United States · United States Congress · 3 December 1987
Harmonized Tariff Schedule Implementation Act - Expresses congressional approval for the accession by the United States to the International Convention on the Harmonized Commodity Description and Coding System. Requires the President to submit a copy of each legal instrument embodying the Convention to the Congress on the date it becomes available. Provides that neither the entry into force with respect to the United States of the Convention nor the enactment of this Act may be construed as creating any private right of action. Amends the Trade Act of 1974 to prevent the authority to terminate trade agreements from applying to the Convention. Amends the Tariff Act of 1930 to rename Title I as the Harmonized Tariff Schedule of the United States and to require the President to proclaim the modifications to such tariff schedule needed to implement staged rate reductions authorized by the Congress in the Trade Act of 1974, the United States-Israel Free Trade Area Implementation Act of 1985, and the applicable provisions of statutes enacted, executive actions taken, and final decisions rendered after August 31, 1987, and before the effective date of such tariff schedule. Provides that the Harmonized Tariff Schedule, with certain exceptions, shall have the status of statutory provisions enacted by the Congress. Requires any proclamation, notice, or decision containing a reference to the tariff classification of any article to include a reference to the classification of that article under the Harmonized Tariff Schedule. Requires the United States International Trade Commission to recommend to the President modifications in such tariff schedule needed to: (1) conform to and promote the uniform application of the International Convention on the Harmonized Commodity Description and Coding System; (2) ensure that such tariff schedule is kept up-to-date; and (3) alleviate administrative burdens and make technical rectifications. Requires the Commission, in formulating recommendations regarding the Harmonized Tariff Schedule, to consider the views of Federal agencies and the public. Directs the Commission to submit such recommendations to the President. Provides that the Commission's recommendations for modifications to the Harmonized Tariff Schedule must: (1) be consistent with the Convention and sound nomenclature principles; and (2) ensure substantial rate neutrality. Requires that any change to a rate of duty be necessitated by nomenclature modifications based on such recommendations and prohibits modifications from altering existing conditions of competition for the affected U.S. industry. Authorizes the President to proclaim modifications based on the Commission's recommendations if he determines that they: (1) conform with U.S. obligations under the Convention; and (2) do not run counter to the national economic interest. Delays such modifications from taking effect until the expiration of a 60-day lay-over period beginning on the date the President submits a report to the House Ways and Means Committee and the Senate Finance Committee. Requires the Commission to compile the Harmonized Tariff Schedule and publish it in a format containing: (1) the current Harmonized Tariff Schedule; (2) a statistical enumeration of U.S. imports and exports; and (3) other matters needed to implement the purposes enumerated in the Preamble to the Convention. Requires the Secretary of Commerce to compile U.S. import and export trade statistics and make them conform to the Convention's nomenclature. Requires the United States Trade Representative, before formulating any U.S. position on the Convention, to consider information from the private sector and Federal agencies. Provides that the Department of the Treasury, the Department of Commerce, and the Commission, subject to the policy direction of the Trade Representative, shall, with respect to activities of the Customs Cooperation Council relating to the Convention: (1) be primarily responsible for formulating Government positions on technical and procedural issues; and (2) represent the United States. Requires the Department of Agriculture to provide technical advice to the Department of the Treasury and the Department of Commerce. Requires the Secretary of the Treasury, the Secretary of Commerce, and the Commission, in preparing technical proposals for the U.S. contribution to the Convention, to: (1) solicit the views of interested parties in the private sector and Federal agencies; (2) establish procedures for reviewing inquiries and complaints concerning articles produced in and exported from the United States; (3) establish procedures for ensuring the dispute settlement and other procedures of the Convention are utilzied to promote U.S. interests; and (4) establish procedures for submitting classification questions to the Harmonized System Committees of the Customs Cooperation Council. Requires the Commission to publish: (1) summary records of the Harmonized System Committee; and (2) the Explanatory Notes, Classification Opinions, and other instruments of the Customs Council relating to the Convention. Requires the Government to take whatever actions are necessary to conform with the tariff classification system of the Harmonized Tariff Schedule all proclamations, regulations, rulings, and other written actions that: (1) are in effect on the day before the effective date of the Harmonized Tariff Schedule; and (2) contain references to the tariff classifications of articles under the old Schedules. Provides that the validity or effect of the written actions of the Government shall not be affected by: (1) the failure to make such conforming changes; or (2) the repeal of the old Schedules. Provides that the review of the proposed conversion of the Generalized System of Preferences program to the Convention tariff nomenclature initiated by the U.S. Trade Representative shall satisfy the requirements of specified provisions of the Trade Act of 1974 regarding: (1) lists of articles to be considered for duty-free treatment; and (2) the designation or suspension of a beneficiary developing country. Makes the date for designating beneficiary developing counries in 1988 September 1 (currently, July 1). Authorizes the President to proclaim changes in the Harmonized Tariff Schedule to conform it to the old Schedules when he determines that the conversion of an import restriction on agricultural articles or the rate of duty on sugars, sirups, and molasses in specified headnotes from the old Schedules to the Harmonized Tariff Schedule results in: (1) an article that was previously subject to the restriction being excluded or covered by such headnote; or (2) an article not previously subject to the restriction being included or covered by such headnote. Prohibits such changes in the Harmonized Tariff Schedule from occurring after June 30, 1989. Provides that this Act may not be considered to divest the courts of jurisdiction over: (1) any protest against the decision of a customs officer covering articles entered before the effective date of the Harmonized Tariff Schedule; or (2) any petition by an American manufacturer, producer, or wholesaler requesting the appraised value, classification, or rate of duty on specified imported merchandise covering articles entered before the effective date of the Harmononized Tariff Schedule. Provides for the liquidation of articles which are the subject of unsuccessful protests or petitions. Prevents this Act from affecting the jurisdiction of the courts with respect to articles entered after the effective date of the Harmonized Tariff Schedule. Requires the Commission to initiate an investigation of final judicial decisions covered by such protest and petition that: (1) are published in the two-year period beginning on September 1, 1987; and (2) would have affected tariff treatment if they had been published during the conversion of the old Schedules into the format of the Convention. Requires the Commission to report the results of such investigation to the President, the House Ways and Means Committee, and the Senate Finance Committee by March 1, 1990. Directs the President to: (1) review all changes to the Harmonized Tariff Schedule recommended by the Commission; and (2) proclaim which changes are necessary to conform the Harmonized Tariff Schedule to the final judicial decisions. Provides that such changes shall be effective for: (1) entries made on or after the date of a proclamation issued by the President; and (2) entries made on or after the effective date of the Harmonized Tariff Schedule if the importer applies to the customs officer concerned for liquidation or reliquidation within 90 days of such proclamation. Amends the Trade Act of 1974 to add to the list of articles which may be considered for modification of duties, digital processing units for automatic data processing machines. Requires the Commission to prepare a report on the operation of this Act during the 12-month period commencing on the effective date of the Harmonized Tariff Schedule and to submit such report to the Congress and to the President.
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 · 18 November 1987
Dwight David Eisenhower Commemorative Coin Act of 1987 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of one dollar silver coins in commemoration of the 100th anniversary of the birth of Dwight David Eisenhower. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of the coins after December 31, 1990. Requires the Secretary to deposit in the Treasury all surcharges received from the sale of the coins, to be used to reduce the national debt.
United States · United States Congress · 27 October 1987
Amends the Internal Revenue Code to extend the ten percent energy investment tax credit for geothermal property from December 31, 1988, until July 31, 1991.
United States · United States Congress · 7 October 1987
Fire Safe Cigarette Act of 1987 - Directs the Secretary of Health and Human Services to issue by rule a fire safety standard for cigarettes. Prohibits stockpiling of cigarettes between the issuing and effective dates of the standard. Provides for judicial review of the standard. Prohibits manufacture or importing of a cigarette unless the cigarette is in compliance with a standard issued under provisions of this Act. Declares violation of the prohibition to be a violation of provisions of the Federal Food, Drug, and Cosmetic Act. States that this Act and the standard issued under it does not preempt any law of a State which prescribes a more stringent fire safety standard for cigarettes. Prohibits, in any civil action for damages, admitting as a defense compliance with the standard.
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 · 1 October 1987
Prohibits the importation of products from Iran. Requires the Commissioner of Customs to take actions to implement such import prohibition, including actions to prevent its circumvention through indirect shipment. Permits the President to delay imposition of such import prohibition for up to 180 days if it is in the national interest. Requires the President to submit to the Congress a report that explains the reason for any such delay and specifies how the national interest would be jeopardized if import prohibitions were implemented immediately. Permits the Congress to extend such delay by joint resolution. Permits the President to terminate such import prohibition if he determines and reports to the Congress that Iran: (1) has ceased belligerent activities against non-belligerent parties in the Persian Gulf; and (2) has given satisfactory assurances that it will not resume such activities. Permits the President to reinstate such prohibition if Iran violates such assurance.
United States · United States Congress · 30 September 1987
Aircraft Cabin Air Quality Protection Act of 1987 - Amends the Federal Aviation Act of 1958 to require air carriers to prohibit smoking on any aircraft during any flight involving the carriage of passengers in interstate or overseas air transportation. Directs the Administrator of the Federal Aviation Administration to promulgate regulations to implement this Act. Declares that it is unlawful to smoke during any flight involving the carriage of passengers in interstate or overseas air transportation.
United States · United States Congress · 25 September 1987
Taxpayer Safeguard and Protection Act of 1987 - Title I: Provisions Relating to Liens and Levies - Amends the Internal Revenue Code (IRC) to entitle a taxpayer, in the event of a wrongful levy on property, to the prompt return (within 14 days) of the property in question or, if the property has been sold, to the greater of the amount received from its sale or its fair market value immediately preceding the levy. Treats property wrongfully levied upon and subsequently lost or destroyed while in the possession of the United States as if it had been sold at its fair market value immediately before the levy. Permits a taxpayer to request the sale of seized property within 60 days. Directs the Secretary of the Treasury (Secretary) to comply with such a request unless it is adverse to the best interests of the United States. Requires the Secretary, in the case of a wrongful lien, to issue a certificate of release of the lien stating that the lien was erroneusly imposed. Directs the Secretary to provide toll-free telephone numbers for: (1) discussion of alleged Internal Revenue Service (IRS) administrative errors with respect to a taxpayer; and (2) 24-hour access to taxpayers experiencing emergencies associated with any lien or levy imposed under the internal revenue laws. Extends from ten to 20 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Increases for levy purposes the exempt amount permitted for certain personal effects, the property of a business, and wages. Exempts from levy: (1) welfare payments under title IV (aid to families with dependent children) of the Social Security Act; (2) supplemental security income under title XVI of the Social Security Act (aid for the aged, blind, and disabled); (3) State or local government public assistance programs whose eligibility requirements are based on income or need; and (4) unemployment training allowances under the Job Training Partnership Act. Revises levy exemptions related to service-connected disability payments to: (1) remove the exemption of certain veterans' life insurance benefits; and (2) add exemptions for wartime and peacetime death compensation, burial benefits, and dependency and indemnity compensation for service-connected deaths. States that levy exemption provisions shall not apply to withholding taxes. Title II: Statement Disclosing Rights and Obligations of Taxpayers - Requires the Secretary to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the IRS during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Title III: Civil Damages for Unauthorized Disclosure or Use of Return Information by Return Preparers - Amends the IRC to permit a civil cause of action for damages in district court for a taxpayer with respect to whom a tax preparer discloses or misuses tax return information. Permits such actions only when: (1) six months have elapsed since the taxpayer notified an appropriate Federal official of the improper disclosure; and (2) statutorily-authorized prosecution of the offender was not begun during that six-month period. Title IV: Tax Court Jurisdiction to Redetermine Interest on Deficiencies - Amends the IRC to authorize the Tax Court, upon the motion of a taxpayer who has paid the entire amount of a deficiency assessment plus the associated interest, to reopen the case solely to determine whether the taxpayer has made an overpayment of interest because of mathematical error in its computation. Provides for judicial review of any order redetermining interest due. Title V: Reports; Improvement of Taxpayer Assistance - Directs the Secretary, not later than July 1, 1988, to prepare and submit to specified congressional committees a report on: (1) the effectiveness of the Office of the Taxpayer Ombudsman and of the Problem Resolution Program; (2) the results of IRS quality improvement procedures; and (3) the adequacy of IRS training programs with respect to preparing individuals for effective and helpful interaction with taxpayers. Directs the Assistant Commissioner (Inspection) of the IRS and the Taxpayer Ombudsman, not later than July 1, 1988, jointly to prepare and submit to specified congressional committees a report on: (1) significant problems taxpayers experience in dealing with the IRS; and (2) the status of current projects designed to improve IRS communication with taxpayers. Expresses the sense of the Congress that: (1) the level of taxpayer service should be improved to assure taxpayer compliance with the Tax Reform Act of 1986; and (2) the IRS should conduct taxpayer interviews at a time and place convenient to both taxpayer and interviewer, continue to permit taxpayers to record IRS interview proceedings, improve its handling of taxpayer inquiries and correspondence, and take steps to ensure that taxpayers do not incur unnecessary legal, accounting, or other expenses as a result of IRS delays, errors, or requests for redundant information.
United States · United States Congress · 9 September 1987
Expresses the sense of the Congress that the U.S. Navy should expedite the implementation of an environmentally sound trash compacting or disposal procedure.
United States · United States Congress · 6 August 1987
Fair and Equitable Cargo Allocation Act of 1987 - Amends the Merchant Marine Act, 1936 to repeal a provision which requires the Secretary of Transportation to preserve, during calendar years 1986 through 1989, the percentage share, or the metric tonnage of bagged, processed, or fortified commodities, whichever is lower, experienced in 1984, of waterborne cargoes exported from Great Lakes ports under the Agricultural Trade Development and Assistance Act of 1954.
United States · United States Congress · 6 August 1987
Defense Contractor Profits Review Act - States as a policy of the Congress that firms contracting with the Federal Government to provide goods and services for the national defense should receive a reasonable profit, and that such goods and services should be procured in an economical and effective manner. States as a purpose of this Act to provide the Federal Government with the information needed to determine the reasonableness of defense contractor profits. Amends Federal defense procurement provisions to outline action to be taken by the head of a defense agency if it is determined that a defense contractor has made excessive profits. Requires such agency head to first give such defense contractor 45 days to respond before making a determination that such contractor made excessive profits. Requires any defense contractor covered under this Act, no later than 120 days after the end of such contractor's annual financial reporting period, to provide the Defense Contract Audit Agency (DCAA) with a profits information report. Requires such profits information report to include specified information and also to distinguish between such contractor's business with the Federal Government and such contractor's other business. Requires the DCAA to review each such report in order to determine if any contractor has made excessive profits. States that the head of an agency and the DCAA shall have access to all information of a defense contractor that is required in order to make such determinations. Requires the confidentiality of any such information received. Authorizes review of such information by the Comptroller General, as well as access to any such information. Directs the head of an agency to require that compliance with such information disclosure provisions is a condition of each contract entered into between such agency and a defense contractor. Requires the head of the agency, at least once every three years, to conduct a study of profits made by defense contractors under contracts made with such agency, including a comparison of the profits made by such contractor from defense agencies as compared to profits made by such contractor from other businesses. Directs the head of the agency, no later than December 31 annually, to report to the President, the Congress, and the Comptroller General concerning any such profit studies. Directs the head of the agency to prescribe regulations to carry out this Act. Defines terms as used under this Act, and requires such regulations to be prescribed no later than 120 days after the enactment of this Act.
United States · United States Congress · 6 August 1987
Designates October 1987 as AIDS Awareness Month. Authorizes and requests the President to issue a proclamation calling upon the medical and educational communities to create and distribute information and sponsor programs which will help the American people become more aware of the causes of AIDS (acquired immune deficiency syndrome) and the best methods of preventing the spread of the AIDS virus.
United States · United States Congress · 5 August 1987
Caribbean Basin Economic Recovery Expansion Act of 1987 - Amends the Caribbean Basin Economic Recovery Act to set forth the method for calculating duty-free treatment status for articles imported from East Caribbean beneficiary countries. Sets forth such countries. Provides that duty-free treatment provided under such Act shall not apply to: (1) certain textile and apparel articles; (2) certain footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; (3) tuna in airtight containers; (4) petroleum or petroleum products; or (5) certain watches and watch parts. Requires the President to establish categories of such articles not accorded duty-free treatment. Requires the President to provide duty-free treatment to articles under such categories if the International Trade Commission (ITC) determines that: (1) such articles are either not produced in the United States, or not produced in the United States in quantities sufficient to meet domestic demand; and (2) no directly competitive articles are produced in the United States. Permits a person to file a petition with the ITC requesting the granting or withdrawal of duty-free treatment with respect to such articles. Requires the President to withdraw the duty-free treatment provided to articles within a category if the ITC determines, after the filing of a petition, that such category is no longer eligible for such treatment. Limits the aggregate quantity of articles, in a category to which a duty-free quota applies and produced in all beneficiary countries, that may be entered duty-free during any calendar year after 1987 to an amount equal to five percent of the aggregate quantity of such articles imported during that year from all beneficiary countries. Requires the President to provide duty-free treatment to articles of a beneficiary country imported after such calendar year before the total quantity imported during that year equals or exceeds the duty-free quota for such articles for such country for that year. Requires each beneficiary country to submit a specified report to the President. Authorizes the President to suspend the provision of duty-free treatment if such beneficiary country fails to submit such report. Provides that no duty-free treatment extended to a beneficiary country shall remain in effect after September 30, 2007. Amends the Tariff Schedules of the United States to prohibit application of quantitative import restrictions to articles manufactured in a beneficiary country (as defined for purposes of the Generalized System of Preferences) in whole of U.S. materials. Grants duty-free treatment to such articles. Grants duty-free treatment to articles (not over $600 in value) acquired in a beneficiary country. Increases (from $800 to $1000) the personal exemption from customs duties of articles acquired in the U.S. insular possessions and from other countries. Amends the Tariff Act of 1930 to require the ITC when making determinations as to material injury with respect to antidumping and countervailing duty cases to cumulatively assess the volume and effect of imports from a country designated as a beneficiary country under the Caribbean Basin Economic Recovery Act with respect to imports of like products that are the product of one or more other countries designated as beneficiary countries. Amends the Tax Reform Act of 1986 to exempt from the prohibition against imports being considered eligible for exemption from duties certain ethyl alcohol imported during 1987 and 1988 if it was produced in a certain type of facility in: (1) an U.S. insular possession if such facility was in operation on January 1, 1986; or (2) a beneficiary country if such facility was in operation on January 1, 1987. Limits the aggregate quantity of imported sugar from a country designated a beneficiary country under the Caribbean Basin Economic Recovery Act for any year after December 31, 1987, to the allocation of such country for the period beginning on September 26, 1983, and ending September 30, 1984.
United States · United States Congress · 21 July 1987
Amends the Internal Revenue Code to permit a partnership, S corporation, or personal service corporation, unless it is part of a tiered structure, to elect to have a taxable year other than the required one, but generally only if the deferral period of the taxable year elected is three months or less. (Current law requires partnerships, S corporations, and personal service corporations, in most cases, to conform their taxable years to the calendar years used by their owners.) Subjects the principals of a partnership or S corporation electing to change taxable years to additional estimated tax requirements to offset any tax deferral resulting from such election. Imposes deduction limitations on a personal service corporation that changes taxable years. Provides that an election with respect to taxable year shall be made by the partnership, S corporation, or personal service corporation and shall be binding on all partners and shareholders. Sets forth the formula for determining the additional tax requirement when a taxpayer: (1) is a partner or shareholder in at least one such entity during any applicable election years of the entity that end within the taxpayer's taxable year; and (2) has an aggregate deferred tax exceeding $200 with respect to the entity. Describes payment procedures. Requires the inclusion of specified information on returns filed by partnerships and S corporations that elect to use a non-required taxable year. Limits the tax deduction permitted to a personal service corporation for amounts paid or incurred with respect to employee-owners when such a corporation: (1) elects to have a taxable year other than the required one; and (2) fails to meet certain minimum distribution requirements regarding non-dividend amounts paid to owners.
United States · United States Congress · 15 July 1987
Domestic Corporation Taxation Equality Act of 1987 - Amends the Internal Revenue Code to prohibit, with specified exceptions, the States from imposing tax on corporate taxpayers on a worldwide unitary basis unless a taxpayer unconditionally elects to be taxed on such a basis. Includes an express prohibition against the unitary method with respect to a domestic corporation whose average U.S. payroll, property, and sales represent less than 20 percent of its total payroll, property, and sales. Permits a State to tax dividends received by domestic corporations from their foreign affiliates only to the extent that the State excludes from the tax base of the U.S. corporation: (1) at least 85 percent of such dividends; or (2) the portion of such dividends that effectively bears no Federal income tax after application of the foreign tax credit.
United States · United States Congress · 17 June 1987
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree, by enactment of a joint resolution, on an estimate of total receipts for that fiscal year. Prohibits outlays for that year from exceeding such estimated receipts unless the Congress, by a three-fifths rollcall vote of each House, provides for a specific excess of outlays over receipts. Requires the Congress, whenever actual outlays exceed actual receipts for any fiscal year, to provide by law for the repayment of such excess in the ensuing fiscal year. Requires a three-fifths rollcall vote of each House to increase the public debt. Directs the President to submit to the Congress a proposed budget for each fiscal year in which total outlays do not exceed total receipts. Requires the approval by a majority of the total membership of each House by rollcall vote before any bill to increase revenue may become law. Waives this article for any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing, and total outlays shall include all outlays of the United States, except those for repayment of debt principal.
United States · United States Congress · 10 June 1987
National Economic Commission Act of 1987 - Establishes the National Economic Commission. Directs the Commission to conduct a comprehensive study of: (1) the elements of domestic fiscal, monetary, and trade policies and their effect on various economic indicators; (2) the elements of the fiscal, monetary, and trade policies of major U.S. trading partners and their effect on the U.S. balance of trade in goods and services and U.S. employment; and (3) the debt burden of developing countries and its effect on the U.S. balance of trade in goods and services and U.S. employment. Requires the Commission to submit to the President and the Congress, by November 30, 1988, a final report on the study. Terminates the Commission 60 days after the Commission submits its final report. Authorizes appropriations.
United States · United States Congress · 4 June 1987
High-Speed Intercity Rail Transportation Bond Financing Act of 1987 - Amends the Internal Revenue Code to add to the category of tax-exempt facility bonds any bonds that are part of an issue 95 percent or more of whose net proceeds are used to provide high-speed intercity rail facilities to be owned by a governmental unit and made available to the general public. Exempts such bonds from: (1) the volume cap generally applicable to private activity bonds; and (2) limitations on the use of bond proceeds for land acquisition.
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 June 1987
De Soto National Trail Study Act of 1987 - Amends the National Trails System Act to designate the De Soto Trail, extending through Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Mississippi, Arkansas, Texas, and Louisiana, for study for inclusion in such System.
United States · United States Congress · 28 May 1987
Expresses the sense of the House of Representatives that: (1) it should be the goal of the United States to enhance coordination of fiscal and monetary policies among the seven countries participating in the economic summit conference to be held in Venice, Italy; and (2) the President should seek to obtain an agreement of the countries participating in such summit providing that West Germany and Japan should implement policies generating a specified fiscal stimulus, the United States should reduce its fiscal deficit by a specified amount, and the United Kingdom, France, Canada, and Italy should undertake macroeconomic and other measures to assist in the orderly adjustment of global economic imbalances.
United States · United States Congress · 19 May 1987
Medicare Catastrophic Protection Act of 1987 - Title I: Provisions Relating to Part A of Medicare Program - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act 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. Sets the inpatient hospital deductible for 1987 at $520, requiring cost-of-living adjustments to such deductible for succeeding years. Establishes the monthly part A premium, required of individuals who wish to buy into the Hospital Insurance program, at the monthly actuarial value of part A services provided to beneficiaries age 65 and over. Imposes a coinsurance rate, equal to 20 percent of the average per diem cost of post-hospital extended care services, for the first seven days of an individual's receipt of such services in a calendar year. Provides coverage for 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.") Drops restrictions on the coverage of extended care services which are not post-hospital extended care services. 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 (Supplementary Medical Insurance) of the Medicare program within such year. Provides part A coverage for home health services only when an individual is not entitled to part B benefits. Amends the Internal Revenue Code to impose an annual supplemental Medicare premium on part A Medicare beneficiaries pursuant to a table which bases the amount of such premium due on the size of a beneficiary's gross income. Requires the Secretary of Health and Human Services to make returns setting forth certain information regarding part A Medicare beneficiaries. Title II: Provisions Relating to Part B of the Medicare Program - Amends part B (Supplementary Medical Insurance) of the Medicare program to cover all of the out-of-pocket part B expenses a beneficiary incurs in excess of $1,043 in 1989, adjusting such ceiling annually thereafter to reflect cost-of-living increases. Provides for the adjustment of Medicare payments to organizations providing health care on a prepaid basis so as to reimburse them for such excess out-of-pocket costs incurred on behalf of enrollees. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for an initial period of up to 35 consecutive days and for a subsequent period on a physician's certification of exceptional circumstances. Increases the maximum Medicare payment allowed for outpatient mental health services. Directs the Secretary to: (1) mail a notice annually to Medicare beneficiaries of the extent to which Medicare coverage is provided for health care services and Medicare and Medicaid (title XIX of the Act) coverage is provided for long-term care services; and (2) send participating physician directories to part B enrollees. Amends title XVI (Supplemental Security Income) of the Act to provide Medicaid coverage to part A Medicare beneficiaries whose income does not exceed the Federal poverty level applicable to a family of one or two individuals which includes an individual age 65 or older. Amends the Medicare program to make permanent the provisions authorizing a State to arrange for Medicare coverage of individuals covered by certain other titles of the Act. Provides for the adjustment of Medicare part B premiums to take into account the costs of additional benefits provided by this Act's catastrophic coverage. Directs the Secretary to report to the Congress within 150 days of this Act's enactment on recommended changes in the certification requirements for Medicare supplemental policies. Requires a Medicare supplemental policy to: (1) mail notice to beneficiaries before 1989 of improved Medicare benefits contained in legislation of the 100th Congress and the effect such legislation will have on such policy; and (2) submit a copy of each of its advertisements to the State Commissioner of Insurance for his or her review. Extends, through September 30, 1992, certain projects demonstrating the concept of a social health maintenance organization. Directs the Comptroller General to report to the Congress within six months of this Act's enactment on the need for, and cost of, including within the Medicare program: (1) annual preventive care visits; (2) routine eye care; (3) dental services; (4) hearing aids for those with a significant hearing loss and biannual hearing testing; (5) comprehensive long-term care services; and (6) prescription drugs and biologicals. Requires the Secretary to provide for research on issues relating to the delivery and financing of Medicare long-term care services. Authorizes appropriations for FY 1988 through 1992 for such research.
United States · United States Congress · 14 May 1987
Designates the westernmost point of Guam as Point Udall in honor of Morris Udall, a Member of the House of Representatives. Directs the Secretary of the Interior to place and maintain a plaque on Federal land near such point to honor the service and accomplishments of Morris Udall. Authorizes appropriations.
United States · United States Congress · 12 May 1987
Amends the Solid Waste Disposal Act to prohibit the disposal of solid waste in excess of 100 pounds in any State other than the State in which the waste was generated.
United States · United States Congress · 5 May 1987
Amends the McCarran-Ferguson Act to provide that such Act (including the Federal antitrust exemption) shall apply only to the business of life, health, and hospital insurance. (Currently, such Act applies to the business of insurance.)
United States · United States Congress · 30 April 1987
General Aviation Standards Act of 1987 - Amends the Federal Aviation Act of 1958 (relating to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a general aviation manufacturer, owner, or operator of a general aviation aircraft, or a person who supports or maintains such aircraft. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees.
United States · United States Congress · 8 April 1987
Title I: Fort Caroline National Memorial - Provides that the Fort Caroline National Memorial shall serve as the principal interpretive center and administrative facility for the ecological, historic, and prehistoric resources of the historic settlement of Fort Caroline, Saint Johns Bluffs, Florida. Requires the Secretary of the Interior to construct and maintain museum facilities. Title II: Preservation of St. Johns River Valley Ecological Area and Protection of Significant Historic Assets - Establishes the Timucuan (Timucuan Indians) Ecological and Historic Preserve in St. Johns River Valley, Florida, including the Theodore Roosevelt Preserve. Authorizes the Secretary to acquire lands within the Preserve by donation, purchase, or exchange. Requires that the Preserve be managed to preserve its natural ecology. Authorizes the Secretary to acquire, by donation or purchase with donated funds, historic sites or properties in Duval County, Florida. Provides for the integrated administration and interpretation of the Preserve with the Memorial.
United States · United States Congress · 24 March 1987
Amends Federal law concerning vessels and seamen to direct the Secretary of the department in which the Coast Guard is operating to establish and collect user fees for the provision of Coast Guard services. Directs the Secretary to promulgate regulations by October 1, 1988, for the enforcement of such fee collection. Outlines the services for which the Secretary is authorized to collect such fees, including vessel inspection, vessel documentation, and licensing of personnel. Places a per-fiscal year ceiling on the amount of fees that can be collected. Establishes for each recreational vessel a fee of $20 per year to be collected by the Secretary. Defines "recreational vessel." Outlines administrative provisions concerning the establishment and collection of all fees authorized under this Act, together with penalties for those required to pay such fees who fail to do so. Provides for the deposit of fees collected under this Act to the operating expenses account of the Coast Guard. Authorizes expenditure of the recreational vessel fee funds only for navigational aids and search and rescue operations.
United States · United States Congress · 19 March 1987
Family Welfare Reform Act of 1987 - Declares that, hereafter, the Aid to Families with Dependent Children program (part A of title IV of the Social Security Act) shall be known as the Family Support Program and the aid paid to needy families with dependent children shall be called family support supplements. Title I: National Education, Training, and Work (Network) Program - Amends the Aid to Families with Dependent Children (AFDC) program to require States to establish an education, training, and work program (program) which helps needy children and parents avoid long-term welfare dependence. Requires private sector involvement in planning and Program design to assure that participants are trained for jobs that will actually be available in the community. Requires adult recipients of family support supplements to participate in the Program if it is available in the political subdivision where he or she resides and State resources otherwise permit. Directs the State to fully inform such recipients of the opportunities offered under the Program. Lists recipients who are exempt from mandatory participation in the Program, including individuals who: (1) are ill, incapacitated, pregnant, or age 60 or older; (2) are needed at home due to the illness or incapacity of another family member; (3) work 20 or more hours a week; or (4) care for a child under age six, but such exception shall apply to only one parent in two-parent families. Authorizes States to require the participation of an otherwise exempt parent or relative of a child under age six if day or infant care is guaranteed by the State and participation is on a part-time basis. Directs States to actively encourage exempt supplement recipients to participate in the Program. Provides that if the adult family caretaker is attending a school or a course in vocational or technical training designed to lead to employment when he or she would otherwise commence participation in the Program, such attendance may constitute satisfactory participation in the Program, though the costs of such school or training shall not be covered by the Family Support Program. Directs States to give priority in Program participation to families: (1) with teenage parents and parents who were under age 18 when their first child was born; (2) that have been receiving family support supplements continuously for two or more years; and (3) with children under age six. Requires States to make an initial assessment of the educational needs, skills, and employability of each Program participant and on that basis develop an employability plan for the participant's family which, to the maximum extent possible, reflects the participant's preferences. Requires each participant to then negotiate a contract with the State which specifies the duration of his or her participation as well as the activities the State will conduct and services it will provide in the course of such participation. Directs the State to assign a case manager to each participating family who is responsible for obtaining, on the family's behalf, any other services which may assure the family's effective participation. Requires State Programs to provide a broad range of services and activities, including: (1) high school or equivalent education; (2) remedial education; (3) job search, training and placement services; and (4) counseling, information, and referral for participants experiencing personal and family problems which may be affecting their ability to work. Requires that children in participating families be encouraged to engage in the education or training activities available under the Program and be provided with additional services and incentives designed to keep them in school and help them obtain marketable job skills. Requires each work assignment to be consistent with the physical capacity, skills, experience, health, family responsibilities, and place of residence of each participant. Prohibits work assignments which displace a currently employed worker or position, impair existing contracts for services or collective bargaining agreements, or fill the job of a worker who has been laid off or fired. Establishes a complaint procedure for employees who allege that such prohibitions have been violated. Prohibits States from requiring participants to work at less than the minimum wage or accept a job which would result in a loss of income to the participant or his or her family. Requires that Program activities be coordinated with Job Training Partnership Act programs and any other relevant employment, training, and education programs available in the State. Authorizes any State to institute a work supplementation program under which such State reserves that sums which would otherwise be payable to program participants as family support supplements and uses such sums instead to subsidize jobs for such participants. Authorizes any State to establish a community work experience program to provide experience and training for individuals not otherwise able to obtain employment. Limits such programs to projects which serve a useful public purpose utilizing, if possible, the participant's prior training, experience, and skills. Limits community work program participants to work or training (or both) for up to 12 months or unpaid work experience or training for up to three months. Requires that: (1) a reassessment be made and a new employability plan developed for participants who do not obtain employment after participation in a community work program; and (2) other Program activities be coordinated with the community work program so that job placement has priority over participation in such program. Prohibits an individual from participating in job search without participating in one or more other Program services or activities if job search has continued for eight weeks or longer without the individual obtaining a job. Provides that when a mandatory Program participant fails without good cause to comply with any requirement imposed on his or her participation in such Program: (1) such participant's needs shall not be taken into account in determining the family support supplement; or (2) supplements shall be denied to all family members until the participant complys. Continues sanctions for a minimum of three months if the participant failed to comply on a previous occasion. Directs States, after three months of a participant's noncompliance, to remind the participant in writing of his or her option to end the sanction. Requires the Secretary of Health and Human Services to: (1) publish final regulations and performance standards for such Programs within one year of this Act's enactment; (2) develop a legislative proposal for modifying the Federal AFDC matching rate so that it reflects the relative effectiveness of the various States in carrying out the Programs; and (3) provide for the continuing evaluation of State Programs and the conduct of research on making such Programs more effective. Directs the Secretary to establish uniform reporting requirements requiring each State to periodically furnish Program information to the Secretary, including the average monthly number and types of families assisted under each Program service and activity, the amounts expended on such families, and the length of time for which such families are assisted. Sets the federal matching rate at 75 percent of the expenditures for the operation and administration of the State Program if at least three-fifths of the non-Federal share is contributed in cash and at 50 percent if less than such amount is in cash. Broadens the definition of a "dependent child" to authorize States to provide benefits for individuals under age 21 who are regularly attending a course of higher, secondary, or primary education or vocational or technical training. Authorizes the Secretary to prescribe a standard for determining whether an individual is employed at the time of his or her application for family support supplements which is based upon whether or not the applicant has performed a specific number of hours of work within a designated period. Amends title XI (General Provisions) of the Act to authorize States to conduct demonstration projects testing financial incentives and interdisciplinary approaches to reducing school dropouts, encouraging skill development, and avoiding the welfare dependence of children receiving family support supplements. Authorizes the Secretary to make grants to States to assist in financing such projects. Title II: Day Care, Transportation, and Other Work-Related Expenses - Requires States to either: (1) provide day care for dependent children and incapacitated individuals living in the same home as a dependent child; or (2) reimburse the caretaker relative for the cost of such care, if and to the extent that such care is directly related to an individual's participation in the Program, reasonably necessary for such participation, and cost-effective. Provides coverage for certain transportation and other work-related costs. Continues day care coverage for one year after a family's eligibility for support supplements ceases, but permits States to reduce such coverage on the basis of a family's ability to pay. Directs States to regularly assess the availability and reliability of child care services available to Program participants, and, when necessary, develop new child care resources. Title III: Real Work Incentives - Excludes, in determining a family's eligibility for supplement payments: (1) the earned income of students who are not full-time employees; (2) $100 plus 25 percent of any family member's monthly earned income; (3) $100 of monthly family support payments; and (4) earned income credits payable to the family under the Internal Revenue Code. Prohibits application of the $100 and 25 percent earned income exclusion in the case of individuals who, without good cause: (1) terminate their employment or reduce their income; (2) refuse a bona fide offer of employment; or (3) fail to make a timely report of their monthly earned income. Authorizes States to increase the amount of an individual's earned income excluded under this Act in making family support supplement eligibility determinations. Amends the Internal Revenue Code to exclude any benefit provided under any Federal, State, or local governmental assistance program for the support of the individual or for maintenance of the household in determining whether a taxpayer is providing such support or maintenance. Title IV: Transitional Services for Families - Requires a State to continue a family's Medicaid (title XIX of the Act) eligibility for one year (a State may provide a two-year continuance of such eligibility) after the family's eligibility for family support supplements ends, unless such eligibility was terminated due to fraud or the imposition of a sanction. Terminates extended Medicaid coverage if the family ceases to include a dependent child or a family member engages in certain conduct which would warrant sanctions under the Family Support Program. Title V: Child Support Enforcement Amendments - Amends part D (Child Support and Establishment of Paternity) of title IV of the Act to direct States to: (1) establish binding guidelines for child support award determinations (currently, such guidelines need not be binding); and (2) periodically review and update all child support orders to ensure that they continue to comply with child support award guidelines. Requires States to abide by State procedural due process requirements when updating child support awards and notify absent parents of their right to contest the award. Requires that, to the extent possible, the paternity of a child be established at birth. Excludes the cost of paternity determinations as well as the cost of certain interstate child support enforcement projects from the computation of the incentive payment to a State for collecting child support payments. Amends title XI (General Provisions) of the Act to authorize States to conduct demonstration projects identifying and testing possible solutions to problems arising in connection with visitation by absent parents. Authorizes the Secretary to make grants to States to assist in financing such projects. Requires the Department of Health and Human Services to establish time limits within which a State must respond to requests for assistance in locating absent parents or establishing paternity, and begin proceedings to establish child support awards. Makes it mandatory that States establish an automatic data processing and information retrieval system for the child support enforcement and establishment of paternity determination process. Title VI: Pro-Family Welfare Policies - Requires States to pay family support supplements with respect to dependent children of unemployed parents in two-parent families. Includes within the definition "quarter of work", for the purpose of determining a family's eligibility for assistance, the parent's: (1) full-time attendance as an elementary or secondary school student; (2) full-time attendance in a vocational or technical training course; and (3) participation in a Job Training Partnership Act education or training program. Directs States to assign an individual case manager to each family receiving family support supplements which is headed by a minor parent. Requires unmarried minor parents to live with a parent, legal guardian, other adult relative, or in a foster home, maternity home, or other supportive living arrangement, unless the State determines that, given specified circumstances, it is impossible or inappropriate for them to do so. Treats the minor parent and minor parent's children as a family separate from the parent and parent's children with whom the minor parent resides in determining the minor parent's eligibility for supplement payments. Authorizes States to condition a minor parent's eligibility on his or her: (1) part-time school attendance; or (2) training in parenting and family living skills. Sets the Federal share of the cost of providing case management services for minor parents at 75 percent. Title VII: Benefit Improvements - Directs each State to re-evaluate annually its need and payment standard under the Family Support Program, giving particular attention to whether the amount it has assumed to be necessary for shelter is adequate. Sets forth reporting requirements. Increases the Federal share of a State's Family Support program costs if such State increases the level of family support supplement payments after FY 1987. Sets a mandatory State Family Support program benefit level to be implemented five years after this Act's enactment. Title VIII: Miscellaneous Provisions - Directs the Secretary of Health and Human Services and the Secretary of Agriculture to appoint an advisory group to make recommendations to the President and the Congress within one year of this Act's enactment regarding the coordination of the food stamp program under the Food Stamp Act of 1977 and the Family Support Program. Directs the Secretary to establish uniform reporting requirements requiring each State to periodically furnish the Secretary with information regarding the implementation of the Family Support Program.
United States · United States Congress · 19 March 1987
Amends the Internal Revenue Code to require the Internal Revenue Service to reimburse State and local law enforcement agencies that provide information which substantially contributes to the recovery of Federal taxes. Limits the amount of such reimbursement to ten percent of the sum ultimately recovered.
United States · United States Congress · 12 March 1987
Defense Savings Act - Establishes the Bipartisan Commission on the Consolidation of Military Bases (the Commission) to: (1) review the military importance of all major military installations; and (2) identify which such installations can be closed or realigned without impairing the security of the United States. Outlines administrative procedures concerning membership, staff, meetings, and powers of the Commission. Directs the Commission, within 180 days after the enactment of this Act, to submit to the President, the Secretary of Defense, and each House of the Congress a final report on the findings and conclusions of the Commission. Terminates the Commission 30 days after the submission of such report. Authorizes the Secretary of Defense to take certain specified action with respect to the implementation of the Commission's recommendations.
United States · United States Congress · 12 March 1987
Competition Savings Act of 1987 - Amends the Office of Federal Procurement Policy Act to require the Federal Government to contract with the private sector for the performance of a commercial activity when the cost is lower than the cost of the performance of such activity by the Government. Requires the Director of the Office of Management and Budget to prescribe regulations for such cost comparisons. Requires the Director to publish a commercial activity inventory each fiscal year in the Federal Register. Provides that such inventory shall consist of a list of all commercial activities carried out by full-time Government employees, and the cost of such activities. Requires each executive agency to complete cost comparisons or award contracts for commercial activities which constitute 20 percent of the number of activities listed in the agency's inventory for each fiscal year, beginning with FY 1989. Specifies commercial activities which are exempt from cost comparisons and those eligible for expedited procedures. Sets forth performance deadlines after completion of cost comparisons. Requires the inclusion of cost comparison results in budget requests. Provides for judicial review of decisions resulting from cost comparisons. Makes greater reliance on private sector sources a part of Federal procurement policy.
United States · United States Congress · 12 March 1987
Declares that the House of Representatives: (1) recognizes the significance of the 30th anniversary of the signing of the Treaty of Rome; (2) commends the European Community for the positive role which the Community has played in the growth, development, and prosperity of postwar Europe; and (3) acknowledges the vital role of the Community in the development of U.S.-European relations.
United States · United States Congress · 10 March 1987
Coal Pipeline Act of 1987 - Amends the Mineral Lands Leasing Act of 1920 to authorize a person who has secured specified water rights under applicable State law to apply to the Secretary of the Interior for certification that it is in the national interest to construct, operate, or extend a coal pipeline. Prescribes guidelines under which the Secretary will make such a certification, including the decision to grant rights-of-way across Federal lands upon such pipeline's request. Conditions such certification upon an applicant's reservation of a specified portion of total pipeline capacity for small, independent producers located in the geographic region served by such pipeline. Makes all Federal and State environmental laws applicable to the issuance or denial of such certification. Outlines the procedures for granting rights-of-way across Federal lands. Proscribes the granting of any right-of-way through lands: (1) designated as wilderness areas; (2) administered as part of the national park system; or (3) which are part of a historic site (unless there is no reasonable alternative and reasonable planning is made to minimize the harm of such site). Prohibits any person or entity (including the United States) from claiming any right or interest in water within any State for a coal pipeline unless such claim takes place under the law of the affected State. Delegates to the States all power regarding water rights for a coal pipeline in spite of any otherwise impermissible burden which may thereby be imposed upon interstate commerce. States that this Act does not: (1) impair the validity of any State law (or interstate compact) regarding any claim to water rights; (2) alter the rights of any State to its apportioned share of water under past or future allocation or interstate compact; (3) affect any Indian water rights; or (4) preempt or otherwise affect any State or Federal law or interstate compact regarding water quality or disposal. Prohibits any State acting under authority of this Act from restricting the movement through such State of water acquired in another State and within a coal pipeline. Authorizes certain persons who have received a certification from the Secretary that it is in the national interest to operate or extend a coal pipeline to acquire rights-of-way through private lands by the power of eminent domain. States this Act shall not be construed to permit any person (including the United States) to acquire any water rights through the power of eminent domain. Prohibits the acquisition of any right-of-way through the power of eminent domain if such right-of-way is upon land which is part of a historic site of national, State, or local significance, unless there is no prudent alternative and reasonable planning is made to minimize harm to such site. Provides for an antitrust review of applications for certification by the Attorney General. Sets forth certification guidelines under which the Secretary shall determine whether construction, operation, or extension of a coal pipeline is in the national interest. Requires each pipeline carrier for which a certification has been issued to provide service on reasonable request. Prohibits such carriers from unreasonably discriminating or refusing to enter into contracts with coal shippers under similar conditions in a contemporaneous period. Requires the Secretary to publish notice of coal pipeline certifications in the Federal Register. States that this Act shall not be construed to modify or preempt the ratemaking authority of any State utility regulatory agency. Requires the Secretary to establish uniform Federal standards for coal pipeline safety. Establishes penalties for failure to comply with such safety standards.
United States · United States Congress · 5 March 1987
Medicare and Medicaid Patient and Program Protection Act of 1987 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) of the Social Security Act and to require the prohibition from participation in any State health care program of any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to States for Social Services) of such Act; or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation and to require the prohibition from participation in any State health care program of any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interfering with the investigation of health care fraud or patient abuse; (3) convicted of a felony for manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care-related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; (9) failing to supply certain information; and (10) defaulting on health education loans or scholarship obligations made or secured by the Secretary. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period of exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished: (1) will be provided economically and only when, and to the extent, medically necessary; (2) will be quality services which meet professionally recognized standards of health care; and (3) will be supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State, in order to receive Federal payments with respect to a health maintenance organization (HMO), to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State from making payments under title V with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from participation pursuant to the patient and program protection provisions of title XI. Prohibits Federal payments with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from Medicare because of the patient and program protection provisions of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by or at the direction of a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change and any policy or guideline delineated in the State Medicaid operation or program manuals submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Requires the Secretary to restore, for the duration of the moratorium, the policy in effect at the beginning of the moratorium regarding the period when homeownership by an institutionalized individual is permitted and the time permitted for the sale of a home. Amends the Medicare program to provide payment to beneficiaries for services rendered by an individual or entity which has been excluded from Medicare participation if such beneficiary did not know or have reason to know of the exclusion. Revises the definition under title XI of a "person with an ownership or control interest" in a provider of services under title V, XVIII, or XIX to limit reporting on ownership interests to those interests at or exceeding five percent of the entity's assets. Authorizes the Secretary to impose an intermediate sanction on a renal disease facility whose noncompliance with regulations the Secretary prescribes does not immediately jeopardize patient health and safety by denying it Medicare payments for services it provides after receiving notice of the sanction and before correcting its deficiencies. Provides that individuals who knowingly and willfully (currently, the intent must be knowing or willful) make a false statement or misrepresent a material fact in the sale of Medicare supplemental health insurance shall be guilty of a felony. Directs the Secretary to promulgate final regulations within two years of enactment of this Act specifying payment practices which shall not be considered as violations of the Social Security Act's anti-kickback provisions. Sets forth effective date provisions.
United States · United States Congress · 5 March 1987
Compassionate Pain Relief Act - Directs the Secretary of Health and Human Services to establish a program under which heroin shall be made available to individuals for the relief of pain from terminal cancer. Directs the Secretary, acting through the Commissioner of the Food and Drug Administration, to provide for the manufacture of heroin for such program. Directs the Attorney General to promulgate regulations making heroin available for use in such program. Directs the Secretary to assure the purity of such drug. Permits physicians, hospital pharmacies, and hospice pharmacies registered under the Controlled Substances Act to prescribe heroin to terminally ill cancer patients. Requires the registration, by the Attorney General, of: (1) manufacturers of heroin to be used in the program; (2) hospice and hospital pharmacies which dispense such drug; and (3) physicians who prescribe it. Provides penalties for those who knowingly violate regulations prescribed by the Secretary. Requires the Secretary to report to specified congressional committees regarding: (1) activities under the program; and (2) research and training in pain management funded by the National Institutes of Health. Provides for the program's termination.
United States · United States Congress · 3 March 1987
Amends the Tax Reform Act of 1986 to provide that the rules relating to the allocation of interest to foreign source income by members of an affiliated group shall not apply to interest on certain indebtedness of a specified Delaware corporation.
United States · United States Congress · 26 February 1987
Medicare Part A Catastrophic Protection Act of 1987 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act 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. Sets the inpatient hospital deductible for 1987 at $520, requiring cost-of-living adjustments to such deductible for succeeding years. Establishes the monthly part A premium, required of individuals who wish to buy into the Hospital Insurance program, at the monthly actuarial value of part A services provided to beneficiaries age 65 and over. Imposes a coinsurance rate, equal to 20 percent of the average per diem cost of post-hospital extended care services, for the first seven days of an individual's receipt of such services in a calendar year. Provides coverage for 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.") 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 (Supplementary Medical Insurance) of the Medicare program within such year. Amends the Internal Revenue Code to require the inclusion within an individual's gross income of: (1) 50 percent of the actuarial value of part A services received, unless the individual became eligible for such services by paying a part A premium; and (2) the actuarial value of part B benefits received. Provides for the transfer of additional revenues resulting from the taxation of the value of Medicare services to the Federal Hospital Insurance Trust Fund. Sets forth reporting requirements.
United States · United States Congress · 26 February 1987
Medicare Part B Catastrophic Protection Act of 1987 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to cover all of the out-of-pocket part B expenses a beneficiary incurs in excess of $1,000 in 1988, adjusting such ceiling annually thereafter to reflect cost-of-living increases. Provides for the adjustment of Medicare payments to organizations providing health care on a prepaid basis so as to reimburse them for such excess out-of-pocket costs incurred on behalf of enrollees.
United States · United States Congress · 25 February 1987
Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Jesse Owens in recognition of the late Jesse Owens' athletic achievements and humanitarian contributions to public service, civil rights, and international goodwill. Authorizes appropriations. Authorizes the Secretary of the Treasury to sell bronze duplicates of the medal.
United States · United States Congress · 25 February 1987
Designates June 14, 1987, as Baltic Freedom Day. Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics.
United States · United States Congress · 18 February 1987
Amends the Internal Revenue Code to require deductions for research and experimental expenditures to be allocated to income from sources within the United States. Repeals a provision of the Tax Reform Act of 1986 which establishes a one-year requirement that 50 percent of such expenditures be allocated to U.S. income and the remainder on the basis of gross sales or gross income.
United States · United States Congress · 11 February 1987
Arctic Coastal Plain Leasing Act of 1987 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for the promulgation of such regulations, and that no further studies or assessments shall be required prior to Federal action. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain.
United States · United States Congress · 10 February 1987
Amends the Federal Aviation act of 1958 to prohibit smoking on passenger-carrying aircraft in interstate or intrastate transportation. Directs the Secretary of Transportation to promulgate regulations to implement this Act.
![Official portrait of Rep. Gibbons, Sam [D-FL-11]](https://www.congress.gov/img/member/g000153_200.jpg)