United States · United States Congress · 10 March 1988
Expresses the sense of the Congress that the Secretary of Transportation (the Secretary) should: (1) investigate the management of Texas Air Corporation and Eastern Air Lines since the acquisition of Eastern by Texas Air to determine (according to prescribed guidelines) the effect of such management upon the public interest; (2) use the investigation findings as a basis for decisions in pending and future cases involving proposed changes in domestic and international operations of Eastern; (3) not authorize the operation of any entity as a subsidiary of Texas Air in performing any air transportation operations until completion of a review to determine whether such performance is consistent with the public interest; (4) not authorize any Texas Air subsidiary to engage in air transportation until the application for such certificate has been reviewed; (5) not authorize Orion Air to provide contract services with Eastern unless Orion establishes conclusively its capability of conducting such operations with the highest degree of safety; (6) not expedite consideration of Orion's request to operate under contract with Eastern by diverting employees of the Department of Transportation or the Federal Aviation Administration from their responsibilities of ensuring the safety of previously authorized operations; and (7) require, as a condition of any approval of Orion's request to operate under contract with Eastern, that purchasers of tickets for such service must be informed at the time of making reservations of the identity of the carrier having operational responsibility for such service.
United States · United States Congress · 3 March 1988
Tank Spill Prevention Act of 1988 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (Administrator) to promulgate regulations applicable to above-ground storage tanks which include requirements that tank owners and operators adopt spill and leak prevention plans and construct and maintain spill and leak prevention systems. Requires that spill and leak prevention systems: (1) be capable of catching and holding 110 percent of the tank's capacity and containing a rapid burst or wave of the contents; (2) be reviewed by the tank's owner or operator and a qualified registered professional engineer and certified as fail safe and reflective of good engineering practices; and (3) include tank testing before operations begin and at least once every three years thereafter. Permits the substitution of inspection when testing is impracticable. Requires that spill and leak prevention plans: (1) be designed specifically for each facility; (2) assure that adequate procedures, equipment, and trained personnel are available to control and clean up any release of a regulated substance; (3) be certified by a qualified registered professional engineer as reflective of good engineering practices; (4) be updated periodically as new spill control and clean-up technology is developed; and (5) include procedures for the prompt notification of the National Response Center and the nearest local government. Authorizes the Administrator to require a tank owner or operator to undertake corrective action in response to any release of a regulated substance from the tank when such action will be done properly and promptly. Authorizes the Administrator to take corrective action where the owner or operator fails to take prompt and effective action and human health and the environment are endangered. Requires tank owners or operators to amend their spill and leak plans and systems whenever a major modification in the design, construction, operation, or maintenance of the tank materially affects the tank's potential to release substances. Prohibits a tank's use until such amended plan and system have been certified by an engineer and approved by the Administrator. Permits the establishment of financial responsibility for a spill by any means the Administrator deems appropriate. Authorizes the assertion of claims against guarantors providing evidence of financial responsibility for claims against insolvent owners or operators of tanks. Limits guarantor liability to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator. Authorizes the Administrator to establish coverage requirements which may vary among particular classes or categories of above-ground storage tanks. Authorizes a State to submit for the Administrator's review and approval a program under which such State would assume primary responsibility for the enforcement of regulations pertaining to above-ground storage tanks. Requires that State regulation and enforcement procedures be at least as stringent as those used by the Administrator. Requires the Administrator to monitor State programs for compliance with this Act's requirements. Directs the Administrator to impose a fee on all above-ground storage tanks which shall be deposited in a Tank Spill Enforcement Fund for use in providing grants to States for administering State programs. Authorizes the Administrator to issue compliance orders or commence civil actions against violators of this Act's requirements, but requires that prior notification be given to States operating their own program. Imposes criminal and civil monetary penalties for violations of this Act's requirements. Makes tank owners and operators liable for the Administrator's corrective action costs and damages arising out of or directly resulting from the unauthorized release of a regulated substance from the tank. Makes third parties liable when owners or operators can establish that the costs and damages were caused solely by third parties. Sets forth defenses to liability. Authorizes the Administrator to establish limits on total liability except where: (1) the incident was proximately caused by the willful misconduct or gross negligence of the tank owner or operator, or by the violation of applicable Federal safety, construction, or operating regulations; or (2) the tank owner or operator fails to report an incident where required by law to do so and has reason to know of such incident or fails to cooperate and assist with removal activities. Provides for the appointment of Federal and State trustees who shall act on behalf of the public to recover damages for injuries and losses to natural resources. Gives a trustee's assessment of such damages the status of a rebuttable presumption in administrative and judicial proceedings. Requires that recovered sums be used to restore or replace natural resources. Allows tank owners or operators to recover removal costs and damages to which a defense or liability limitation is applicable, provided such claim is presented within a specified period of time. Prohibits indemnification agreements from effectively transferring liability under this Act.
United States · United States Congress · 2 March 1988
Expresses the sense of the House of Representatives that: (1) the proposed loan by the International Bank for Reconstruction and Development for Mexico's steel industry is not in the best interests of the United States or in the best interests of Mexico's economic revitalization; and (2) the United States should use its best efforts to prevent approval of such loan.
United States · United States Congress · 25 February 1988
Makes available from the contingency fund of the House of Representatives certain amounts for expenditures by the following House committees in the second session of the 100th Congress: Aging; Agriculture; Armed Services; Banking, Finance and Urban Affairs; Children, Youth, and Families; District of Columbia; Education and Labor; Energy and Commerce; Foreign Affairs; Government Operations; House Administration, including the House Information Systems; Hunger; Intelligence; Interior and Insular Affairs; Judiciary; Merchant Marine and Fisheries; Narcotics Abuse and Control; Post Office and Civil Service; Public Works and Transportation; Rules; Science, Space, and Technology; Small Business; Standards of Official Conduct; Veterans' Affairs; and Ways and Means. Limits the use of such funds to investigations and studies, including procurement of consultant services and specialized training for professional staff. Makes additional funds available to the Committee on the Judiciary only for investigations and studies concerning judicial impeachment. Directs the Committee on House Administration, through the House Information Systems, to develop, operate, and improve computer and information services for the House of Representatives.
United States · United States Congress · 25 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)
United States · United States Congress · 10 December 1987
Amends Federal veterans' benefits provisions to direct the American Battle Monuments Commission to establish a memorial and museum on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial and museum. Establishes the World War II Memorial and Museum Advisory Board to: (1) promote the establishment of the memorial and museum and encourage the donation of private funds for construction and maintenance; and (2) recommend the site and select the design for the memorial and museum, subject to the approval of the Commission. Authorizes the Commission to solicit private contributions for such memorial and museum. Authorizes Federal funding, in addition to such private funds, for preparation, planning, establishment, construction, and maintenance of the memorial and museum. Authorizes assistance from specified Federal departments and agencies. Authorizes Federal property to be transferred to the Commission, or authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial and museum.
United States · United States Congress · 19 November 1987
Act for Better Child Care Services of 1987 - Authorizes appropriations for FY 1988 and such sums as necessary for FY 1989 through 1992 to carry out the purposes of this Act. Specifies the manner of making allotments for child care services. Requires the designation of a lead agency in each State which participates in the programs under this Act. Requires States to submit, in order to qualify for assistance under this Act, an application and plan to the Secretary of Health and Human Services. Requires each plan to cover a five-year period and to meet specified requirements for providers of child care services. Authorizes the use of State allotments: (1) by contracts with or grants to eligible child care providers, or public or private nonprofit agencies, to enable such providers or agencies to operate programs directly or by subcontract; or (2) by distributing child care certificates that parents may use as payment for child care services. Requires that a percentage of funds be reserved to enable part-day programs to extend existing hours of operation and provide full-day child care services. Authorizes the Secretary to make planning grants to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Provides for a review of the operation of a State plan during the five-year period to determine its continued eligibility for funds. Requires the Governor of each participating State to establish: (1) a State interagency advisory committee on child care to assist the lead agency in carrying out its responsibilities; and (2) a State committee on licensing to review the licensing requirements, the law, and the policies regulating child care services and programs within the State. Requires each participating State to recognized private nonprofit community-based organizations, or public organizations, as resources and referral agencies for particular geographic areas. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of inservice, continuing education, or other training as described in this Act. Directs the Secretary to establish within the Department of Health and Human Services an Administrator of Child Care to carry out the provisions of this Act. Establishes enforcement provisions for review of State plans and monitoring of State compliance. Declares the Federal share of child care programs to be 80 percent and requires the State to demonstrate that the remaining 20 percent will be provided from other sources. Requires the Secretary to establish a National Advisory Committee on Child Care Standards to: (1) review Federal policies on child care services and such other data as appropriate; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resources and referral agencies. Terminates the committee 90 days after the date of publication of final minimum child care standards. Prohibits the use of funds under this Act for: (1) sectarian purposes or activities; (2) capital improvements to sectarian institutions; and (3) tuition.
United States · United States Congress · 10 November 1987
Directs the Secretary of Commerce to adjust census figures as necessary so that illegal aliens shall not be counted for purposes of the apportionment of Representatives in the Congress.
United States · United States Congress · 3 November 1987
Expresses the sense of the Congress that the people of the United States should purchase U.S. products and services whenever possible. Urges the President and the State Governors to issue proclamations calling upon the people to promote this policy with appropriate ceremonies and activities. Requests that leaders of civic and consumer organizations, and of the mass media, assist in: (1) promoting awareness of the importance of selecting U.S. goods and services; and (2) identifying such American goods and services, and the merchants from whom they may be acquired. Requests and encourages U.S. producers and manufacturers to make every effort to label and advertise the U.S. origin of such goods.
United States · United States Congress · 1 October 1987
Federal Employees' Political Activities Act of 1987- Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using or attempting to use, or permitting the use of, any official information unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employees' official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Describes such a political appointee as one: (1) whose duties and responsibilities continue outside normal duty hours and while away from the normal duty post; (2) who is paid from an appropriation for the Executive Office of the President; (3) whose position is located within the United States; and (4) who determines policies to be pursued by the United States in its relations with foreign powers or in the nationwide administration of Federal laws. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Directs the Special Counsel to prescribe rules and regulations to implement this Act. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 21 September 1987
Title I: Heritage Preservation Commission - Establishes in the Department of the Interior the Heritage Preservation Commission to make loans or grants to preserve and protect sites which are related to the industrial development of southwestern Pennsylvania. Requires the Commission to coordinate government activities and develop guidelines and standards for projects. Requires the Commission to report annually to the Secretary of the Interior and within one year to the appropriate congressional committees on project cost estimates. Terminates such Commission in ten years. Authorizes appropriations. Title II: National Heritage Trails - Directs the Secretary of the Interior to designate a vehicular tour route in central and western Pennsylvania to be known as the National Heritage Trails, linking sites of historic, cultural, natural, and recreational interest. Authorizes the erection of informational markers. Authorizes the Secretary to provide technical assistance in the development of interpretive devices and materials. Authorizes appropriations.
United States · United States Congress · 6 August 1987
Amerasian Homecoming Act - Provides for the admission as an immigrant into the United States (for two years beginning 90 days after enactment of this Act) of an alien residing in Vietnam who: (1) was born in Vietnam after January 1, 1962, and before January 1, 1976, and whose father was a U.S. citizen; or (2) is the spouse, child, or mother, or has acted as the next of kin (with specified limitations) of such an alien. Requires on-site consular interviews in making such determinations. Provides for an eight-month period of visa validity. Provides, with regard to such aliens, for: (1) the waiver of specified exclusionary grounds under the Immigration and Nationality Act; and (2) specified (refugee) assistance under such Act. Directs the Attorney General, in cooperation with the Secretary of State, to submit program reports to the Congress annually for three years.
United States · United States Congress · 21 July 1987
Designates October 15, 1987, as National Safety Belt Use Day. Authorizes and requests the President to issue a proclamation calling on the people to wear safety belts and have their children use child safety seats, and encouraging public safety and law enforcement agencies to promote these devices.
United States · United States Congress · 15 July 1987
Amends rule XI of the Rules of the House of Representatives to require all testimony of witnesses at committee or subcommittee hearings to be taken under oath.
United States · United States Congress · 9 July 1987
Urges the administration to continue to reject efforts by Canadian negotiators to: (1) have the U.S. cabotage trades, including the transport of energy resources, opened to Canadian vessels; and (2) eliminate the ad valorem duty on vessel repairs performed in Canadian shipyards.
United States · United States Congress · 24 June 1987
Medicare Long-Term Home Care Catastrophic Protection Act of 1987 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide part A coverage of long-term home care furnished through home health agencies to chronically ill individuals who are under a physician's care. Requires physicians to establish and periodically review a written plan of long-term home care for each of their patients who receive such coverage. Lists the services which comprise long-term home care. Defines a "chronically ill individual" as an individual who requires assistance with at least two daily living activities or has a similar level of dependency due to cognitive impairment. Holds monthly payments for long-term home care to 75 percent of the average monthly payment under the Medicaid program (title XIX of the Act) for skilled nursing facility services. Amends title II (Old Age, Survivors and Disability Insurance) of such Act to cover, under part A of the Medicare program, long-term home care provided to children who: (1) are chronically ill and require assistance with at least two daily living activities; or (2) require a medical device to compensate for the loss of a vital body function and substantial and ongoing nursing care to avert death or further disability. Holds monthly payments for the latter category of children to the amount which would be payable under the Medicaid program if such children were institutionalized. Adds a new title XXI to the Social Security Act entitled "Home Care Quality Assurance." Requires the Secretary of Health and Human Services to promulgate a home care consumers' bill of rights which includes rights: (1) facilitating consumer participation in the planning and delivery of services; (2) requiring consumer notification regarding services, charges for services, and the termination or reduction of services; (3) protecting consumer dignity, privacy, and property; and (4) ensuring service from properly trained and competent individuals. Requires home health agencies to: (1) satisfy Medicare home care agency requirements; (2) provide consumers with copies of the home care bill of rights; (3) implement grievance review procedures and provide copies of such procedures to consumers; (4) provide consumers with schedules of the services to be provided; (5) have methods for identifying and reviewing a home care consumer's needs and coordinating the provision of services with other home health agencies; (6) ensure that each home care provider whom they employ or have under contract receives training; and (7) evaluate annually and supervise each home care provider whom they employ or have under contract. Conditions coverage of durable medical equipment services on providers: (1) issuing written instructions to and training the home care consumer and staff in the operation of such equipment; and (2) formulating an emergency plan for providing services to the consumer. Directs the Secretary to establish procedures for conducting an equal number of announced and unannounced surveys of a home health agency's compliance with title XXI participation conditions, with more frequent surveys required for agencies with poor compliance records. Authorizes the Secretary to contract with States having survey procedures equivalent to those the Secretary would otherwise apply to conduct such compliance surveys and transmit their results to the Secretary annually. Directs the Secretary to develop procedures for reviewing State surveys, with more frequent review required if peer review organizations (PROs) find at least ten percent of State-surveyed agencies to have serious or chronic quality of care problems. Directs the Secretary to promulgate regulations, within one year of this Act's enactment, pursuant to which PROs shall monitor the provision of home health services, devoting at least 75 percent of their efforts to quality assurance. Requires the inclusion of: (1) both documentary review and personal interviews of home care consumers and providers in the PRO review process; and (2) representatives of home care providers and consumers in PRO membership. Requires the Secretary to establish a Consumer Board to oversee the review activities of PROs. Directs the Board to report to the Secretary and the State's chief executive on October 1 of each year regarding such review activities. Requires the Secretary to develop methods for monitoring continuity in the provision of health care and outcome-orientated criteria for monitoring the quality of home care. Requires that PROs: (1) establish and operate statewide toll-free hotlines for receiving home care questions and complaints; and (2) assist consumers in resolving home care quality problems. Directs Consumer Boards and PROs to cooperate with State and local officials in educating consumers regarding quality assurance programs and the assistance available for consumers with quality assurance problems. Requires the Secretary to issue regulations which impose sanctions against agencies and providers failing to comply with this Act. Requires the Secretary to report to the Congress on January 1 of each year regarding the availability, adequacy, and use of sanctions. Requires the Secretary to develop incentives to contractor compliance with title XXI participation conditions, including an annual directory of home care agencies having a consistent record of compliance with such conditions. Directs the Secretary to: (1) encourage States to develop home care provider licensing and certification policies; and (2) issue a biennial report on State implementation of such policies. Establishes a Home Care Quality Assurance Council with which the Secretary must consult in implementing and administering title XXI of the Social Security Act. Directs the Secretary to award grants for home care agency and provider training programs and to furnish States and home health agencies and providers with training materials. Directs the Secretary to: (1) conduct, and issue a report regarding, studies on home care quality assurance measures; and (2) report to the Congress on January 1 of each year regarding the nature and performance during the preceding fiscal year of the home care quality assurance system. Authorizes appropriations from the Federal Hospital Insurance Trust Fund to carry out title XXI. Directs the Secretary to issue regulations by 1988 for implementing title XXI. Permits disabled individuals to purchase part A (Hospital Insurance) Medicare coverage during the 24-month waiting period preceding their entitlement to such coverage. Amends the Internal Revenue Code to subject all of an individual's wages and self-employment income to the Hospital Insurance tax.
United States · United States Congress · 18 June 1987
Administrative Law Judge Corps Act - Amends Federal law to establish, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges. States that the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States that such judge shall be appointed by the President, with the advice and consent of the Senate. Directs the chief judge to submit annual reports to the President and the Congress. Establishes divisions (to number between four and ten) within the Corps, with each division headed by a division chief judge appointed by the chief administrative law judge, with the approval of the Council of the Administrative Law Judge Corps (the first division chief judge of each division shall be appointed by the President, with the advice and consent of the Senate). Sets forth qualifications for division chief judges. Identifies initial divisions and their respective areas of jurisdiction. States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to determine matters of general Corps policy, including: (1) issuance of regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges. Establishes a Judicial Nomination Commission to submit a list of qualified nominees for positions of chief judge and division chief judges. Prescribes a procedure for recommending appointments to the President. Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management. Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases. Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law. Authorizes appropriations.
United States · United States Congress · 18 June 1987
Declares that the Secretary of State should recommend the continued extension of voluntary departure status for nationals of Poland in the United States, and the Attorney General should continue to extend such status for nationals of Poland.
United States · United States Congress · 17 June 1987
Major Disaster Relief and Emergency Assistance Amendments of 1987 - Amends the Disaster Relief Act of 1974 to make eligible for assistance for the repair, restoration, reconstruction, and replacement of damaged facilities special purpose local governments such as levee districts, irrigation districts, and reclamation districts. Declares that the Federal share of such assistance shall not be less than 75 percent (currently, such assistance can not exceed 100 percent). Requires the President to issue rules which provide for the recognition of differences existing among urban, suburban, and rural lands to facilitate adequate removal of debris and wreckage from large lots. Declares the Federal share of assistance for debris removal to be 75 percent. Provides for temporary housing assistance for up to 18 months after the date of a major disaster. Authorizes the President to extend such period for an additional 18 months due to extraordinary circumstances. Declares the Federal share of such assistance to be 100 percent of eligible costs. Provides that temporary housing assistance may not be used for reconstruction or rehabilitation of damaged property when the cost of such assistance exceeds the cost of other applicable types of housing. Sets forth notification requirements for the President when persons apply for temporary housing assistance, including: (1) all forms of assistance available; (2) criteria that must be met to qualify for each type of assistance; (3) limitations which apply to each type of assistance; and (4) the address and telephone number of offices responsible for assisting applicants. Requires that housing assistance account for the applicant's location of and travel time to: (1) the applicant's place of business; (2) schools which family members may attend; (3) any home or place of business whose destruction or damage is the result of the major disaster which created the need for assistance; and (4) crops or livestock the applicant tends which provide 25 percent or more of the applicant's annual income. Includes in the individual and family grant program an authorization for the President to make grants to States for land use and construction projects designed to mitigate future major disaster-related loss. Authorizes a State to expend up to ten percent (currently, three percent) of any such grant for administrative expenses. Increases the limitation on such grants for families and individuals from $5,000 to $10,000. Repeals the restriction that crisis counseling be provided only through the National Institute of Mental Health. Removes the authority of the President to make grants to States for the removal of damaged timber from private lands. Provides that appeals arising from assistance decisions must be acted upon within 60 days of the receipt of such appeal. Declares that eligibility for Federal disaster assistance begins on the date: (1) of the occurrence of the disaster; or (2) on which eligible costs are incurred, whichever is earlier. Declares that disaster assistance shall not be restricted to limit assistance to a particular geographic area. Sets forth procedures for State governors to request declarations by the President that a major disaster exists. Requires such request to be based on a finding that effective response to such disaster is beyond the capabilities of the State and local governments and that Federal assistance is necessary. Describes general and essential assistance that the President may provide. Authorizes the President to contribute up to 50 percent of the cost of hazard mitigation measures. Establishes an emergency assistance program. Sets forth procedures for State governors to request the President to declare an emergency. Describes general Federal assistance under such an emergency. Limits the amount of emergency assistance to $5,000,000, which may be exceeded if the President finds it necessary. Requires the President to report to the Congress on the nature and extent of an emergency when such limitation is exceeded. Requires public and private nonprofit facilities in flood hazard areas to maintain flood insurance. Declares that major disaster and emergency assistance shall not be considered income or a resource when determining benefit levels for Federal programs. Requires the President to establish comprehensive standards to be used to assess the efficiency and effectiveness of Federal emergency and major disaster response programs administered by the Federal Emergency Management Agency. Authorizes the Federal Government to recover the cost of assistance from any person whose negligent act or omission, or whose act or omission while engaged in ultra-hazardous activity, resulted in an emergency or major disaster. Directs the President to conduct audits and investigations necessary to ensure compliance with this Act. Revises provisions relating to criminal and civil penalties. Increases from $25,000 to $50,000 the maximum amount of grants to States for improvement, maintenance, and updating of State plans. Renames the Disaster Relief Act of 1974 the Major Disaster Relief and Emergency Assistance Act.
United States · United States Congress · 10 June 1987
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds may be issued. (Under current law, authority to issue these bonds expires as of 1989.)
United States · United States Congress · 10 June 1987
Authorizes and requests the President to declare June 27, 1987, as National Sokol Day in the United States, commemorating the Sokol, an association of Americans of Czech ancestry dedicated to gymnastics and democracy.
United States · United States Congress · 3 June 1987
Retirement and Survivor Annuities for Bankruptcy Judges and Magistrates Act of 1987 - Establishes a new retirement system for bankruptcy judges and magistrates with 14 or more years of service, or at least eight years of service, upon attaining age 65. Entitles a bankruptcy judge or magistrate who has served at least five years to disability retirement. Provides for cost-of-living adjustments in such retirement system. Requires each bankruptcy judge or magistrate who elects an annuity under this Act to notify the Director of the Administrative Office of the United States Courts. Declares that such judge or magistrate shall not be entitled to an annuity under the civil service systems. Declares this Act applicable to service on or after October 1, 1979. Establishes transition provisions for incumbent judges and magistrates. Provides survivors' annuities for bankruptcy judges, magistrates, and incumbents. Authorizes the recall of retired bankruptcy judges and magistrates into service.
United States · United States Congress · 2 April 1987
Social Security Transitional Benefit Computation Act of 1987 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)
United States · United States Congress · 1 April 1987
Establishes a commission to: (1) study the causes of the current decline in the industrial base of the United States; (2) examine and formulate remedies for the decline; and (3) propose to the President and to the Congress programs to remedy the decline and revivify the Nation's industrial manufacturing base.
United States · United States Congress · 30 March 1987
Higher Education Technical Amendments Act of 1987 - Amends provisions of the Higher Education Act of 1965 relating to: (1) the selection criteria for institutional challenge grant eligibility, including provisions for the waiver of certain requirements in certain cases when the Secretary of Education determines that such a waiver will substantially increase higher education opportunities appropriate to the needs of American Indians; (2) the value of a principal residence for the purpose of computations to determine Pell grant eligibility in certain cases involving dislocated workers or displaced homemakers; (3) the definition of "untaxed income and benefits" for the purpose of computing annual adjusted family income for Pell grant eligibility determinations; (4) the formula used in assessing institutional need for purposes of the allocation of funding for supplemental educational opportunity grants; (5) authorizations for FY 1987 through 1991 for the high school equivalency and the college assistance migrant programs; (6) special child care services for disadvantaged college students; (7) per student aggregate loan limits; (8) variable interest rates on supplemental and PLUS loans, and limitation, repayment, and refinancing criteria applicable to such loans; (9) PLUS loan deferments; (10) consolidation loans; (11) insurance program agreements to qualify loans for interest subsidies; (12) guaranty agreements for reimbursing loans; (13) the computation of the interest rate on loans under the income contingent direct loan demonstration project; (14) the financial needs assessment of students, including provisions governing the discretion of a student financial aid administrator to make necessary adjustments to allow for the treatment of individual students with special circumstances; and (15) the eligibility of preschool teachers for the Congressional Teacher Scholarship program. Amends the Higher Education Amendments of 1986 relating to: (1) effective dates; and (2) the conduct of certain required studies. Amends the General Education Provisions Act concerning the disposition of certain funds received by the Center for Education Statistics.
United States · United States Congress · 26 March 1987
Petroleum Marketing Practices Act Amendments of 1987 - Amends the Petroleum Marketing Practices Act to provide that, with respect to the sale, consignment, or distribution of motor fuel, the term "franchise" includes any contract between specified parties which is economically necessary to the operation of the leased marketing premises. Provides that the termination or non-renewal of a franchise relationship, upon expiration of an underlying lease for a marketing premises, is reasonable in the event that the franchisor: (1) has an option to renew or purchase an underlying lease or premises and, at least 90 days before such option expires, provides the franchisee with the name, address, and phone number of the owner or lessor; and (2) agrees not to terminate the franchise relationship solely because of the lease and option expiration during any term during which the franchisee is able to retain possession of the premises as a result of entering into an agreement with the owner or lessor.
United States · United States Congress · 24 March 1987
Amends the Animal Welfare Act to permit citizen suits to compel enforcement of such Act. Authorizes the court in such suits to award litigation expenses, including attorney fees, to: (1) a prevailing plaintiff; or (2) a prevailing defendant if such action is found to be frivolous, unreasonable, or without foundation.
United States · United States Congress · 19 March 1987
Federal Employees Health Benefits Reform Act of 1987 - Increases the amount of the Government's contribution for an employee enrolled in an employee health benefits plan from 60 to 75 percent of the average subscription charge for such plan. Increases the maximum Government contribution for an enrollee from 75 to 100 percent of such subscription charge. Requires payment of a Government differential equal to five percent of the average subscription charge, in addition to the Government's contribution, for any enrollee who is over 65 years of age and not entitled to Medicare benefits. Excludes such differential in determining the amount to be paid by the enrollee. Permits the following persons to elect to continue coverage under a Federal employees' health benefits plan for a specified period: (1) an employee who is involuntarily separated from the civil service due to a reduction in force; (2) an individual who elects to receive the lump-sum credit for civil service retirement benefits; and (3) an individual 22 years of age or older whose enrollment was based on such individual's being an unmarried child who was incapable of self-support because of a mental or physical disability which existed and did not terminate before the individual attained the age of 22. Requires such persons who elect to continue coverage to pay into the Employees Health Benefits Fund an amount equal to the sum of employee and agency contributions paid for the same level of benefits. Allows such a person to: (1) change to a lower level of benefits; (2) change coverage within 60 days after a change in family status; and (3) transfer enrollment to another plan under conditions prescribed by the Office of Personnel Management (OPM). Provides a temporary extension of coverage to allow persons who elected not to continue coverage or whose continued coverage is terminated to convert to a nongroup contract providing health benefits. Allows annuitants whose annuity is less than the amount required to be withheld for enrollment in a health benefits plan to pay the amount of any deficiency required for enrollment. Requires contracts for employee organization plans to require carriers to: (1) enter into an agreement approved by OPM with an underwriting subcontractor licensed to issue group health insurance in all States and the District of Columbia; and (2) meet minimum financial standards prescribed by OPM. Requires the service benefit plan and the indemnity benefit plan to provide, in addition to all currently authorized benefits: (1) nervous and mental disorder benefits; (2) alcoholism and substance abuse treatment and rehabilitation benefits; and (3) comprehensive dental benefits. Prohibits the OPM from entering into a contract for any service benefit, indemnity benefit, or employee organization plan which does not provide for 50 outpatient visits and 60 inpatient days of nervous and mental disorder benefits and two 28-day alcoholism treatment and rehabilitation benefits. Requires any limits on nervous and mental disorder benefits to be exceeded on a case by case basis only to the extent that a peer review mechanism determines such treatment to be necessary. Requires 80 percent of such excessive benefit claims to be paid from the balance of one percent of all contributions to the Employees Health Benefits Fund remaining after the expenses of administering provisions governing Federal employees health benefit plans are paid. Prohibits the OPM from entering into a contract with a carrier for any health benefits plan which does not provide 95 percent of the benefits that such plan or the most similar plan provided during the preceding year, unless the carrier and the OPM mutually agree to waive such requirement. Prohibits the OPM from entering into a contract for a health benefits plan which excludes anyone because of nonactive employee status.
United States · United States Congress · 18 March 1987
Employee Educational Assistance Act of 1987 - Amends the Internal Revenue Code to make permanent the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1987.) Requires, for every taxable year beginning after 1988, an annual cost of living adjustment of the maximum excludable amount. Waives the maximum excludable amount for any educational assistance furnished by certain educational institutions to graduate students engaged in teaching or research activities for such organization.
United States · United States Congress · 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 · 10 March 1987
Prohibits the United States from carrying out a test of the Space Defense System (antisatellite weapon) involving the miniature homing vehicle against an object in space until the President certifies to the Congress that the Soviet Union has conducted, after enactment of this Act, a test against an object in space of a dedicated antisatellite weapon. Provides that such prohibition expires on October 1, 1988. Declares that the President should seek with the Soviet Union a mutual and verifiable treaty which limits the testing, deployment, and use of any antisatellite weapon.
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 · 4 March 1987
Worker Adjustment Improvement Act of 1987 - Title I: Financing Through the Imposition of Small Uniform Duty on All Imports - Directs the President to undertake negotiations to change the General Agreement on Tariffs and Trade (GATT) to allow countries to impose a uniform duty on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs. Directs the President to report to the Congress six months after enactment of this Act on the progress of such negotiations. Directs the President to report to the Congress as soon as the GATT allows the imposition of such a duty. Amends the Trade Act of 1974 to impose an additional duty on all imports into the United States having a value of at least $1,000, including those imports granted duty-free treatment, with specified exceptions. Title II: Unemployment Compensation for Dislocated Workers - Unemployment Compensation for Dislocated Workers Act - Allows States to enter into agreements with the Secretary of Labor under which the State agency will make payments of Federal unemployment compensation for dislocated workers to individuals who are participating in a job training program for dislocated workers under title III of the Job Training Partnership Act. Requires such individuals to have exhausted all rights to unemployment compensation under State, Federal, or Canadian law. Limits such payments to a maximum period of ten weeks of unemployment which begin in the individual's period of eligibility. Prohibits such payments to any individual for any week of unemployment which begins more than two years after the end of the benefit year for which the individual exhausted rights to regular compensation. Requires that such Federal-State agreements provide that the State establish a Federal unemployment compensation for dislocated workers account for a benefit year for each individual who files an application for such compensation. Provides that the amount in such account shall be equal to ten times the individual's average weekly benefit amount. Provides that each State which has entered into such an agreement shall be paid an amount equal to 100 percent of the Federal unemployment compensation for dislocated workers paid to individuals by the State pursuant to such agreement. Provides that funds in the extended unemployment compensation account of the Unemployment Trust Fund shall be used for making such payments to States, through transfers of such funds to the State account in the Fund. Authorizes appropriations to the extended unemployment compensation account to carry out the purposes of this title. Authorizes appropriations to the general fund of the Treasury to assist States in meeting the costs of administration of agreements under this title. Sets forth provisions relating to fraud and overpayments under this title. Title III: Strengthening the Dislocated Workers Program - Amends the Job Training Partnership Act (the Act) to require each State to include any termination or layoff which involves 100 or more employees in any place of employment in the identification of dislocated workers under title III (Employment and Training Assistance for Dislocated Workers) of the Act. Directs the Secretary of Labor to establish in the Department of Labor a Federal Dislocated Workers Unit to: (1) receive State annual plans for providing title III services; (2) receive specified reports; (3) establish performance guidelines for State title III programs and report annually to the Congress on State performance; and (4) provide technical assistance to the States and to local service providers. Directs the Secretary to: (1) enter into an agreement with the National Commission for Employment Policy to conduct research and evaluation of methods for effective worker adjustment; and (2) report annually to the Congress on the findings resulting from such agreement. Requires States to submit to the Secretary their plans of title III activities for the succeeding fiscal year. Requires States to reserve specified title III funds to establish and operate a State dislocated workers unit to: (1) respond to large-scale layoffs and terminations, especially those resulting from the permanent closure of a plant or facility; (2) establish and operate an information gathering and notification system for notification by employers of such closures; (3) provide appropriate information and assistance to both employers and employees subject to such a closure; and (4) facilitate services to dislocated workers affected by such a closure. Requires such State units to coordinate their activities with the State job coordinating council and with the appropriate regional office of the Department of Labor. Requires States to reserve specified title III funds for basic skills education programs for dislocated workers. Authorizes State dislocated workers units to establish joint labor-management training programs. Sets forth application requirements for grants to labor-management committees. Sets forth authorized uses of such funds. Adds State reporting requirements under title III of the Act. Directs the Secretary to furnish technical assistance upon State request. Directs the Secretary, within six months after enactment of this Act, to commence a study of methods of implementing portability for pensions and health benefits for dislocated workers, including an evaluation of the provision of early retirement benefits without penalty for older dislocated workers. Requires a report on such study to be submitted to the Congress within 18 months after enactment of this Act.
United States · United States Congress · 3 March 1987
Equitable Automobile Transportation Act of 1987 - Directs a person shipping foreign vehicles from Japan or South Korea into the United States to transport an equal number of such vehicles on U.S. vehicle carriers that the person ships on foreign vessels. Requires shippers to file a bill of lading with the Secretary of Transportation for every shipment of foreign vehicles brought into the United States. Directs the Secretary to prescribe regulations to enforce this Act. Authorizes the Secretary to reduce such required equal percentage for a temporary period, under certain conditions. Provides penalties for the violation of this Act.
United States · United States Congress · 2 March 1987
Amends the Tariff Schedules of the United States to increase the duty on certain alloyed iron and steel pipes. Imposes a duty on non-alloyed iron and steel pipes. Increases the duty on non-alloyed steel pipes that meet certain oil well casing requirements. Increases the duty on certain finished steel conduits.
United States · United States Congress · 2 March 1987
Makes available from the contingency fund of the House of Representatives certain amounts for expenditures by the following House committees in the first session of the 100th Congress: Aging; Agriculture; Armed Services; Banking, Finance and Urban Affairs; Children, Youth, and Families; District of Columbia; Education and Labor; Energy and Commerce; Foreign Affairs; Government Operations; House Administration, including the House Information Systems; Intelligence; Interior and Insular Affairs; Judiciary; Merchant Marine and Fisheries; Narcotics Abuse and Control; Post Office and Civil Service; Public Works and Transportation; Rules; Science, Space and Technology; Small Business; Standards of Official Conduct; Veterans' Affairs; Ways and Means; and Hunger. Limits the use of such funds to investigations and studies, including procurement of consultant services and specialized training for professional staff. Directs the Committee on House Administration, through the House Information Systems, to develop, operate, and improve computer and information services for the House of Representatives. Authorizes the Committee on House Administration to adjust amounts for expenditure if necessary to comply with an order of the President under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) or to conform to any reduction in appropriations.
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 · 24 February 1987
Employee Polygraph Protection Act - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides penalties for violations of this Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 19 February 1987
Textile and Apparel Trade Act of 1987 - Limits the 1987 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1986 imports classified under such category. Limits the 1987 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1986 imports of nonrubber footwear classified under such category; and (2) in the case of low priced nonrubber footwear, the total 1986 imports of low priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1987. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation, to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether such country has violated trade concessions of benefit to the United States and such violation has not been adequately offset by U.S. action or by the action of such country. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this paragraph, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this paragraph, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on the operation of this Act.
![Official portrait of Rep. Gaydos, Joseph M. [D-PA-20]](https://www.congress.gov/img/member/g000105_200.jpg)