adjacent regions. Requires the National Board to establish guidelines for distribution and coordination of the delivery of health care services and plan and transition to the new facilities for affected workers. Requires regional boards, if a community or district board fails to provide health services, to provide the services. Requires each health board to establish policies and organizational plans consistent with provisions of this Act. Requires such boards, in establishing, implementing, and modifying such policies and plans, to seek participation of affected workers and users. Provides for a health board, if it determines that it cannot itself effectively manage the operation of all facilities, to establish a health care facility board or boards. Specifies elements to be provided for in the policies and organizational plans established by health boards. Prohibits a health board, on and after three years after the effective date of health services, from permitting its health care facilities to be used for the private delivery of health services. Prohibits individuals employed by a health board from engaging in the private delivery of health services. Requires each health board to ensure that health facilities it operates which provide outpatient services are open during hours which permit all users to make use of such services. Sets forth requirements for facilities providing inpatient services for 30 continuous days or longer. Requires each health board to provide that, at least once each year, the inpatients of facilities providing inpatient services for 30 continuous days or longer shall elect, from among themselves and representatives of certain user associations, a review committee of not less than three members. Provides for recall and proxies with respect to such committees. Requires various health boards to conduct regular inspections of specified facilities. Requires area health boards to provide: (1) contraception information and materials; (2) evaluation and treatment for venereal diseases and diseases of the reproductive organs; (3) information and counseling regarding pregnancy, child bearing, and possible genetically induced anomalies; (4) pregnancy testing; (5) prenatal services; (6) abortion services; and (7) counseling by women for specified services and counseling by men for specified services. Requires all such services to be delivered without coercion or harassment, with confidentiality, and without prior approval of individuals other than the individual receiving the services. Requires that individuals be permitted to be accompanied by a person of their choice during the provision of such services, subject to exception. Sets forth restrictions and requirements for informed consent regarding: (1) treatments or procedures which could affect an individual's reproductive capacity; and (2) mastectomy or other breast cancer treatment. Requires that women giving birth have the right to choose from a complete range of childbirth options. Title III: Health Labor Force - Part A: Job Categories and Certification - Declares that, notwithstanding State laws to the contrary, the Service shall be the sole judge of the qualifications of its employees. Requires each area health board to insure that work is performed by certified health workers. Mandates health boards to provide for periodic review and assessment of competency. States that area health boards shall provide opportunities for assessment and certification of skills required for advancement. Requires the National Board to establish guidelines for classification, certification, and employment of health workers. Requires that such guidelines: (1) permit alternative approaches to healing, when such approaches have not been shown to be injurious to health; (2) have both flexibility and uniformity to meet stated objectives; and (3) require that each health worker employed by a community board work part of the time in a facility operated by a district or regional board and each health worker employed by a district or regional board work part of the time in a health care facility operated by a community board. Mandates that the National Board periodically evaluate job categories and certification practices established by area health boards and assist regional boards in applying certain guidelines. States that each regional board, for job categories requiring advanced specialty training, shall establish certification standards which contain certain specifications made by the National Board. Requires recognition of training, experience, and performance undertaken or demonstrated before the establishment of health team schools under part B of this title. Requires each board to periodically review, supplement, modify, or eliminate such standards. Part B: Education of Health Workers - Requires each regional board, in consultation with community and district boards, to establish a health team school (school) to provide initial and continuing basic education in health care delivery and initial and continuing advanced education in health care specialties and health science specialty fields. Allows for collaboration between adjacent regions conducting joint educational programs. Requires that the schools be funded exclusively by the Service, prohibits them from charging or accepting tuition or fees, and requires them to provide each student with an allowance for living expenses, educational supplies, and any child care. Sets forth the principles under which the schools are required to be operated and maintained. Requires the National Board to establish guidelines for the application of such principles and for the phased integration of existing health worker education programs into the schools. Requires each regional board to establish and implement for the school: (1) admissions policies with certain required elements; (2) curriculum policies with stated elements; (3) faculty hiring procedures which will create a faculty which approximates the population of the region by race, sex, and language; and (4) a governance plan for the management of its school which gives significant decision making powers to staff and students. Prohibits enrolling any individual unless the individual agrees to perform health care services as an employee of the Service, in a job category for which training is being provided, for a period of time equal to the period of enrollment, but not less than two years, and subject to other terms and conditions. Entitles the Service, if an individual fails to start or fails to complete such service, to recover damages. Cancels payment of damages upon the death of the individual. Allows waiver or suspension of the obligation of service or payment if compliance is impossible or would involve extreme hardship and if enforcement would be unconscionable. Limits discharge of such obligation under bankruptcy. Mandates that each area board periodically assess the ratio of the health workers employed by the board in each job category to the number of residents in the area. Gives priority in hiring individuals obligated to perform service to health worker shortage areas and, as a second level of priority, to the regional, district, or community board for the region, district, or community in which the program was completed. States that the National Board shall establish a program to match the preferences graduates have for locations with the needs and preferences of various boards. Requires the National Board to make payments of principal and interest on certain loans incurred by individuals for an educational program in health care delivery, health care specialties, or health science fields which is outstanding on the day that individual begins to work for the Service. Establishes a schedule for such payments. Part C: Employment and Labor-Management Relations Within the Service - Requires health boards to employ, classify, and fix the salaries and benefits of all employees of the Service. Mandates that the appropriate National Board provide for: (1) employment and promotion in the Service in the same manner as under the Federal civil service system; (2) opportunities for advancement; (3) use of work time for continuing education without loss of pay or other rights; and (4) hearings on adverse actions. States that health boards shall give hiring preference to individuals employed as health workers before enactment of this Act. Requires the National Board to ensure that all such individuals desiring employment in the Service find appropriate employment in the Service. Declares employees of the Service eligible for promotion or transfer to any position in the Service for which they are qualified. Mandates that each regional board establish and maintain a job placement service. Places restrictions on hiring relating to the: (1) ratio of health workers to residents; and (2) existence of a health worker shortage area in the same region. Declares that employees of the Service are covered by specified Federal laws relating to adverse actions, compensation for work injuries, civil service retirement, and withholding of pay for the Civil Service Retirement and Disability Fund, subject to exceptions relating to collective bargaining agreements and conditioned on approval by the Office of Personnel Management. Declares sick and annual leave and compensatory time of employees of the Service, whether accrued prior to or after the commencement of operations of the Service, to be obligations of the Service. Requires compensation, benefits, and other terms and conditions of employment to be the same on the effective date of health services as for Federal Government employees until changed by the Service. Makes specified provisions of Federal law relating to unemployment compensation and life insurance apply to employees of the Service unless modified. Prohibits changes in fringe benefits which result in a program which is less favorable to employees of the Service than fringe benefits for employees of the Federal Government on the effective date of health services. Declares that the provisions of the National Labor Relations Act shall apply to the Service and its employees, subject to specified exceptions. Declares that provisions of Federal law relating to participation in a strike shall not apply to employees of the Service. Authorizes provisions in collective bargaining agreements between the Service and its employees regarding procedures for the resolution of grievances and adverse actions, including binding third-party arbitration. Amends the Labor-Management Reporting and Disclosure Act of 1959 to include the Service in the definition of the term "employer" under that Act. Provides that the remedies provided by stated Federal laws regarding jurisdiction and tort claims shall be exclusive of any other civil action or proceeding. Directs the Attorney General to defend any such action or proceeding. Provides, in certain circumstances, for removal and remanding of cases between State and Federal courts and for suspensions of specified limitations of time. Authorizes the Attorney General to compromise or settle such cases as provided in specified Federal law. Declares that assault or battery arising out of negligence in various health care functions is not an exception under specified Federal law to tort claims and jurisdiction provisions of Federal law. Authorizes the National Board to hold harmless or provide liability insurance for any employee of the Service under certain circumstances. Title IV: Other Functions of Health Boards - Part A: Advocacy, Grievance Procedures, and Trusteeships - Requires each area health board to establish a program of health advocacy with specified elements. Requires the National Board to establish a health rights legal services program, for users and health workers, providing specified elements. Requires each appropriate regional board to provide that any user, health worker, user association, or specified health board may commence grievance proceedings before specified health boards with respect to alleged violations of this Act. Provides for review of adverse decisions. Prohibits commencement or continuation of such review when suit is filed. Provides procedures for handling such grievances. Authorizes, in certain circumstances, the entity before which a grievance proceeding is commenced or reviewed to: (1) set aside an election of a community board and require a new election; and (2) if not involving a community board, require that a new election be conducted or a new appointment be made. Requires such entity to transfer such functions as necessary to the appropriate higher health board until a new election is conducted or a new appointment is made. Authorizes a health board which receives functions under such a transfer to appoint a trustee or trustee committee to carry out transferred functions. Part B: Occupational Safety and Health Programs - Requires the National Board to oversee occupational safety and health programs conducted at the regional level and to participate in the establishment and administration of occupational safety and health standards under the Occupational Safety and Health Act of 1970, with the advice and comments of regional occupational safety and health action councils established under this Act. Amends the Occupational Safety and Health Act of 1970 to substitute references to the National Health Board for references to the Secretary of Health and Human Services throughout such Act, with one specified exception. Adds references to the National Health Board to existing provisions in such Act regarding promulgation, modification, and revocation of safety and health standards. Ends responsibility of the Secretary of Health and Human Services for prescribing rules and regulations to carry out such Secretary's responsibilities under that Act. Adds a reference to consultation with the National Board to existing provisions relating to: (1) exemptions from required provisions on account of national defense; (2) conditions for approval of State safety and health plans; and (3) access to safety and health records and reports required of Federal agencies. Ends the authorization under a specified provision of such Act for the Secretary of Health and Human Services to prescribe regulations requiring employers to measure, record, and make reports on employees' exposure to certain substances or agents. Requires the National Board to establish guidelines for: (1) its participation in the establishment and administration of safety and health standards; (2) the election of community occupational safety and health action councils; (3) the establishment of regional occupational safety and health programs; (4) the establishment and operation of work place health facilities; and (5) the provision of assistance by various health boards to various safety and health councils, and to work place safety and health committees. Requires each community board to provide for the operation of a community occupational safety and health action council (COSHAC). Gives a formula for election of the members of COSHACs. Specifies the duties of each COSHAC. Requires each regional board to establish an occupational health and safety program for its region with specified elements, including staffing and supporting the operation of the regional occupational safety and health action council (ROSHAC). Specifies the responsibilities of each ROSHAC. Requires the employer in each work place to establish and maintain a health facility in or near the work place to meet occupational and emergency health care needs of employees, to be operated either by the community board or by the employer, and the cost, in either case, to be borne by the employer. Grants employees in each work place having 25 or more employees the right to establish work place occupational safety and health committees. Grants the members of such committees rights to engage in certain activities relating to inspections without loss of pay or other job rights. Authorizes employees to monitor conditions and to remove themselves from the site of any hazard without loss of pay or other job rights. Requires employers to minimize hazards and furnish employees with or reimburse employees for needed equipment or clothing. Specifies rights of employees regarding: (1) inspection of medical records maintained by their employers; (2) provision to employees of copies of all reports, studies, and data concerning health and safety in that work place; and (3) the seeking, through collective bargaining, of standards more restrictive than those established under the Occupational Safety and Health Act of 1970. Part C: Health and Health Care Delivery Research - Requires the Service to conduct a program of research concerning health and health care delivery. Transfers the National Institutes of Health from the Department of Health and Human Services to the National Health Board. States that the National Board shall establish five new national institutes: Epidemiology, Evaluative Clinical Research, Health Care Services, Pharmacy and Medical Supply, and Sociology of Health and Health Care. Specifies the duties of each such institute. Part D: Health Planning, Distribution of Drugs and Other Medical Supplies, and Miscellaneous Functions - Requires each area board to collect data on supply and demand regarding health workers and health care delivery. Requires each regional board to coordinate the planning and administration of health care delivery, health worker education, and health research in its region. Requires the National Board to formulate one-year and five-year national plans and budgets. Requires the National Board, after consultation with regional boards, to publish, and regularly update, a National Pharmacy and Medical Supply Formulary. Specifies the contents of the Formulary. Requires each regional board to establish a program for the purchase and distribution of drugs and other medical supplies. Authorizes the National Board to establish and operate drug and medical supply manufacturing facilities in certain circumstances. Requires the National Board to publish an annual report and a comprehensive dictionary of terms used in health care records and services maintained or provided by the Service. Title V: Financing of the Service - Part A: Health Service Taxes - Amends the Internal Revenue Code to add a new part imposing on individuals and corporations an additional tax of specified percentages of the normal tax and surtax imposed by a specified section of such code. Ends the income tax exclusion from gross income of amounts paid by third parties for medical care. Excludes from gross income employer contributions to accident or health plans to the extent that such contributions do not provide for health care available to such employees under the Health Service Act. Prohibits income tax deductions for: (1) health care expenses as a trade or business expense; and (2) contributions to certain medical and hospital facilities. Repeals provisions of the Internal Revenue Code relating to: (1) medical and dental expenses; (2) hospital insurance tax imposed on employment and self-employment income; and (3) receipts for railroad employees. Declares that no contractual or other nonstatutory obligation of any employer to pay or provide for health care for present or former employees and their dependents and survivors shall apply on or after the effective date of health services under this Act to the extent such individuals are eligible to receive such services under this Act. Prohibits Federal, State, or private worker compensation programs from paying for or providing any health care on or after the effective date of health services under this Act to the extent such care is available under this Act. Part B: Health Service Trust Fund - Creates in the Treasury the Health Service Trust Fund (Trust Fund). Appropriates to the Trust Fund amounts equal to 100 percent of the expected net receipts from specified provisions of the Internal Revenue Code. Appropriates to the Trust Fund a Government contribution equal to 40 percent of the amount appropriated under such 100 percent provision. Transfers to the Trust Fund all assets and liabilities of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Creates the Board of Trustees of the Trust Fund. Requires the investment of specified portions of the Trust Fund. Extends the purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, to authorize the issuance at par of public debt obligations for purchase by the Trust Fund. Part C: Preparation of Plans and Budgets - Requires the National Board to annually fix the maximum amount of funds which may be expended from the Trust Fund during the fiscal year. Specifies criteria to be considered in determining such amount's maximum value. Authorizes the National Board to refix such maximum amount in certain circumstances. Authorizes the National Board to exceed such maximum amount as necessary because of epidemic, disaster, or other occurrence which was not and could not have been planned for. Authorizes the National Board to allocate, in addition to such maximum amount, funds borrowed under specified provisions of this Act. Requires each community, district, and regional board to annually submit fiscal year and five-year plans and budgets to the next higher level health board. Requires plans and budgets to be prepared in consultation with appropriate users, health workers, and health boards. Part D: Allocation and Distribution of Funds - Requires the National Board to annually transmit to regional boards a national health budget dividing the total funds available into funds for ordinary operating expenses, preventive health measures, capital expenses, research expenses, and special operating expenses. Requires funds for ordinary operating expenses, preventive health measures, and research expenses to be allocated to the regional boards on the basis of population. Requires funds for capital expenses to be allocated according to stated criteria. Declares the budget submitted to the regional boards by the National Board to be adopted upon the approval by a majority of the regional boards. Sets forth requirements, similar to those for the national health budget, for preparation and adoption of regional and district budgets. Defines "special operating expenses" to mean operating expenses associated with: (1) care and treatment for users 65 years of age and older; (2) care and treatment of persons confined to full-time residential institutions, including nursing homes and facilities for the treatment of mental illness; (3) the special health care needs of low-income users; (4) the special health care needs of rural users; (5) special health care needs arising from environmental or occupational health conditions; (6) special health care needs arising from unexpected occurrences, including epidemics and natural disasters; and (7) the conduct of environmental health inspection and monitoring services. Sets forth rules for allocation of special operating expenses. Requires funds allocated under the national health budget to be distributed by the National Board from the Trust Fund. Prohibits health boards from requesting or receiving funds from any other source. Sets forth rules regarding: (1) distribution of funds in the absence of an adopted budget; (2) maintenance of separate accounts by area boards; (3) payment of area health boards; (4) allocation of supplementary funds required by events occurring or information acquired after initial allocations. Authorizes area boards to retain unused funds for two years following receipt. Requires any funds unexpended after such time to be returned to the Trust Fund. Mandates annual financial statements by area health boards. Grants the National Board and the Comptroller General of the United States, for the purpose of audits, access to any books, documents, papers, and records related to the operation of the Service. Part E: General Provisions - Authorizes the National Board to borrow money and to issue and sell obligations as necessary for this Act, but only in amounts specified in appropriations Acts. Limits the aggregate amount of such obligations outstanding at any one time. Authorizes the National Board to pledge the assets of the Trust Fund and pledge its revenues and receipts for various purposes related to such obligations. Authorizes the National Board to enter into a variety of covenants as necessary or desirable to enhance the marketability of such obligations. Declares that such obligations: (1) shall be negotiable or nonnegotiable, bearer or registered; (2) shall contain a recital that they are issued under a specified provision of this Act; (3) shall be lawful investments; (4) shall be exempt from State taxes; and (5) shall not, subject to exception, be obligations of the U.S. Government. Requires the National Board to advise the Secretary of the Treasury of the proposed sale of obligations. Authorizes such Secretary to elect to purchase the obligations. Authorizes the National Board, if the Secretary elects not to buy such obligations, to issue and sell them to a party or parties other than the Secretary, upon notice to the Secretary and consultation regarding various terms and conditions. Empowers the National Board to require the Secretary of the Treasury to purchase obligations of the Service. Prohibits any required purchase which would result in a holding by the Secretary in excess of a specified amount. Makes obligations issued by the Service obligations of the U.S. Government under certain circumstances. Authorizes the Secretary of the Treasury, for the purpose of any purchase of the obligations of the Service, to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. Extends the purposes of such Act to include any purchases of the obligations of the Service under this part. Title VI: Miscellaneous Provisions - Repeals, on the effective date of health services, the Public Health Service Act, except for specified provisions relating to: (1) its short title and definitions; (2) licensing, quarantine, and inspections authority; and (3) safety of public water systems. Delays, until four years after the effective date of health services, repeal of portions of the Public Health Service Act regarding provision of assistance to educational institutions and their students, in areas which have not established health team schools under part A of title III of this Act. Repeals specified provisions of the Social Security Act relating to maternal and child health, Medicare, Medicaid, professional standards review, entitlement to hospital insurance benefits, uniform health reporting systems, limitation on Federal participation for capital expenditures, the program for determining qualification for certain health care personnel, disclosure of ownership and related information, disclosure of certain convictions, and payments to States for health care and supplemental services. Repeals specified provisions of Federal law relating to health insurance for Federal employees, medical benefits and programs relating to veterans, and the civilian health and medical program of the uniformed services. Repeals the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974, and a specified provision of the Comprehensive Drug Abuse Prevention and Control Act of 1970 relating to medical treatment of narcotic addiction. Repeals Federal law relating to hospitals, community hospitals, and other health facilities for Indians. Repeals the District of Columbia Medical Facilities Construction Act of 1968 and the District of Columbia Medical and Dental Manpower Act of 1970. Repeals specified provisions of the National Housing Act relating to mortgage insurance for nursing homes, hospitals, and group practice facilities. Repeals the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, the Family Planning Services and Population Research Act of 1970, the National Arthritis Act of 1974, and the National Diabetes Mellitus Research and Education Act. Repeals specified provisions of the Lead-Based Paint Poisoning Prevention Act relating to grant, demonstration, and research programs for lead-based paint poisoning prevention. Repeals the Act of March 2, 1897, relating to tea importation. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to the National Institute for Occupational Safety and Health. Requires the President to prepare and submit to the Congress legislation to repeal or amend provisions of laws which are inconsistent with this Act, including the transfers of authority of the Secretary of Health and Human Services, under specified provisions of Federal law, to the Service. Sets forth various requirements regarding review and reporting to the President and the Congress concerning how the Service is carrying out the purposes of the various programs authorized to be conducted by provisions repealed by this Act. Transfers to the Health Service Trust Fund amounts appropriated to carry out the purposes of any law repealed by this Act. Provides transition rules regarding contracts entered into or rights or obligations arising before the effective date of such repeals. Amends the Budget and Accounting Act, 1921 to require that each budget submitted by the President set forth items relating to the Health Service Trust Fund separately from other operations of the Government. Declares that, if any provisions of this Act are declared invalid, the remainder of the Act shall not be affected.
United States · United States Congress · 8 May 1987
Honors the late Portuguese diplomat, Dr. Aristides de Sousa Mendes do Amarel e Abranches, for his extraordinary acts of mercy and justice during World War II.
United States · United States Congress · 7 May 1987
Restores, on an interim basis, certain recently amended procedures for determining the maximum attorney's fees which may be awarded to representatives of Old Age, Survivors and Disability Insurance (title II of the Social Security Act) claimants for services rendered before the Secretary of Health and Human Services. Directs the Secretary to conduct a study and report to the Congress regarding procedures for determining such fees.
United States · United States Congress · 7 May 1987
Authorizes and directs the President to call on representatives of the broadcasting industry, in cooperation with public health organizations, to provide free air time to private and government organizations for antismoking public service announcements which educate the public about the dangers of cigarette smoking.
United States · United States Congress · 5 May 1987
Economic Diversification Act - Title I: Defense Economic Diversification-Adjustment Council - Establishes in the Executive Office of the President the Defense Economic Diversification-Adjustment Council (Council) in the interest of: (1) assisting affected persons in defense-dependent communities to make plans for nondefense economic alternatives to minimize dislocation in the event of a closure of a military installation or cancellation of a major defense contract; (2) providing incentives for business, industry, and the vocational education community to develop programs to retrain workers affected by such closures or terminations; and (3) notifying communities in advance of anticipated events that will require economic adjustments to nondefense alternatives. Directs the Council, among other things, to: (1) establish within the Executive Office of the President an Office of Economic Diversification-Adjustment to provide staff support for its work; (2) disseminate pertinent information to the appropriate Federal, State, and local authorities and to diversification-alternative use committees; (3) develop and coordinate data relating to defense economic diversification and adjustments; (4) serve as a resource for civilian job information for workers displaced from defense-related employment; (5) prepare and distribute a Diversification and Conversion Guidelines Handbook in accordance with prescribed content specifications outlined in this Act; and (6) make available for appropriate use information with respect to funds that could be used for diversification and conversion planning. Directs the Secretary of Defense to: (1) notify the Council one year in advance of any pending or proposed change in defense spending that would affect employment in the defense industry; and (2) furnish annually to the Council data with respect to future defense spending levels and contract progress. Title II: Community Economic Diversification - Adjustment Program - Directs the Council to establish a grant program to provide funds to be used for: (1) planning for economic diversification or conversion to avoid substantial dislocations; or (2) economic adjustment, in certain cases. Permits the awarding of grants to: (1) any community that is in the process of reducing a heavy dependency on defense-oriented activities or that is substantially affected by the reduction or elimination of Federal defense facilities or curtailment of defense contracts; (2) labor unions, business representatives, and private nonprofit economic development, job training, or education agencies located near or within such communities; and (3) the base management and civilian employees of a Federal military installation being closed or realigned. Directs the Council to establish grant eligibility criteria that will ensure assistance to the most vulnerable communities. Limits a community to a single grant for each major defense contract cancellation or military installation realignment. Instructs the Council to publish semiannually a listing of the currently eligible local government units. Permits any community not on such a listing to petition for inclusion. Requires every grantee to establish a diversification-alternative use committee to: (1) develop and review plans for the economic diversification of the defense-dependent area and for the alternative use of a major defense facility for other activity in the event of a Government decision affecting its continued role in defense; (2) review the industry-education partnership for training and retraining in defense-dependent areas and evaluate the particular manpower, environmental, and economic needs of the particular community; and (3) ensure that proper education and assistance are provided to employees displaced by defense-related facility closings. Sets forth criteria with respect to the contents of diversification and alternative use plans. Title III: Industry-Education Partnership - Amends the Carl D. Perkins Vocational Education Act to establish a program of grants to the States to carry out industry-education partnership vocational education programs designed to train and retrain workers in defense-related facilities or defense-dependent communities to allow them to find nondefense-related employment. Sets forth general guidelines for such grant program. Authorizes the use of grant funds for: (1) necessary administrative costs; (2) the training and retraining of instructional and guidance personnel; and (3) curriculum development and acquisition. Title IV: Miscellaneous - Authorizes FY 1988 through 1990 appropriations.
United States · United States Congress · 5 May 1987
Medicaid Nursing Home Quality Care Amendments of 1987 - Amends title XIX (Medicaid) of the Social Security Act to establish a single set of requirements for skilled nursing and intermediate care facilities (other than facilities for the mentally retarded), and to refer to such facilities as "nursing facilities." Sets forth requirements for nursing facilities, including requirements that such facilities: (1) primarily engage in providing residents with nursing care or rehabilitative services directed toward residents' mental, psychosocial, and physical well-being; (2) provide such care in accordance with a written plan of care initially prepared and periodically reviewed and revised by a licensed health care professional on the basis of assessments of a resident's functional capacity conducted upon the resident's admission and after a significant change in the resident's physical or mental condition, but in no case less often than annually; (3) provide, in addition to nursing and rehabilitative services, such physicians' services, medically-related social services, pharmaceutical services, dietician services, and dental services as are required to fulfill each resident's plan of care; (4) not use any individual who is not a licensed health care professional or licensed social worker to provide nursing or nursing-related services after 1989 to facility residents unless the individual has completed a State-approved training program or is enrolled in such a program, and is competent to provide such services; (5) require a physician's supervision of each patient's care, the maintenance of clinical records on all patients, and 24-hour nursing services; (6) protect specified patient rights, including the right to appeal an involuntary transfer or discharge from the facility; (7) safeguard a patient's funds upon the patient's authorization; (8) not admit any new resident, after 1988, who is mentally ill or retarded unless the State mental health authority deems such individual to require nursing facility services and decides whether the individual requires active treatment for mental illness or retardation; (9) notify the State agency responsible for licensing the facility of changes in the ownership, control, or administration of the facility; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for patient health and safety. Requires States to specify, by January 1, 1989, those nursing facility personnel training programs which meet the minimum standards to be established by the Secretary by July 1, 1988, and have the State's approval. Prohibits State approval of a training program offered by a facility that has been out of compliance with this Act's requirements within the previous two years. Requires States to: (1) establish a fair mechanism which meets Federal guidelines to be established by October 1, 1988, for hearing appeals on involuntary transfers of residents from nursing facilities; and (2) implement and enforce standards which are to be developed by the Secretary by January 1, 1989, regarding the qualifications of nursing facility administrators. Requires that, in addition to the preadmission review of mentally ill or retarded individuals, State mental health authorities conduct an annual review of mentally ill or retarded residents to determine whether such residents require nursing facility services and whether they require active treatment for mental illness or retardation. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by October 1, 1988. Sets forth required nursing facility responses to determinations as to whether such residents need nursing facility services and need, or do not need, active treatment for mental illness or retardation. Gives long-term residents who do not require nursing facility services, but who require active treatment, the choice of remaining in the facility or receiving covered services in an alternative setting. Requires nursing facilities to provide for the active treatment of residents in need of treatment for mental illness or retardation regardless of their continued need for nursing facility services or their discharge from such facility. Sets the Federal matching percentage for nursing facility personnel training programs at 50 percent and for preadmission and annual screening of mentally ill or retarded residents at 75 percent. Directs the Secretary to designate an instrument(s) by April 1, 1990, and States to specify the instrument by July 1, 1990, for use by States in assessing a resident's functional capacity. Requires the Secretary to report to the Congress by January 1, 1992, on the implementation of the resident assessment process. Imposes civil monetary penalties on individuals who falsify resident assessments. Makes the Secretary responsible for certifying that State nursing facilities comply, and States responsible for certifying that other nursing facilities comply, with Medicaid nursing facility requirements. Bases such certification on standard surveys to be conducted within two months of any change in the ownership or administration of such a facility and, on an unannounced basis, at nine- to 15-month intervals. Subjects facilities with poor compliance records to extended surveys. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in the use of resident assessment instruments; and (3) conduct sample surveys of nursing facilities, within two months of State surveys, to test the adequacy of State surveys and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States to investigate complaints against, and monitor the compliance of, a facility with this Act's requirements if the facility was previously found out of compliance with such requirements or the State has reason to question its compliance. Requires that certain information regarding nursing facilities and their compliance with this Act's requirements be made available to the public. Provides long-term care ombudsmen, resident's physicians, and the State board which licenses facility administrators with notice of a facility's poor quality of care. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Sets the Federal matching percentage for nursing facility certification activities at 90 percent in FY 1990, 85 percent in FY 1991, 80 percent in FY 1992, and 75 percent thereafter. Eliminates current penalties applied to a State when its control over the utilization of skilled nursing or intermediate care facility services is deemed inadequate. Requires that when the Secretary or a State determines that a nursing facility's deficiencies immediately jeopardize residents' health and safety, such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents is not immediately jeopardized. Provides that if a facility is out of compliance with any of this Act's requirements six months after having been found out of compliance with such requirements, Medicaid payments for newly admitted or eligible residents shall be denied. Sets forth special rules which are to be applied where a State and the Secretary do not agree on a finding of noncompliance or the remedies which should be prescribed.
United States · United States Congress · 5 May 1987
Directs the Administrator of Veterans Affairs to provide to certain persons who served during the Vietnam era as overseas volunteers a medical examination to determine if such individuals have any adverse health effects as a result of such service due to exposure to phenoxy herbicides or other herbicides. Provides that all individuals eligible for such medical examinations shall also be treated as veterans for purposes of eligibility for veterans' readjustment counseling. Terminates the eligibility for such medical examinations and counseling three years after the enactment of this Act. Requires the President to direct the Secretary of Defense, the Secretary of Health and Human Services, and the Administrator of Veterans Affairs to submit to the appropriate committees of the Congress a joint report on the question of U.S. Government responsibility for providing such volunteer personnel with health care and compensation for disabilities related to their service in Vietnam during the Vietnam era. Requires such report to be submitted to the Comptroller General for review and comments before submission to the Congress. Requires such report to be submitted within one year after the enactment of this Act. Directs the Administrator to determine whether women who served during the Vietnam era as overseas volunteer support personnel have experienced long-term adverse health effects (especially gender-specific adverse health effects) from either traumatic experiences during such service or from exposure to phenoxy herbicides or other chemicals during such service. Directs the Administrator, while making such determination, to consider the results of a similar study required under the Veterans' Health-Care Amendments of 1986, and to submit a report on the results of such study to the Congress not later than one year after the first report required under such Act is submitted.
United States · United States Congress · 30 April 1987
Authorizes the Librarian of Congress to designate employees of the Library of Congress as police for duty with respect to the Library buildings and adjacent streets. Requires the rank structure and pay for such employees to be the same as that for the Capitol Police.
United States · United States Congress · 30 April 1987
Declares that: (1) President Alfonsin should be commended for his actions in resolving the recent military unrest in Argentina; and (2) the President of the United States should take all appropriate action to indicate U.S. support for the current democratic regime in Argentina and the principles of a democratic society for the people of Argentina.
United States · United States Congress · 29 April 1987
Hearing Aid Compatibility Act of 1987 - Requires that all telephones sold, rented, or otherwise distributed in the United States be hearing aid compatible, except telephones that are manufactured before the effective date of this Act or that are not required to be registered with the Federal Communications Commission.
United States · United States Congress · 28 April 1987
Directs the Administrator of Veterans Affairs to provide to certain persons who served during the Vietnam era as overseas volunteers a medical examination to determine if such individuals have any adverse health effects as a result of such service due to exposure to phenoxy herbicides or other herbicides. Provides that all individuals eligible for such medical examinations shall also be treated as veterans for purposes of eligibility for veterans' readjustment counseling. Terminates the eligibility for such medical examinations and counseling three years after the enactment of this Act. Requires the President to direct the Secretary of Defense, the Secretary of Health and Human Services, and the Administrator of Veterans Affairs to submit to the appropriate committees of the Congress a joint report on the question of U.S. Government responsibility for providing such volunteer personnel with health care and compensation for disabilities related to their service in Vietnam during the Vietnam era. Requires such report to be submitted to the Comptroller General for review and comments before submission to the Congress. Requires such report to be submitted within one year after the enactment of this Act. Directs the Administrator to determine whether women who served during the Vietnam era as overseas volunteer support personnel have experienced long-term adverse health effects (especially gender-specific adverse health effects) from either traumatic experiences during such service or from exposure to phenoxy herbicides or other chemicals during such service. Directs the Administrator, while making such determination, to consider the results of a similar study required under the Veterans' Health-Care Amendments of 1986, and to submit a report on the results of such study to the Congress not later than one year after the first report required under such Act is submitted.
United States · United States Congress · 27 April 1987
Amends Federal law to include among the purposes of the Martin Luther King, Jr. Federal Holiday Commission the development of programs to educate young people with respect to Reverend King's contributions. Authorizes appropriations.
United States · United States Congress · 23 April 1987
National Policy and Technology Foundation Act of 1987 - Establishes, as an independent agency, the National Policy and Technology Foundation to develop and coordinate the collection, analysis, and dissemination through existing information systems of information as it relates to national and international economies, economic and industrial trends, technological advances, and related matters. Requires the Foundation to become a repository of such information and to provide a full array of informational and statistical services as well as monitor the quality of U.S. life through economic and other indicators. Establishes in the Foundation, in order to facilitate its purposes: (1) a National Policy and Technology Board; (2) an Office of Director of the Foundation; (3) a National Information Office; (4) an Office of National Policy, Analysis, and Assessment; (5) an Office of National Programs; (6) an Office of the Professions; (7) an Office of Institutional and Human Resource Development; (8) an Office of Small Business; and (9) an Office of Intergovernmental Technology and Professions Delivery Systems. Transfers to the Foundation: (1) the National Bureau of Standards; (2) the Patent and Trademark Office; (3) the National Technical Information Service; (4) the Office of Small Business Research and Development; (5) the Directorate for Engineering; (6) the Division of Industrial Science and Technological Innovation (exclusive of the nonengineering programs of the industry/university cooperative research projects program element) of the National Science Foundation; (7) the Intergovernmental Programs section of the National Science Foundation; (8) the Office of Industrial Technology; (9) the Center for the Utilization of Federal Technology; (10) the Division of Policy Research and Analysis of the National Science Foundation; and (11) functions of the Departments of Energy and Defense, of the National Aeronautics and Space Administration, and of the Public Printer which relate to the sale of Government information to the public. Transfers to the Foundation all the functions and authorities of the National Science Foundation and the Secretary of Commerce under the Stevenson-Wydler Technology Innovation Act of 1980. Requires the Foundation to monitor and assess such information, developing indicators and evaluating the impact of such information on current or proposed policy and the impact of policy upon economic indicators. Requires the Foundation to support research and professional development. States that advisory councils covering the full range of Foundation responsibilities shall be appointed by the Director. Requires the Director to coordinate Foundation programs with other government and private programs. States that a National Foundation Coordinating Board shall be appointed. Authorizes the Foundation to award scholarships and graduate scholarships. Requires the foundation to report biennially to the Congress and the President on the activities, issues, and recommendations of the Council. Authorizes appropriations for FY 1987.
United States · United States Congress · 23 April 1987
Designates the week of June 1 through June 7, 1987, as National Polio Awareness Week. Authorizes and requests the President to issue a proclamation saluting the work of the International Polio Network.
United States · United States Congress · 22 April 1987
Medicaid Community Property and Respite Care Act of 1987 - Title I: Community Property and Prevention of Spousal Impoverishment - Amends title XIX (Medicaid) of the Social Security Act to treat the income and resources of an institutionalized individual and his or her community spouse as community property in determining their Medicaid eligibility. Requires that, after an institutionalized individual is determined to be eligible for Medicaid, a monthly income allowance (allowance) be deducted from the institutionalized individuals monthly income and paid to his or her community spouse to the extent such spouse's monthly income falls short of a minimum monthly maintenance needs allowance determined pursuant to a specified formula. Gives the institutionalized spouse the right to a hearing to establish that the allowance is not adequate to support the community spouse without financial duress so that an adequate amount of support will be substituted for the allowance. Permits an institutionalized spouse to transfer resources to the community spouse to the extent the median net worth of male householders 65 years of age or older exceeds the amount of resources otherwise available to the community spouse. Title II: Offering of Respite Care under Medicaid - Provides Medicaid coverage of respite care for up to 30 days in any calendar year. Prohibits coverage of more than 15 consecutive days of inpatient respite care or three consecutive days of in-home respite care.
United States · United States Congress · 9 April 1987
Steel Rehabilitation and Restructuring Act of 1987 - Limits to specified percentages of the expected apparent domestic supply annual imports of certain carbon and alloy steel articles and specialty steel products. Sets forth a formula for determining the aggregate quantity of such products that may enter the United States in any calendar year after 1986. Requires the Secretary of Commerce, when allocating such limitations among foreign countries, to consider: (1) relevant provisions of voluntary export restraint agreements; (2) findings of unfair trade practices with respect to steel mill products; and (3) such other considerations as appropriate. Requires the Secretary, within 60 days after enactment of this Act, and in each October 1 thereafter, to determine the expected apparent domestic supply for such steel products. Requires the Secretary, on each such date, to determine and publish in the Federal Register the allocation for the next succeeding calendar year of permissible imports of such products by country or area. Requires quarterly revisions of such determinations. Declares that it is a goal of this Act to ensure that the entry of such steel products be equalized, taking into account historical seasonal variations. Sets forth circumstances under which the Secretary may provide additional quantitative restrictions on such products. Requires the Secretary, within 90 days after enactment of this Act, to determine whether U.S. steel companies have plans to utilize all of the cash flow from the steel sector for reinvestment in, and the modernization of, the steel sector. Provides that if such determination is negative, the quantitative restrictions on steel imports shall not take effect until the Secretary determines that such companies have plans to reinvest in the steel sector. Requires the Secretary, if there is an affirmative determination with respect to steel company reinvestment, to monitor, for a 12-month period, steel sector investments made by the steel industry. Requires the Secretary, on each anniversary of an affirmative determination, to determine whether steel companies are continuing to utilize substantially all the cash flow from the steel sector for reinvestment. Requires major steel companies to commit for the applicable 12-month period not less than one percent of net cash flow to the retraining of workers, except that such requirement may be waived by the President if unusual economic circumstances exist for such company. Permits the entry of additional tonnage of steel products into the United States in cases where domestic producers are unable to supply domestic demand for such products. Requires the Secretary to monitor the importation of fabricated steel mill products whenever there is reason to believe that such products are being, or are likely to be, imported into the United States in such quantities as to render ineffective the objectives of this Act. Requires the Secretary to advise the President on such matters. Requires the President to request the International Trade Commission (ITC) to initiate an investigation to determine such facts. Authorizes the President, if the ITC makes an affirmative determination, to impose an import surcharge or quantitative limitation on such products in order that entry of such products will not render ineffective the objectives of this Act. Limits the quantity of imported iron ore during any calendar year after enactment of this Act to a specified percentage of the expected apparent domestic supply.
United States · United States Congress · 9 April 1987
Amends the Internal Revenue Code to provide that the amount of a qualified artistic charitable contribution for income tax deduction purposes shall be the fair market value of the property contributed (determined at the time of such contribution). Defines "qualified artistic charitable contribution" as the contribution of any literary, music, artistic, or scholarly composition, letter or memorandum, or similar property, but only if: (1) such property was created by the personal efforts of the taxpayer making such contribution no less than one year prior to such contribution; (2) there is included with the tax return a written appraisal of the fair market value of the property; and (3) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's tax exemption. Limits the amount of qualified artistic charitable contributions available to a taxpayer in any taxable year to the taxpayer's artistic adjusted gross income for such taxable year. Defines "artistic adjusted gross income." Prohibits public officials from taking a deduction for the donation of their papers if the papers were generated as the work product of such individuals while employed as officers or employees of the United States or of any State. Provides that alternative tax itemized deductions shall be determined without regard to the deduction for qualified artistic charitable contributions.
United States · United States Congress · 9 April 1987
Stratospheric Ozone Protection Act of 1987 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to promulgate regulations controlling aggregate emissions of fully halogenated alkanes from the United States, setting a schedule which ultimately requires a 95 percent reduction from 1986 levels within seven years of enactment. Sets forth an emissions calculation formula which multiplies each fully halogenated alkane by its ozone depletion weight, adjusting aggregate amounts for imports, exports, production, and destruction or encapsulation. Requires the Administrator to establish a monitoring network to detect or predict modifications in the ozone layer. Requires the Administrator to conduct a detailed scientific assessment before implementing each stage of required reductions, adjusting the control measures as necessary. Prohibits, within one year of enactment, the import of fully halogenated alkanes in bulk from any nation without sufficiently stringent control measures. Prohibits, within three years of enactment, the import of all products containing fully halogenated alkanes from any nonequivalent nation. Sets forth a schedule of trade restrictions concerning the import or export of such alkanes, the technologies used to produce them, and the products produced by them. Requires the Administrator to report to the Congress annually on aggregate emissions and compliance. Sets forth enforcement provisions, including provisions allowing citizen suits.
United States · United States Congress · 9 April 1987
United States Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury a United States Peace Tax Fund (Fund) to receive such tax payments. Makes these tax designation procedures available to any individual who by reason of religious training and belief is opposed to participation in war in any form and either: (1) has been exempted from combat training and service in the armed forces under the Military Selective Service Act; or (2) satisfactorily demonstrates conscientious objection to war in any form. Authorizes the Secretary of the Treasury to deny such status to a taxpayer upon a finding that the taxpayer is not entitled to make such a designation. Allows a taxpayer to challenge such a denial by bringing an action in the United States Tax Court or in U.S. District Court for a declaratory judgment as to whether the taxpayer is an eligible individual for purposes of such designation. Requires that each publication of general instructions accompanying income tax returns include specified information about the Fund, including the purposes of the Fund and the criteria governing one's eligibility to designate tax payments for such Fund. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return during such year for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1988 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to distribute funds for eligible nonmilitary activities and research. Sets forth the Board's membership structure and its duties. Directs the Board to publish regulations to govern applications for funds. Includes as activities qualified for funding: (1) research directed toward developing nonviolent solutions to international conflict; (2) disarmament efforts; (3) special projects of the United States Institute of Peace; (4) improvement of international health, education, and welfare; and (5) retraining of workers displaced by conversion from military production activities. Authorizes appropriations.
United States · United States Congress · 9 April 1987
Declares that the Congress strongly supports: (1) the Special Programme on AIDS (acquired immune deficiency syndrome) established by the World Health Organization; and (2) coordination of relevant U.S. agencies with the World Health Organization in its effort to combat the AIDS disease.
United States · United States Congress · 8 April 1987
Portable Pension Plan Act of 1987 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require, at an employee's request, any employer who has not maintained a qualified pension plan for five years prior to such request to establish a salary reduction arrangement providing for employee coverage under a simplified employee pension plan. Provides that employers are not required to make contributions to such plan. Amends the Internal Revenue Code to make conforming amendments. Directs the Secretary of Labor to prescribe by regulation a simplified method of compliance with simplified employee pension plans. Makes participation and vesting requirements of ERISA applicable to such plans and funding requirements inapplicable to such plans. Increases from ten percent to 20 percent the additional tax on early distributions from qualified retirement plans. Exempts from such tax early distributions from individual retirement plans for medical expenses. Requires the consent of the participant before the immediate distribution of a vested accrued benefit in excess of $3,500. Provides for the portability (transfer) of amounts between plans upon a participant's preretirement separation from service. Allows the distribution of vested amounts that do not exceed $200. Makes conforming amendments to the Internal Revenue Code. Requires the Secretary of Labor to take such action as necessary to facilitate and encourage the establishment and continued maintenance by small employers of employee pension benefit plan coverage, including providing access to instructional information and information by toll-free telephone. Directs the Secretary to report annually to specified congressional committees on the extent to which efforts have been made to meet such requirement. Requires the Comptroller General of the General Accounting Office to report to the Congress on the retirement plan qualification process and the portability of pension benefits, together with recommendations.
United States · United States Congress · 8 April 1987
Elderly Victims of Crime Act of 1987 - Amends the Victims of Crime Act of 1984 to require States (in order to receive grants from the Crime Victims Fund) to certify that priority will be given to eligible programs which provide assistance to elderly crime victims.
United States · United States Congress · 8 April 1987
Elder Abuse Information Act of 1987 - Directs the Attorney General to: (1) acquire statistical data about the incidence of elder abuse for 1988 and 1989 and publish annual summaries of such data; and (2) modify the uniform crime reporting program of the Federal Bureau of Investigation to include data, for types of offenses that may involve elder abuse, on the age of the victim and the victim's relationship to the offender.
United States · United States Congress · 8 April 1987
Declares that the House of Representatives: (1) calls for the immediate release of all the children detained under state of emergency regulations in South Africa; and (2) pending the release of the children, calls on South Africa to permit parental access to the children, make public their names and their location, provide them with adequate food, clothing, and protection, and permit an international organization to verify the above and make sure that such children are not abused or tortured.
United States · United States Congress · 8 April 1987
Expresses the sense of the Congress that: (1) the Congregate Housing Services program should be permanently reauthorized; and (2) FY 1988 and 1989 funding should be set at specified levels.
United States · United States Congress · 7 April 1987
Amends Federal provisions relating to the National Guard to include positions held by civilian technicians of the National Guard within the competitive service. Provides that service performed by such technicians prior to the effective date of this Act shall be considered competitive service for purposes of eligibility for certain Federal benefits.
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
Amends the Federal criminal code to make it unlawful for an employer to monitor an employee's work phone call unless a repeating audible warning tone is utilized. Allows any person whose call is monitored in violation of this Act to recover civil damages.
United States · United States Congress · 6 April 1987
Expresses the sense of the House of Representatives that for each nuclear power plant that does not currently possess a full-power operating license, the Nuclear Regulatory Commission should apply its regulations so that such a license may be issued only if all of the Commission's emergency planning requirements are met. Includes in such requirements: (1) submission of off-site emergency plans to the Commission by State and local governments; and (2) a finding by the Federal Emergency Management Agency, and a determination by the Commission, that such plans and emergency preparedness are deemed adequate to protect the public safety in the event of a serious reactor accident.
United States · United States Congress · 2 April 1987
Medicare and Medicaid Catastrophic Acute and Transitional Care Act - Title I: Medicare (Federal Medigap Insurance) - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to cover the amount by which a part B enrollee's out-of-pocket expenses exceed $500 in 1989, adjusting such ceiling thereafter to reflect changes in total Medicare per capita expenses. Excludes from the computation of a beneficiary's out-of-pocket expenses, amounts above the full part B payment to physicians and others who do not accept assignment. Covers a Medicare beneficiary's prescribed drugs to the extent they exceed an annual $300 deductible, adjusted annually to reflect changes in the cost-of-living. Imposes a copayment of two dollars per prescription. Amends part A (Hospital Insurance) of the Medicare program to require that an inpatient hospital deductible be paid only for the first period of continuous hospitalization in a calendar year. (Currently, such deductible must be paid for each "spell of illness" requiring inpatient hospital services.) Removes durational limitations on the coverage of inpatient hospital services, except with respect to inpatient psychiatric hospital services. Eliminates the coinsurance requirement for inpatient hospital services. Drops restrictions on the coverage of extended care services which are not post-hospital extended care services. Covers post-hospital extended care services for 150 days in each calendar year. (Currently, such coverage is limited to 100 days for each "spell of illness".) Revises eligibility requirements for extended care and home health services. Includes rehabilitative services within the scope of extended care and home health services. Covers 50 percent of the reasonable charges for prescribed respite care if the entity furnishing such care accepts payment under part B of the Medicare program on an assignment-related basis. Includes in-home care, adult day health care, and short-term institutional care within the definition of "respite care." Directs the Secretary of Health and Human Services to set a limit on annual respite care payments made on behalf of an individual. Excludes transitional care, as defined by the Secretary (to include home health and extended care services, but not respite care), from Medicare coverage, unless a plan has been established for furnishing such care. Creates an extension period of hospice care for terminally ill beneficiaries which is to follow the two 90-day periods and the subsequent 30 day period of hospice care coverage currently provided in an individual's lifetime. Reduces the deductible imposed under part A on the first three pints of blood furnished to an individual during a calendar year to the extent such blood is replaced or a blood deductible has been imposed on the individual under part B of the Medicare program within such year. Requires the Secretary to establish three-year demonstration projects examining "managed care" approaches to providing transitional nursing home, home health, and respite care to Medicare beneficiaries. Sets forth reporting requirements. Title II: Medicaid Program Improvements - Amends title XIX (Medicaid) of the Act to allow States to extend Medicaid coverage to pregnant women and infants under age one whose income exceeds current income eligibility standards, but does not exceed 185 percent of the Federal poverty level. Requires States to extend Medicaid coverage to children: (1) under age 18 (or, in the case of a child in school, a job, or job training, age 21) who meet the income and resource requirements of the State plan under part A (Aid to Families with Dependent Children) of title IV of the Act; and (2) under age five whose family income is at or below the Federal poverty level. Authorizes States to accelerate the coverage of poor children under age 18 (or, in the case of a child in school, a job, or job training, age 21). (Currently, such coverage is extended gradually.) Requires States to provide Medicaid coverage for Medicare premiums, deductibles, and coinsurance payments for which Medicare-eligible individuals whose income does not exceed the Federal poverty level would otherwise be accountable. Separates the income and resources of an institutionalized individual from the income and resources of his or her community spouse in determining the institutionalized individual's Medicaid eligibility. Requires that, after a personal needs allowance is deducted from an institutionalized individual's monthly income, a monthly income allowance be paid to his or her community spouse (in addition to a family allowance for each family member residing with such spouse) to the extent such spouse's monthly income falls short of a minimum monthly maintenance needs allowance (allowance) determined pursuant to a specified formula. Gives the institutionalized spouse the right to a hearing to establish that the allowance is not adequate to support the community spouse without financial duress so that an adequate amount of support will be substituted for the allowance. Prohibits the allowance from being less than court ordered support payments. Permits an institutionalized spouse to transfer resources to the community spouse to the extent $12,000 exceeds the amount of resources otherwise available to the community spouse. Amends title XVI (Supplemental Security Income) of the Act to increase the personal needs allowance of an eligible institutionalized individual or his or her institutionalized spouse. Title III: Financing of Improvements - Amends the Internal Revenue Code to impose additional excise taxes on cigarettes. Provides for cost-of-living adjustments of such excise taxes after 1988. Imposes a tax surcharge on the income of individuals who are age 65 or older to cover the additional Medicare expenditures occasioned by this Act which are not covered by other revenues raised by this Act. Increases the Medicare supplementary medical insurance premium by ten dollars for each month in 1989, with subsequent monthly adjustments reflecting changes in the cost-of-living. Applies 50 percent of the revenues from the additional cigarette taxes and all of the revenues raised by the tax surcharge on the income of elderly individuals to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Applies 12 1/2 percent of the revenues from the additional cigarette taxes to the reduction of the State share of Medicaid costs. Expresses the sense of the Congress that the remaining 37 1/2 percent of the revenues raised by such taxes should be used to reduce the Federal cost of Medicaid.
United States · United States Congress · 2 April 1987
Process Patent Amendments Act of 1987 - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a process patented in the United States. Requires the infringer to know or be on notice that the product was made by a process patented in the United States before a process patent holder may recover damages. Places the burden of proof in an infringement action to show that product was not produced by the patented process on the defendant. Makes this provision effective prospectively only. Directs the Secretary of Commerce to report annually to the Congress for five years on the effect of this provision on the importation of manufacturing ingredients in certain domestic industries.
United States · United States Congress · 1 April 1987
Home Health and Hospice Care Waiver Extension Act of 1987 - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 and the Omnibus Budget Reconciliation Act of 1986 to continue, until FY 1990, waivers of liability which provide that home health agencies and hospice programs which keep their services for which Medicare coverage (under title XVIII of the Social Security Act) is denied below specified percentages shall not be denied payment for such care. (Currently, the home health agency waiver expires one year after certain regional intermediaries begin to service such agencies and the hospice program waiver expires on November 1, 1988.)
United States · United States Congress · 1 April 1987
Home Health Communications Act of 1987 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to direct a fiscal intermediary to provide each home health agency it serves a copy of a written notice and communication of a nonwritten notice of any change in Medicare home health policy within seven days of receiving such notice from the Department of Health and Human Services.
![Official portrait of Rep. Crockett, George W., Jr. [D-MI-13]](https://www.congress.gov/img/member/c000919_200.jpg)