United States · United States Congress · 8 April 1987
Declares that the House of Representatives: (1) calls for the immediate release of all the children detained under state of emergency regulations in South Africa; and (2) pending the release of the children, calls on South Africa to permit parental access to the children, make public their names and their location, provide them with adequate food, clothing, and protection, and permit an international organization to verify the above and make sure that such children are not abused or tortured.
United States · United States Congress · 7 April 1987
Federal Cave Resources Protection Act of 1987 - Directs the Secretary of Agriculture or the Secretary of the Interior, as appropriate, to take such actions as are necessary to protect cave resources on Federal lands, including: (1) restricting the use of such resources; (2) entering into volunteer management agreements with the caving community; and (3) appointing advisory committees. Restricts the release of information concerning cave location to protect the resource, requiring the Governor of a State in which a cave resource is located or a bona fide research institution to request location information in writing along with a commitment to protect the confidentiality of such information. Establishes a permit program for the collection or removal of natural resources from caves on Federal lands. Requires a permittee to post a bond or cash deposit to offset potential damage. Revokes permits for violations of this Act or permit conditions. Excludes Federal cave resources within the National Park or Wildlife Refuge Systems from this program. Imposes criminal penalties for the alteration of a cave or interference with cave resources, including the sale or exchange of cave resources removed without permission. Establishes civil penalties for violations of this Act or permit conditions. Authorizes appropriations. Places permit fees and fines in a special fund in the Treasury for cave resource management.
United States · United States Congress · 7 April 1987
Pension Portability Act of 1987 - Title I: Rules Generally Applicable to Simplified Employee Pensions - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to define a "simplified employee pension plan" as a pension plan consisting of one or more individual retirement accounts or annuities that meet certain requirements of the Internal Revenue Code. Directs the Secretary of Labor to prescribe an alternative method of compliance with requirements for simplified employee pension plans. Establishes participation and vesting requirements for such plans. Requires each simplified employee pension plan and portable pension plan to provide that: (1) the distribution of the accrued benefit with respect to each participant will be only in a permitted retirement income form; (2) no distribution may be made without the consent of the participant or beneficiary; and (3) the benefit will be distributed in accordance with a timely application in accordance with the terms of the plan. Describes a standard retirement income form for simplified employee pension plans as: (1) a qualified joint and survivor annuity; (2) any other joint life annuity, including a cash refund annuity; (3) a single life annuity, including a refund annuity; or (4) any series of substantially equal periodic payments described under the Internal Revenue Code. Allows participants to elect a form of distribution other than distribution over life expectancy, if such spousal consent requirements are met. Requires the administrator of a simplified employee pension plan, prior to making a distribution, to provide to the individual who is to receive the distribution a written explanation of: (1) the provisions under which the distribution may be subject to tax or penalty under the Internal Revenue Code; and (2) the terms and conditions of the applicable permitted retirement income form, the participant's rights with respect to electing other forms of distribution, and spousal rights. Declares that for simplified employee pension plans a beneficiary means a spouse of the participant or any other person designated by the participant or by the terms of the plan. Specifies conditions under which spousal consent requirements are to be met. Amends the Internal Revenue Code to make conforming amendments. Exempts simplified employee pension plans from specified funding provisions of ERISA. Authorizes employees to elect alternative salary reduction arrangements under such plans where the employer may make elective contributions to the pension on behalf of the employee or directly to the employee in cash for any year. Specifies the maximum salary reduction amount. Establishes rules governing employer contributions, including participation requirements, the method of determining employer contributions and compensation amounts, and tax reporting requirements. Allows employees to establish simplified employee pension plans with respect to separate lines of business. Title II: Portable Pensions - Amends the Internal Revenue Code and ERISA to define a portable pension plan as an arrangement of one or more individual retirement accounts or annuities which: (1) meets the requirements of a simplified employee pension; and (2) provides for the transfer of plan investment accumulations to other tax-qualified plans. Makes provisions relating to favorable tax treatment inapplicable to cash distributions from rollovers from portable pension plans. Preserves the five-year income averaging treatment for lump sum distributions from portable pension plans which are separately accounted for under such plans. Provides that amounts exceeding the maximum rollover allowable shall not be taxable if such amounts are transferred to a portable pension plan in a direct trustee-to-trustee transfer. Establishes special rules for portable pension plans under ERISA. Relieves the administrators of such plans of liability for reliance in good faith on information provided by an employer, participant, or beneficiary which constitutes a misrepresentation or mistake of fact. Sets forth the responsibilities of the plan sponsor, administrator, and employer. Requires a portable pension plan to: (1) meet employee self-directed account regulations; (2) designate a fiduciary; and (3) provide at least one investment option in U.S. securities. Directs the Secretary and the Secretary of the Treasury to prescribe by regulation one or more prototype portable pension plans. Amends ERISA and the Internal Revenue Code to provide for the direct transfer to a portable pension plan from any other pension plan of the entire nonforfeitable benefit of a participant under such other pension plan.
United States · United States Congress · 7 April 1987
Pension Portability Act of 1987 - Title I: Rules Generally Applicable to Simplified Employee Pensions - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to define a "simplified employee pension plan" as a pension plan consisting of one or more individual retirement accounts or annuities that meet certain requirements of the Internal Revenue Code. Directs the Secretary of Labor to prescribe an alternative method of compliance with requirements for simplified employee pension plans. Establishes participation and vesting requirements for such plans. Requires each simplified employee pension plan and portable pension plan to provide that: (1) the distribution of the accrued benefit with respect to each participant will be only in a permitted retirement income form; (2) no distribution may be made without the consent of the participant or beneficiary; and (3) the benefit will be distributed in accordance with a timely application in accordance with the terms of the plan. Describes a standard retirement income form for simplified employee pension plans as: (1) a qualified joint and survivor annuity; (2) any other joint life annuity, including a cash refund annuity; (3) a single life annuity, including a refund annuity; or (4) any series of substantially equal periodic payments described under the Internal Revenue Code. Allows participants to elect a form of distribution other than distribution over life expectancy, if such spousal consent requirements are met. Requires the administrator of a simplified employee pension plan, prior to making a distribution, to provide to the individual who is to receive the distribution a written explanation of: (1) the provisions under which the distribution may be subject to tax or penalty under the Internal Revenue Code; and (2) the terms and conditions of the applicable permitted retirement income form, the participant's rights with respect to electing other forms of distribution, and spousal rights. Declares that for simplified employee pension plans a beneficiary means a spouse of the participant or any other person designated by the participant or by the terms of the plan. Specifies conditions under which spousal consent requirements are met. Exempts simplified employee pension plans from specified funding provisions of ERISA. Title II: Portable Pensions - Amends ERISA to define a portable pension plan as an arrangement of one or more individual retirement accounts or annuities which: (1) meets the requirements of a simplified employee pension; and (2) provides for the transfer of plan investment accumulations to other tax-qualified plans. Establishes special rules for portable pension plans under ERISA. Relieves the administrators of such plans of liability for reliance in good faith on information provided by an employer, participant, or beneficiary which constitutes a misrepresentation or mistake of fact. Sets forth the responsibilities of the plan sponsor, administrator, and employer. Requires a portable pension plan to: (1) meet employee self-directed account regulations; (2) designate a fiduciary; and (3) provide at least one investment option in U.S. securities. Directs the Secretary and the Secretary of the Treasury to prescribe by regulation one or more prototype portable pension plans. Amends ERISA to provide for the direct transfer to a portable pension plan from any other pension plan of the entire nonforfeitable benefit of a participant under such other pension plan.
United States · United States Congress · 7 April 1987
Encourages State and local governments and local educational agencies to provide quality daily physical education programs for all children from kindergarten through grade 12.
United States · United States Congress · 6 April 1987
Makes permanent the income tax credit for qualified research expenditures by repealing the provisions of the Internal Revenue Code that would terminate such credit for expenses incurred or paid after 1988.
United States · United States Congress · 6 April 1987
Amends the Federal criminal code to make it unlawful for an employer to monitor an employee's work phone call unless a repeating audible warning tone is utilized. Allows any person whose call is monitored in violation of this Act to recover civil damages.
United States · United States Congress · 6 April 1987
Expresses the sense of the House of Representatives that for each nuclear power plant that does not currently possess a full-power operating license, the Nuclear Regulatory Commission should apply its regulations so that such a license may be issued only if all of the Commission's emergency planning requirements are met. Includes in such requirements: (1) submission of off-site emergency plans to the Commission by State and local governments; and (2) a finding by the Federal Emergency Management Agency, and a determination by the Commission, that such plans and emergency preparedness are deemed adequate to protect the public safety in the event of a serious reactor accident.
United States · United States Congress · 2 April 1987
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 · 2 April 1987
Fairness in Broadcasting Act of 1987 - Expresses the findings of the Congress that the Fairness Doctrine: (1) fairly reflects the statutory obligations of broadcasters; (2) received statutory approval from the Congress in 1959; and (3) reasonably balances first amendment rights. Amends the Communications Act of 1934 to require broadcast licensees to provide a reasonable opportunity for the discussion of conflicting views on issues of public importance. Requires enforcement and application of such requirement to be consistent with the rules and policies of the Federal Communications Commission in effect on January 1, 1987.
United States · United States Congress · 1 April 1987
Equity in Interstate Competition Act of 1987 - Empowers any State and the District of Columbia to require a person to collect a State sales tax imposed with respect to the sale of tangible personal property if: (1) the destination of sale is in such State; and (2) such person engages in regular or systematic soliciting of sales in such State and has, within a specified one-year period, gross receipts from the sale of such property that exceed either $500,000 within the State or $12,500,000 nationally. Sets forth certain requirements that will qualify certain local sales taxes for treatment as State sales taxes. Prohibits a State from requiring any person who collects a State sales tax to make an accounting for the receipts of such tax on the basis of the geographical location at which the taxable transaction occurs. Limits the authority of the State to require a taxpayer to: (1) file more than four tax returns reporting the amount of such tax collected or required to be collected in any one-year period; or (2) file a return and remit the receipts of such tax more frequently than once in a calendar quarter, or before the expiration of the 20-day period beginning on the last day of the period for which such return is required to be filed. Provides that any person required by a State to collect a State sales tax shall be subject to the laws of that State relating to such tax.
United States · United States Congress · 31 March 1987
Amends the Coastal Zone Management Act of 1972 to prescribe the extent to which Federal agency activities directly affecting the coastal zones must be consistent with approved State management programs. Describes what is encompassed by "directly affecting activities." Allows Federal activities to be inconsistent with State coastal zone management programs only if to be consistent would violate Federal law or if substantial unforeseen obstacles are encountered.
United States · United States Congress · 31 March 1987
Airline Passenger Equity Act of 1987 - Directs the Secretary of Transportation to require commercial air carriers engaged in the transportation of passengers in the United States (including foreign air and commuter air carriers) to report to the Secretary on a monthly basis specified information regarding flight delays, cancellations, reroutings, luggage status performance, and "bumped" passengers. Requires the Secretary to make such information available to the public at all public airports in a timely fashion. Directs the Secretary to require that each such air carrier disclose to each passenger at the time of ticket purchase specified information regarding flight cancellations, overbookings, delays, liability for luggage, and food and restroom accommodations on such flight. Directs the Secretary to prohibit air carriers from advertising a fare for any flight at a particular price unless the carrier offers at least one-third of the seats for such flight at the advertised price, or unless the air carrier makes a general disclosure that fewer than one-third of such seats are available at that particular price. Prohibits any air carrier from cancelling a flight for economic reasons unless reasonable efforts are made to notify each passenger and to make similar services available within a reasonable time. Establishes a civil penalty for violations of regulations under this Act. Directs the Secretary to establish a 24-hour toll-free consumer hotline and to prominently publicize such hotlines availability at airports.
United States · United States Congress · 31 March 1987
Constitutional Amendment - Provides for the appointment by the Virgin Islands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands of electors of the President and Vice President equal to the whole number of Senators and Representatives in Congress to which such territories would be entitled if they together were a single State, but in no event more electors than the least populous State appoints.
United States · United States Congress · 26 March 1987
Amends the Wild and Scenic Rivers Act to designate a segment of the Rio Chama River, New Mexico, as a component of the Wild and Scenic Rivers System. Sets forth management requirements for this and other segments of the River and adjacent lands.
United States · United States Congress · 25 March 1987
Amends the Internal Revenue Code to make permanent the tax exclusion for amounts received under qualified group legal services plans. (Present law terminates such exclusion after December 31, 1987.)
United States · United States Congress · 25 March 1987
Atomic Veterans Compensation Act of 1987 - Amends Federal veterans' benefits provisions to establish (for purposes of eligibility for such benefits) a presumption of service-connection for the following diseases suffered by any radiation-exposed veteran: (1) all forms of leukemia, except chronic lymphatic leukemia; (2) polycythemia vera; (3) thyroid cancer; (4) bronchogenic carcinoma; and (5) female breast cancer. Requires all of the above diseases, in order to be considered service-connected, to have become manifest to a degree of ten percent or more within 30 years after the last date on which the veteran participated in a radiation-risk activity. Defines "radiation-exposed veterans" and "radiation-risk activity" for purposes of this Act.
United States · United States Congress · 25 March 1987
Suspends through FY 1989 the military education program for civilian technicians of the Army National Guard. Directs the Secretary of Defense, no later than December 31, 1988, to report to the Senate and House Armed Services Committees on the Military Education Program of the Army National Guard concerning the cost-effectiveness and other characteristics of such program.
United States · United States Congress · 25 March 1987
Imported Raw Agricultural Commodity Safety Act of 1987 - Directs the Secretary of Health and Human Services to prepare a fiscal year plan for the distribution of Food and Drug Administration (FDA) resources for sampling imported raw agricultural commodities to ensure: (1) compliance with pesticide residue laws; and (2) sharing of violations data among FDA districts. Directs the Secretary to prepare a fiscal year summary of sampling activities which shall specify: (1) commodity types and volume; (2) country of export; (3) numbers of samples taken; and (4) violations, including commodity and pesticide, and the name of the importer. Directs the Secretary, when a violation has been found, to monitor such commodity during the successive growing season. Directs the Secretary to: (1) submit an enforcement report to the appropriate congressional committees; and (2) include within such report a description of any pesticide residue detection research.
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 · 19 March 1987
Marine Resources Investment and Economic Competitiveness Act of 1987 - Expands coverage of the National Sea Grant College and Program Act to include Great Lakes resources. (Current law covers ocean and coastal resources.) Authorizes the Secretary of Commerce (the Secretary) to establish a marine policy fellowship program for the placement of qualified graduate students with the legislative or executive branches of the U.S. Government. Amends the Sea Grant Improvement Act of 1976 to authorize the Secretary to make grants of up to 100 percent to carry out the strategic marine research program. Prohibits granting more than ten percent of the total funds appropriated for any fiscal year to persons in any one State, except for centers of excellence designated as provided in this Act. Requires the Under Secretary of Commerce for Oceans and Atmosphere (the Under Secretary), within one year of enactment of this Act, and every three years thereafter, to develop and publish a report identifying and describing priority areas for strategic marine research. Requires submission of the report to the Committee on Merchant Marine and Fisheries in the House of Representatives and the Committee on Commerce, Science, and Transportation in the Senate. Prohibits the Under Secretary from making such grants until 45 days after receipt of such report by the committees. Authorizes the Secretary, upon making certain findings, to designate centers of excellence in strategic marine research. Requires the Secretary to establish and administer a program of strategic marine research postdoctoral fellowships. Prohibits, except for such centers of excellence, more than ten percent of the fellowship awards being in use at any one sea grant program in the same fiscal year. Prohibits use of a fellowship to support an individual at the institution where that individual received a graduate degree. Authorizes the Secretary to enter into contracts and make grants for specified purposes. Sets eligibility requirements. (Current law requires the Secretary to support a sea grant fellowship program.) Establishes an independent committee to be known as the sea grant review panel, superseding the existing sea grant review panel, within 90 days after the enactment of this Act. Provides for the duties, membership, terms, and powers of such panel. Authorizes appropriations of specified amounts for each of FY 1988 through 1992. Provides for reversion of unused grant funds to the Secretary for use in other grants under the same provision as the original grant. Requires the Secretary, within one year of the enactment of this Act, to prescribe rules and regulations necessary to carry out provisions of this Act regarding the strategic marine research program. Repeals the provision of the current law dealing with the sea grant international program. Repeals provisions relating to a biennial report by the Secretary to the Congress and the President regarding the national sea grant program.
United States · United States Congress · 19 March 1987
Fair Trade and Economic Justice Act - Declares that it is U.S. policy to: (1) promote an open and fair international trading system; (2) strengthen international trading rules to renounce the exploitation of workers in order to gain a competitive advantage in international trade; and (3) treat as an unfair trade practice any competitive advantage derived from denial of workers' rights. Title I: Negotiating Objectives Regarding the General Agreement on Tariffs and Trade and Enforcement of Internationally Recognized Worker Rights - Amends the Trade Act of 1974 to include among the actions to be taken on trade agreements the enhancement of the General Agreement on Tariffs and Trade (GATT) through: (1) the adoption of an additional GATT article declaring that the exploitation of workers is an unjustifiable means for a country to gain a competitive trade advantage; (2) the amendment of the GATT to affirm such principle; or (3) the adoption and implementation of a code on internationally recognized worker rights. Prohibits the President from entering into any negotiation with respect to any trade agreement unless the President first reports to specified congressional committees on the actions that will be taken to protect workers' rights and to redress the trade disadvantage of countries that rely primarily on direct taxes for revenue needs. Prohibits any trade agreement entered into after enactment of this Act from taking effect with respect to the United States unless the President consults with specified congressional committees on the progress being made to protect workers' rights. Title II: Enforcement of United States Rights Under Trade Agreements and Response to Certain Foreign Practices - Authorizes the President, in response to certain unfair foreign trade practices, to deny nondiscriminatory treatment (most-favored-nation treatment) to imports from a country that engages in such practices. Adds to the definition of "unreasonable" trade acts, policies, or practices: (1) toleration of cartels; and (2) denial of internationally recognized workers' rights. Provides that petitioners for relief from unfair trade practices shall be persons with substantial evidence. Requires persons who request hearings in unfair trade practice cases to be persons with substantial evidence. (Currently any interested person may petition for relief and may request a hearing in such cases.) Requires the U.S. Trade Representative to submit recommendations to the President within nine months of the start of an investigation into unfair trade practices if the petition alleges that the unfair trade practice involves denial of internationally recognized workers' rights.
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 · 18 March 1987
Establishes the Veterans Administration as an executive department redesignated as the Department of Veterans' Affairs. Makes technical and conforming changes, including the redesignation of the Administrator of Veterans Affairs as the Secretary of Veterans' Affairs.
United States · United States Congress · 18 March 1987
Homecare Quality Assurance Act of 1987 - Adds a new title XXI to the Social Security Act entitled "Homecare Quality Assurance." Defines "homecare services" to include home help services (i.e., homemaker, personal care, and sitter services) and Medicare (title XVIII of the Act) home health services. Requires the Secretary of Health and Human Services to promulgate a homecare consumer's 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 homecare contractors to: (1) satisfy Medicare home care agency requirements, unless they provide only home help services; (2) provide consumers with copies of the homecare 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 homecare consumer's needs and coordinating the provision of services with other homecare contractors; (6) ensure that each homecare provider whom they employ or have under contract receives training; and (7) evaluate annually and supervise each homecare provider whom they employ or have under contract. Requires the Secretary to encourage States to place at least as stringent conditions on State homecare service programs not covered by title XXI as those placed on covered services. Conditions coverage of durable medical equipment services on providers: (1) issuing written instructions to and training the homecare 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: (1) conducting an equal number of announced and unannounced surveys of a homecare contractor's compliance with title XXI participation conditions, with more frequent surveys required for contractors with poor compliance records; and (2) validating surveys of contractors performed by accrediting organizations and States. Exempts certain homecare contractors from the Secretary's survey procedures provided they are subject to State quality assurance or licensing programs and certified by accrediting organizations whose standards and survey procedures are at least as stringent as those established under title XXI. Directs the Secretary to promulgate regulations, within one year of this Act's enactment, pursuant to which peer review organizations (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 homecare consumers and providers in the PRO review process; and (2) representatives of homecare providers and consumers in PRO membership. Requires each State to appoint a home help monitoring agent to monitor the provision of home help services. Requires each State to establish a Consumer Advisory Board, within one year of this Act's enactment, to oversee the quality assurance review activities of PROs and the home help monitoring agent. Directs the Board to report to the Secretary and the State's chief executive on October 1 of each year regarding such quality assurance review activities. Requires the Secretary to encourage PROs and home help monitoring agents to develop coordinated mechanisms and outcome-orientated criteria for monitoring the quality of homecare, requiring that such monitoring include direct contact with homecare consumers. Requires that PROs and home help monitoring agents: (1) establish and operate statewide toll-free hotlines for receiving homecare questions and complaints, unless the State establishes such a hotline; and (2) assist consumers in resolving homecare quality problems. Directs Consumer Advisory Boards, PROs, and home help monitoring agents to cooperate with State and local officials in educating consumers regarding quality assurance programs and the assistance available for consumers with quality assurance problems. Directs the Secretary to encourage States to develop ombudsman programs for nonelderly homecare consumers. Requires the Secretary to establish and the States to develop procedures for imposing sanctions against contractors 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 homecare contractors having a consistent record of compliance with such conditions. Directs the Secretary to: (1) encourage States to develop homecare provider licensing and certification policies; and (2) issue a biennial report on State implementation of such policies. Establishes a Homecare 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 homecare contractor and provider training programs and furnish States, contractors, and providers with training materials. Directs the Secretary to establish guidelines, fund, and issue a report regarding: (1) studies on homecare quality assurance measures; and (2) demonstration projects which include projects exploring the feasibility and desirability of developing certification requirements for individuals who provide homecare services, and projects considering alternatives to the use of PROs in monitoring homecare contractors. Requires the Secretary to report to the Congress on January 1 of each year and States to report to the Secretary on October 1 of each year regarding the nature and performance during the preceding fiscal year of the homecare quality assurance system. Authorizes appropriations for: (1) the home health monitoring activities of PROs and home help monitoring agents; (2) home health training program grants; and (3) the studies and demonstration projects established pursuant to this Act. Amends the Older Americans Act of 1965 to extend the long-term care ombudsman program to homecare services. Requires each State to establish a toll-free telephone hotline to facilitate the communication of complaints regarding long-term and homecare services. Authorizes appropriations for the hotline and homecare ombudsman program. Directs the Secretary to conduct demonstration projects to determine the most effective methods for an ombudsman to: (1) administer and perform homecare activities; and (2) coordinate such activities with other ombudsman activities. Requires the Secretary to report to the Congress regarding such projects by 1990. Directs the Secretary to conduct a study, within three years of this Act's enactment, into the feasibility of extending the ombudsman program to physician and hospital services received by older individuals. Sets forth administrative and reporting requirements.
United States · United States Congress · 18 March 1987
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Directs the President to appoint as members of the Center 20 experts in the biomedical information sciences who are currently employed by a Federal agency in a capacity which qualifies them to make determinations as to whether research proposals involving live animals are duplicative of other research efforts. Sets forth provisions for a Director of the Center. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any such proposal which the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in the conduct of comprehensive full-text literature searches. Directs the President to establish rules to preclude any conflict of interest in the awarding of such contracts. Authorizes the President to appoint uncompensated advisors to the Members of the Center. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Directs the Library to: (1) acquire, in full-text form, all biomedical information owned or available for use by Federal agencies (except information already in the Library or classified for national security reasons); (2) transcribe and store in full-text all such information acquired by the Library after January 1, 1960; (3) translate into English all foreign-language biomedical information owned or used by the Library; (4) make available through modern technologies, at cost, to medical libraries all full-text biomedical information in its collection; (5) support, by grants and contracts, the creation of new information for teaching and demonstrations, including audiovisual aids and computer graphics technologies; (6) make available, at cost, such new information to research and teaching institutions; and (7) increase the number of persons trained in modern methods of biomedical information storage and dissemination technologies by making available stipends, awards, and grants to persons engaged in such training. Provides that the cost to those requesting such biomedical or such teaching and demonstration information shall include the Federal expenses incurred in acquiring and making it available. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Authorizes the Secretary of Health and Human Services to appoint uncompensated advisors to the Library for purposes of this Act. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations for FY 1986 and thereafter.
United States · United States Congress · 18 March 1987
Beverage Container Reuse and Recycling Act - Prohibits the sale of beer, mineral water, soda water, or carbonated soft drinks in beverage containers by retailers and distributors unless such containers carry a refund value of not less than five cents. Requires that retailers and distributors pay the refund on returned containers of brands sold by such retailers or distributors. Prohibits distributors and retailers from selling beverages in metal beverage containers with detachable openings. Preempts inconsistent State or local laws. Prohibits State and local governments from imposing any tax on the collection or return of refund values. Imposes penalties of up to $1,000 for violations.
United States · United States Congress · 18 March 1987
Amends the Tax Reform Act of 1986 to repeal the provision which disallows the treatment of certain technical personnel as self-employed individuals for employment tax purposes.
United States · United States Congress · 18 March 1987
WIC Food for Life Resolution - Expresses the sense of the Congress that: (1) the Special Supplemental Food Program for Women, Infants, and Children (WIC) should receive increasing appropriations until all eligible persons are being served; and (2) an outreach program should be conducted to identify persons eligible for WIC assistance.
United States · United States Congress · 17 March 1987
Small Business Prompt Payment Act Amendments of 1987 - Revises Federal law to deem the head of a Federal agency to have received an invoice on the later of: (1) the date on which the designated office or employee of an agency actually receives it; or (2) the fifth day after the date on which a property is actually delivered, or final performance of a service is actually completed, unless the contract specifies otherwise. Makes Federal prompt payment provisions applicable to the United States Postal Service. Makes the Postmaster General responsible for issuing procurement regulations, solicitation provisions, and contract clauses. Reduces the 15-day grace period for payment of interest penalties to eight days for solicitations (other than meat products and agricultural commodities) issued before October 1, 1990. Eliminates such grace period for procurement solicitations issued on or after October 1, 1990. Requires an agency to pay a double interest penalty if: (1) the agency owes the interest penalty; (2) the interest penalty is not paid to the business concern on or after the date the penalty is due; (3) the agency does not pay the penalty within ten days after such payment is made; and (4) a written demand is made within 40 days after such payment is made. Requires regulations on interest penalties, in the case of construction contracts, to provide for the payment of interest on: (1) progress payments due for more than seven days, or a longer period if the prevailing practice in private construction contracts is to provide such longer period; and (2) amounts retained during the performance of a contract, if such amounts are not paid by the required payment date. Requires regulations on interest penalties to provide for periodic payments in the case of supply or service contracts upon: (1) the submission of an invoice for supplies delivered or services performed; and (2) acceptance of supplies or services by an authorized employee or certification of performance by such an employee. Requires Government construction contractors to include a payment provision in their agreements with their subcontractors which provides for payment in accordance with prevailing industry standards. Requires the contractor to pay a late payment interest penalty to the subcontractor at the rate applicable between the prime contractor and the Government. Specifies the calculation of time for interest penalties on discount payments. Revises agency reporting requirements on interest penalty payments to include: (1) a description of agency payment practices; and (2) an analysis by the Office of Small and Disadvantaged Business Utilization for each of the various Federal agencies on the impact of such payments on small and disadvantaged businesses. Requires the Chief Counsel for Advocacy of the Small Business Administration to report to the congressional committees on Small Business on current Government compliance with the payment of interest penalties and the impact on small business. Requires the Chief Counsel to monitor the compliance of all agencies and of the Director of the Office of Management and Budget with interest penalty payments. Requires the modification of the Federal acquisition regulation to implement Federal prompt payment provisions.
United States · United States Congress · 17 March 1987
Consumer Products Safe Testing Act - Expresses congressional findings that: (1) the Federal Government has encouraged the use of the LD50 test through regulations which mandate or encourage its use or do not prescribe other less costly, more accurate, and more humane alternatives; and (2) private industry is reluctant to use these other tests without Federal Government encouragement. (LD50 is a procedure whereby toxicity is measured in terms of the median dose that will kill 50 percent of the test animals within a specified time.) Prohibits Federal department or agency heads from considering LD50 test results when determining product safety, labeling, or transportation requirements for purposes of Federal regulation. Requires Federal department and agency heads to: (1) review and evaluate directives that call for the use of an animal toxicity test; and (2) promulgate regulations specifying the use of nonanimal alternatives. Permits the use of animal toxicity tests under certain conditions. Requires that animal toxicity testing regulations be subject to periodic agency review and to public comment in certain cases.
United States · United States Congress · 17 March 1987
Amends Federal veterans' benefits provisions to increase the per diem rates paid to States for the provision of domiciliary and nursing home care to veterans in State homes. Grants the Administrator of Veterans Affairs authority, after July 1, 1987, to award transition-year grants to States for construction of facilities furnishing domiciliary or nursing home care to veterans.
United States · United States Congress · 17 March 1987
Oil Pollution Liability and Compensation Act of 1987 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Exempts from such liability certain discharges permitted under Federal law. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; or (3) a foreign government. Sets forth recovery and indemnification procedures. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund) including: (1) payment of removal costs and administrative expenses; and (2) contributions to the International Fund. Sets forth defenses to liability for such Fund and a specified maximum amount which may be paid from the Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge (or potential discharge), and to immediately notify the responsible party or guarantor of such designation. Sets forth the advertisement procedures to be followed by such a designee or guarantor. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may have entry into U.S. ports or waters denied, or have their oil cargo seized. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Conforming Amendments - Sets forth conforming amendments to certain related statutes. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Compensation Fund. Grants recognition of any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of ship-owners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Authorizes the Secretary to prescribe regulations to implement this Act, and all Federal obligations under the specified Oil Pollution Conventions.
United States · United States Congress · 17 March 1987
Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the performing arts from coverage under unfair labor practice provisions prohibiting specified contracts or agreements between employers and labor organizations and prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers, excluding employers in the broadcasting or motion picture industries, to: (1) agree with a labor organization to make membership in such organization a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if the majority status of the organization has not yet been established. Defines "employer" to include purchasers of musical performance services. Defines "employee" to include independent contractors engaged to perform musical services.
United States · United States Congress · 17 March 1987
Intellectual Property Anti-Piracy and Market Access Act - Amends the copyright and patent laws to direct the U.S. Trade Representative to list all foreign countries and instrumentalities that deny adequate and effective protection of copyright, patent, and trademark rights to U.S. persons, specifying which countries are priority foreign countries based upon their practices and the potential market for U.S. products. Requires the President to negotiate with the priority foreign countries to establish adequate and effective protection for U.S. persons' rights. Directs the President to take action, such as terminating, withdrawing, or suspending any portion of a trade agreement or duty-free treatment, if unable to reach an agreement on such issues. Authorizes the President to defer such actions upon certifying to the Congress that negotiations are making substantial progress. Requires the President to consult with the Register of Copyrights, the Commissioner of Patents and Trademarks, and interested congressional Members and committees and to keep them informed of priorities, progress, and possible U.S. concessions.
United States · United States Congress · 16 March 1987
Education for Economic Security Amendments of 1987 - Amends the Education for Economic Security Act to rename title II as the "Christa McAuliffe Teacher Training and Improvement Act." Authorizes appropriations for FY 1988 through 1992 for such title. Authorizes the Secretary of Education to reserve up to 20 percent of such funds for national programs. Directs the Secretary to reserve: (1) one half of one percent for projects and activities in specified territories and possessions of the U.S.; and (2) one half of one percent for projects and activities for Indian children in Department of the Interior schools. Directs the Secretary to allot the remainder among States on the basis of number of children aged five to 17. Provides for reallotment under specified conditions. Sets forth provisions for programs for Indian children. Sets forth provisions for State and local projects. Requires eligible recipients (i.e. a local educational agency, institution of higher education, cultural institution, professional association, or other capable public or private agency) to submit applications to the State educational agency. Directs the State agency to use for State projects that portion of its allotment that is not distributed to eligible recipients or used for State administration. Requires such State and local project funds to be used for: (1) inservice education for teachers; (2) inservice education for school administrators; (3) retraining teachers who wish to teach different subjects; (4) programs, including scholarships and internships, for qualified persons in business and the professions who wish to become teachers or school administrators but who lack coursework in education; (5) preservice education of teachers and school administrators; (6) improved teacher education programs; (7) fellowships and opportunities for writing and research for teachers and school administrators; and (8) programs for exchange of professional personnel between education and other fields. Sets forth provisions for the participation of private nonprofit school teachers and administrators. Authorizes the Secretary to carry out research, development, evaluation, demonstration, dissemination, and data collection activities which are of national significance. Requires that Federal funds be used to supplement, not supplant, non-Federal funds. Repeals specified provisions of the Education Amendments of 1978 and the Higher Education Act of 1965.
United States · United States Congress · 12 March 1987
Competitive Credit Card Interest Rate Act - Amends the Truth in Lending Act to establish a national ceiling on credit card interest rates of eight percentage points over the yield on one-year Treasury securities. Supersedes certain provisions of State laws regarding notice requirements preceding increases in credit card interest rates. States that this Act shall not supersede applicable State limitations on finance charges. Directs the Board of Governors of the Federal Reserve System to conduct a study of: (1) the relationship between credit card interest rates and the cost of extending such credit; and (2) the degree to which such rates reflect competition for new credit card accounts. Requires the Board to submit the results of such study to specified congressional committees by September 1, 1987. Provides that such ceiling shall not take effect if such study reveals that the credit rates reflect the cost of extending credit.
United States · United States Congress · 12 March 1987
Prohibits any investments in South Africa by U.S. persons. Prohibits the importation into the United States of any article from South Africa, except for strategic minerals which the President certifies to the Congress are essential for military uses, are not sufficiently available from domestic supplies, and for which no substitutes are available. Prohibits the exportation to South Africa of any goods, technology, or other information subject to U.S. jurisdiction. Prohibits any such exportation by any person subject to U.S. jurisdiction. Exempts from such prohibition certain medical supplies and food. Directs the Secretary of Transportation to prohibit the takeoff and landing of any aircraft except for emergencies by a foreign air carrier owned by South Africa or South African nationals. Prohibits the importation into the United States of any South African gold coin. Prohibits any U.S. depository institution from accepting, receiving, or holding a deposit account from South Africa. Prohibits the United States from engaging in any military or intelligence activities in cooperation with South Africa. Authorizes the President to limit imports into the United States from a foreign country to the extent that such foreign country benefits from, or takes commercial advantage of, any prohibition imposed by this Act. Provides for the enforcement of this Act. Repeals the Comprehensive Anti-Apartheid Act of 1986 and the amendments made by that Act to the Foreign Assistance Act of 1961 and the Export-Import Bank Act of 1945.
United States · United States Congress · 11 March 1987
Deceptive Mailings to Senior Citizens Prevention Act of 1987 - Declares, as nonmailable matter, matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of products or services which are provided free of charge or at a lower price by the Social Security Administration or Health Care Financing Administration (HCFA); (2) for the purchase of products or services which contain a seal, insignia, trade or brand name, or any other term or symbol implying Social Security Administration or HCFA connection, approval, or endorsement; and (3) for the contribution of funds and which contains a seal, insignia, trade or brand name, or any other term implying Social Security Administration or HCFA connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.
![Official portrait of Rep. Hochbrueckner, George J. [D-NY-1]](https://www.congress.gov/img/member/h000670_200.jpg)