United States · United States Congress · 9 February 1988
Authorizes FY 1989 appropriations to reimburse the State of Florida and certain political subdivisions for expenses incurred in 1980 and 1981 with respect to Cuban and Haitian nationals who arrived there without prior authorization.
United States · United States Congress · 8 February 1988
Amends the Internal Revenue Code with respect to the Boat Safety Account in the Aquatic Resources Trust Fund to: (1) authorize transfers into the account of motorboat fuel taxes received before October 1, 1999 (current law provides authorization until October 1, 1988); (2) increase from $45,000,000 to $60,000,000 the amount permissible in the Account without triggering a prohibition of Highway Trust Fund transfers into the Account for FY 1988 and thereafter; and (3) extend from April 1, 1989, to October 1, 1999, the date before which expenditures may be made from the Account for recreational boating safety programs. Grants the Secretary of the department in which the Coast Guard is operating liquidating contract authority with respect to State recreational boating safety programs in an amount equal to one-half (currently two-thirds) of the amount of motorboat fuel taxes transferred to the Account in FY 1988 and thereafter. Increases from one-third to one-half the portion of such funds available for Coast Guard services in connection with recreational boating safety services. Prohibits fiscal year expenditures for Coast Guard expenses from exceeding those for State boating safety programs generally. Amends Federal law to permit a State to use contributions of funds, materials, lands, and services to carry out certain fish restoration and management projects in lieu of paying its share of the activity.
United States · United States Congress · 8 February 1988
United States Coast Guard Bicentennial Medal Act - Directs the Secretary of the Treasury to design, strike, and sell a medal in commemoration of the bicentennial of the U.S. Coast Guard in 1990. Requires the design of the medal to be selected by the Secretary of the Treasury after consultation with the Secretary of Transportation and the Commission of Fine Arts.
United States · United States Congress · 2 February 1988
Child Protection and Obscenity Enforcement Act of 1988 - Title I: Child Pornography - Amends the Federal criminal code to make it illegal to use a computer to transport information in interstate or foreign commerce concerning the visual depiction of minors engaging in sexually explicit conduct (child pornography). Establishes criminal penalties for buying, selling, or transferring the custody of a minor: (1) knowing that, as a consequence of the sale or transfer, the minor will be used in child pornography; or (2) with the intent to promote child pornography. States that such sale or transfer must involve: (1) the minor or other actor traveling in interstate or foreign commerce; (2) communications in interstate or foreign commerce; or (3) conduct in a territory or possession of the United States. Requires any person who produces a book, magazine, periodical, film, videotape, or other matter which contains any visual depiction of sexually explicit conduct (which is shipped or intended for shipment in interstate or foreign commerce, or contains material shipped in interstate or foreign commerce) to maintain certain records regarding the performers portrayed in such conduct. Directs the Attorney General to issue regulations regarding the maintenance and availability of such records. Includes the sexual exploitation of children as a predicate offense to the Racketeer Influenced and Corrupt Organizations (RICO) statute. Title II: Obscenity - Makes it a Federal criminal offense to receive or possess, with the intent to distribute, obscene matter which has been transported in interstate or foreign commerce. Makes it a Federal criminal offense to knowingly use a facility or means of commerce to sell or distribute obscene matter in interstate or foreign commerce. Establishes a rebuttable presumption, with respect to Federal criminal offenses involving obscene matter, that obscene matter produced in one State (or outside the United States) which is subsequently located in another State (or in the United States) was transported, shipped, or carried in interstate (or foreign) commerce. Establishes criminal and civil forfeiture procedures with respect to Federal offenses involving obscene material and child pornography. Includes communications by means of cable or subscription television within the prohibition against broadcasting obscene language. Amends the Communications Act of 1934 to modify the penalty provisions of such Act with respect to obscene telephone communications. Amends the Federal criminal code to establish criminal penalties for the possession or sale of obscene matter on Federal property. Adds obscenity offenses to the list of crimes for which the Government may obtain wiretaps.
United States · United States Congress · 28 January 1988
Air Travel Rights for Blind Individuals Act - Amends the Federal Aviation Act of 1958 to preclude an air carrier from establishing aircraft seating restrictions based upon a passenger's visual acuity or use of a white cane or dog guide or other such means of assistance.
United States · United States Congress · 27 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes or for any other use not as a fuel in a diesel-powered highway vehicle or train. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)
United States · United States Congress · 25 January 1988
Reserve Officer Personnel Management Act - Continues on the reserve active status list certain Army and Air Force reserve colonels and brigadier generals who would otherwise be discharged from such active status due to age or years in service. Outlines certain promotion and failure of selection provisions concerning reserve officers of the Army, Navy, Marine Corps, and Air Force who are subject to placement on the reserve active status lists and who come up for promotion to a higher reserve grade. Authorizes, for a specified period, the Secretaries of the Army and the Air Force to prescribe minimum periods of total years of commissioned service for promotion consideration for reserve officers who are subject to placement on the reserve active status list of the Army or Air Force. Requires all officers due to be placed on the reserve active status list of their armed forces to be placed on such list with the same relative seniority as they held on the day before the effective date of this Act. Revises provisions concerning the determination of the highest grade held for purposes of computation of retired pay of officers required to perform satisfactorily on the reserve active status list. Title I: Promotion and Involuntary Separation of Officers on the Reserve Active Status List - Amends general military law provisions to direct the Secretary of the military department concerned, whenever the needs of the service require, to convene selection boards to make recommendations: (1) for promotion of officers on the reserve active status list in each permanent grade to the next higher grade; and (2) for continuation of officers on the reserve active status list or for selective early removal from such list (including requiring an officer to show cause for retention). Directs the Secretary of the military department concerned to notify officers eligible for promotion in advance that a selection board is to convene. Requires each selection board convened to submit a written report and certain certifications regarding their selection procedure. Directs the Secretary of the military department concerned to return a report to a selection board if a recommendation is found to be contrary to law or regulations. Directs the Secretary of the military department concerned, after final review of a board report, to submit such report, along with the Secretary's recommendations, to the Secretary of Defense for transmittal to the President for approval, modification, or disapproval. Allows the name of an officer recommended for promotion by a selection board to be removed from such board's report only by the President. Authorizes dissemination of the names of officers recommended for promotion upon approval by the President of the selection board report. Directs the Secretary of the military department concerned to maintain a single list of all officers who are in an active status in a reserve component. Outlines general rules pertaining to eligibility for consideration for promotion of officers appearing on such reserve active status lists. Requires an officer to be on such list for at least one continuous year before being eligible for promotion. Authorizes the Secretary of the military department concerned to limit the number of officers considered for promotion by a selection board. Defines "promotion zone" for purposes of this Act to be a certain specified promotion eligibility category. Outlines the minimum years of service-in-grade required for promotion eligibility consideration for officers who are on the reserve active status list of a reserve component. Authorizes the Secretary concerned to prescribe longer minimum periods of in-grade service in certain instances. Authorizes the Secretary concerned, in the case of an officer holding the grade of major or lieutenant commander in a reserve component, to also prescribe a minimum period of total years of commissioned service. Requires that certain ranked officers on the reserve active status list who are ineligible for promotion due to an insufficient period of in-grade service shall be placed in a zone of consideration and considered for promotion far enough in advance that such promotion would be effective on the date of eligibility due to completion of such required service. Requires each officer whose name appears on a reserve active status list to be placed in a competitive category for promotion. Directs the Secretary concerned to establish a promotion zone for officers serving in each grade and competitive category. Authorizes the Secretary of the Navy to implement regulations that require that a promotion zone for consideration of officers above the rank of ensign or second lieutenant be determined in accordance with a running mate system. Directs the Secretary concerned, before convening a selection board, to determine the maximum number of officers in each competitive category that the selection board may recommend for promotion. Authorizes the Secretary concerned, when the needs of the armed forces so require, to recommend officers of a certain rank for promotion from below the promotion zone. Directs the Secretary concerned, after the report of a promotion selection board has been approved by the President, to place the names of all officers selected for promotion on a list (a promotion list) in the order of seniority of those officers on the reserve active status list. Provides that promotions shall then be made in the order in which the names of the officers appear on the promotion list. Provides that appointments shall be made by the President, with the advice and consent of the Senate, with specified exceptions. Considers an officer to have accepted an appointment on the date it is made unless it is expressly declined. Provides that the President may at any time remove the name of any officer from a promotion list or such officer's name shall be removed if the Senate does not give its advice and consent to such appointment. Directs that any officer whose name is so removed continues to be eligible for promotion. Provides specified circumstances under which the appointment of an officer to a higher grade may be involuntarily delayed (e.g., court-martial, criminal proceedings, or disciplinary actions against an officer). Requires the name of such officer to be returned to such list if no adverse determinations are made. Provides for delay of promotion for: (1) mental, physical, moral, or professional reasons (including provisions for written notice of the grounds for such action, an opportunity for a written response, and time limitations for promotion delays and final actions concerning such delays); (2) compliance with military end-strength limitations; and (3) voluntary delays of up to three years. Authorizes the President to vacate the promotion of an officer to the grade of brigadier general or rear admiral (lower half) if the officer has served less than 18 months in that grade after promotion to that grade. Provides the grades to be held by such officers whose promotions are so vacated. Provides for the promotion of an eligible officer to a vacant position if specified conditions are met. Provides for the promotion of officers in the Army National Guard and Air National Guard, and Federal recognition of such appointment. Declares ineligible for promotion an officer who is transferred to an inactive status after having been recommended for promotion under provisions of this Act. Requires an officer who is on a promotion list and who is placed on an active duty list before being promoted to be promoted even though the officer is on the active duty list at the time of promotion. Outlines various other promotion procedures for officers in transition to and from the reserve active status list or the active duty list. Provides that a reserve officer below the grade of colonel, or captain in the Naval Reserve, who is eligible for promotion but either is not selected for, or declines the offer of, a promotion shall be considered to have failed selection for promotion. Outlines other instances in which an officer shall be considered to have failed selection for promotion. Directs the Secretary concerned to convene a special selection board in the case of an officer who was: (1) not considered for promotion because of administrative error; and (2) eligible for promotion, considered, but not selected because the action of the first selection board was contrary to law or contained material or administrative error or because such board lacked material information. Requires: (1) time limits for application for consideration by a special selection board; and (2) each such board convened to submit a written report. Provides for promotion of an officer recommended for promotion in a report by the special selection board which is approved by the President. Prohibits any official or court of the United States from having jurisdiction over any claim based on the failure of an officer to be selected for promotion until the claim has been acted upon by a special selection board. Permits a court to review a decision by the Secretary concerned not to convene a special selection board. Authorizes a court to remand a case to the Secretary concerned under certain circumstances. Authorizes the Secretary concerned to discharge an officer on the reserve active status list who: (1) has less than five years of service in an active status as a commissioned officer; or (2) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the next higher grade. Provides for the separation from service of various officers in the reserve component of the armed forces who fail for the second time to be selected for promotion to the next higher grade. Provides for the removal from the reserve active status list of lieutenant colonels, colonels, commanders, and captains in the reserve due to the completion of specified years of commissioned service. Provides for the separation from service at age 60 of certain reserve officers below the rank of brigadier general or rear admiral (lower half). Provides for the continuation of selected officers on the reserve active status list for a total specified number of years of service which varies depending upon the rank of such officer. Requires such continuation to be accomplished through a continuation selection board subject to the Secretary concerned. Authorizes the Secretary concerned to retain on the reserve active status list certain reserve officers until age 60. Authorizes the Secretary concerned to exercise selective early removal from the reserve active status list due to excess manpower in such reserve officer category. Provides for the separation from service of chaplains due to the loss of professional qualifications. Authorizes the Secretary of the military department concerned, at any time, to convene a board of officers for the purpose of determining whether such officer should be removed for substandard performance or certain other reasons (such as misconduct, or moral or professional dereliction). Provides for the reenlistment at the same enlisted status into the Regular Army or Regular Air Force of a former enlisted member, who has, since discharge, served on active duty as a reserve officer in the Army, upon specified conditions. Authorizes the Secretary of the Army to furnish the name of any officer of the Army Reserve who is assigned the duties of a general officer of the next higher service grade to a selection board for consideration for promotion to that grade. Repeals Federal law requiring: (1) officers of the Army National Guard or Army reserve who are not promoted to first lieutenant upon or before three years of service to be discharged from their reserve appointment; and (2) separation, retirement, or discharge of reserve officers below the grade of brigadier general upon their attaining age 60. Authorizes the Secretaries of the Army and Air Force to retain on the reserve active duty status list until age 60 certain officers employed as National Guard or reserve technicians whose active status in a reserve component is required as a condition of such employment. Repeals specified provisions of Federlal law relating to promotions of officers on the reserve active status list for each of the armed forces. Directs that each officer who is promoted to fill a vacancy in a federally recognized unit of the National Guard shall be examined for Federal recognition in the grade to which the officer is promoted. Extends automatic Federal recognition to officers in the National Guard or Reserve being promoted to a grade above first lieutenant, under certain conditions. Title II: Appointments - Authorizes any former commissioned officer of an armed force to be appointed as an officer in a reserve component of that armed force and placed on the reserve active status list at the rank of the highest rank achieved while on active duty or in an active status. Requires appointments of reserve officers in commissioned grades of lieutenant colonel or commander or below, except commissioned warrant officers, to be made by the President alone. Authorizes active-service credit for officers being appointed to reserve commissioned officer positions. Specifies various types of prior education, training, or experience for which credit shall be given for constructive service to reserve commissioned officers in achieving such skills. Prohibits such constructive service from being credited for education, training, or experience obtained while serving as a commissioned officer on active duty or in an active status, with limited exceptions. Authorizes the Secretary concerned to award constructive service to aspiring judge advocates receiving an original appointment in a reserve component if the Secretary of Defense determines that there is a critical shortage of judge advocates serving in an active status in a reserve component of the armed forces. Outlines provisions concerning the computation of an officer's years of service for purpose of determining whether a reserve commissioned officer may be transferred to the Retired Reserve or discharged. Repeals specified Federal provisions concerning service credit and appointments as reserve officers in the Army, Navy, Marine Corps, and Air Force. Title III: Retirement and Separation - Provides for the determination of a reserve commissioned officer's grade upon transfer to the Retired Reserve to make such retired grade the highest grade served satisfactorily on the reserve active status list for specified periods of time (depending upon the rank involved). Makes conforming amendments for the computation of retired pay for such officers. Outlines administrative provisions relating to the mandatory removal and separation of reserve officers from the reserve active status list for various reasons, including age, years of service, and failure of promotion. Title IV: Strength and Distribution in Grade - Specifies the authorized strength of reserve commissioned officers on the reserve active status list in the Army and Air Force. Authorizes a higher strength, or a suspension of the authorized strength, in time of war, national emergencies, or certain other circumstances. Specifies the authorized strength of reserve general officers on the reserve active status list in the Army and Air Force. Authorizes the suspension of such limitation in time of war or national emergency. Authorizes a similar suspension of the operation of any authorized strength limitation on commissioned officers in: (1) grades below brigadier general on the reserve active status list in the Army and Air Force; and (2) the reserve active status list in grades above chief warrant officer, W-4, in the Naval Reserve and Marine Corps Reserve.
United States · United States Congress · 22 December 1987
Amends Federal law to prohibit the Secretary of Transportation from approving State highway safety programs that do not provide for a uniform system for handicapped parking to promote safety. Details the criteria for such a system. Reduces by two percent the amounts that would otherwise be apportioned to a State if it fails either to obtain approval for such a system or to implement it.
United States · United States Congress · 18 December 1987
Worker's Option Act of 1988 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to phase out, by 1993, the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Increases the delayed retirement credit rate for individuals who work beyond retirement age. Phases out the recomputation of an individual's primary insurance amount when such individual has wages or self-employment income after entitlement to old-age or disability insurance benefits. Charges off an individual's excess earnings by eliminating such individual's entitlement to retroactive OASDI benefits for months preceding such individual's attainment of retirement age. Authorizes the appropriation of revenues received by reason of this Act's amendments to the Federal Old-Age and Survivors Insurance Trust Fund from 1989 through 1993.
United States · United States Congress · 17 December 1987
Requires the Office of Personnel Management to report, with recommendations, to the Congress on the problem of delays in processing applications for benefits under the Civil Service Retirement System. Directs the Office to examine: (1) current methods and procedures; (2) circumstances where it might be appropriate to provide interim benefits; (3) the feasibility of processing records, forms, and other matters in anticipation of an employee's retirement; and (4) the effectiveness of retirement counselors. Requires the report to contain a plan to allow an individual to go from regular pay to retirement or disability retirement pay without interruption.
United States · United States Congress · 15 December 1987
Amends the Federal Aviation Act of 1958 to grant: (1) air passenger customers of off-airport operators access rights to courtesy vehicles provided by such operators; and (2) off-airport operators access rights over airport roadways to public passenger pickup and discharge areas. Authorizes airport operators to charge fees to off-airport operators for the business use of air terminal facilities. Authorizes persons aggrieved by a violation of this Act to bring a civil action in court.
United States · United States Congress · 10 December 1987
Designates January 28, 1988, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 8 December 1987
Amends the Internal Revenue Code with respect to the targeted jobs income tax credit. Extends the credit to employees who begin work in 1989 through 1991. (Current law terminates the credit for employees who begin work after December 31, 1988.) Includes as a targeted group individuals aged 65 or older who are members of economically disadvantaged families. Revises the minimum employment period requirement for purposes of this credit.
United States · United States Congress · 8 December 1987
Great Lakes Pollutant Discharge Inventory Act - Directs the Under Secretary for Oceans and Atmosphere, Department of Commerce, to inventory the categories and quantities of pollutants entering the Great Lakes during a two year period. Lists the categories of pollutants and sources of pollution that must be included in such inventory. Authorizes agreement with Canada to obtain pollutant information. Requires that such inventory be made public upon completion. Authorizes appropriations for FY 1988 and 1989.
United States · United States Congress · 8 December 1987
Expresses the sense of the Congress that, in celebration of the millennium of the Christianization of Kievan-Rus', the Soviet Union should: (1) comply with its international obligations and allow Christians to practice their faith without harassment; (2) grant a general amnesty for all Christians who have been imprisoned because of their religious beliefs; (3) allow religious believers to practice their faith freely; (4) permit unlimited publication, distribution, and importation of religious materials; and (5) allow closed churches to reopen, new churches to be built, and theological seminaries to open or expand.
United States · United States Congress · 10 November 1987
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize the Secretary of Commerce to recover in a civil action damages for the destruction of or injuries caused to national marine sanctuary resources. Requires that recovered monies be used to restore or manage such resources.
United States · United States Congress · 15 October 1987
Designates March 18, 1988, as National Energy Education Day to promote and enhance energy education programs at all grade levels of public and private schools.
United States · United States Congress · 14 October 1987
Redefines "eligible veterans" for purposes of determining eligibility as a Vietnam veteran for educational assistance to include any individual who had commenced the third academic year as a cadet or midshipman at one of the service academies before January 1, 1977, if the individual: (1) graduated from such academy; (2) served on active duty for more than 180 days after graduation; and (3) was discharged or released from active duty under conditions other than dishonorable. Sets forth provisions governing the transition to such educational assistance program for veterans enrolled in the educational assistance program for post-Vietnam era veterans. Requires an eligible veteran electing to make such transition to file such election with the Veterans Administration before the expiration of the G.I. Bill.
United States · United States Congress · 13 October 1987
Department of Veterans Affairs Act - Redesignates the Veterans Administration (VA) as the Department of Veterans Affairs (the Department), an executive department within the executive branch of the Government. Provides that the Department shall be headed by the Secretary of Veterans Affairs, to be appointed by the President, by and with the advice and consent of the Senate. Designates as other principal officers of the Department the Deputy Secretary, the Chief Medical Director, and the Chief Benefits Director. Provides for the temporary continuation of service of the current Administrator, Deputy Administrator, Chief Medical Director, and Chief Benefits Director of Veterans Affairs. Establishes within the Department eight Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, to perform such functions as the Secretary may prescribe. Directs the Secretary to assign to one such Assistant Secretary all functions regarding the National Cemetery System and the State cemetery grant program. Outlines functions which the Secretary shall assign to the Assistant Secretaries. Provides for the temporary continuation of the performance of such functions by present personnel until such functions are assigned to an individual appointed as Assistant Secretary under this Act. Redesignates the current VA's Department of Medicine and Surgery as the Veterans Health Services Administration of the Department. Redesignates the VA's current Department of Veterans Benefits as the Veterans Benefits Administration of the Department, whose primary function shall be to administer nonmedical programs which provide assistance to veterans, their dependents, and their survivors. Establishes within the Department the Office of the General Counsel. Redesignates the current Office of Inspector General of the VA as the Office of Inspector General of the Department. Provides that any references to departments or positions under the current VA system shall be considered to be references to such departments and positions of the Department as modified under this Act. Provides continuing effect of all legal documents, suits, actions, and property and resources of the current VA. Directs the Secretary of Veterans Affairs, after appropriate congressional consultation, to prepare and submit to the Congress proposed legislation containing technical and conforming amendments to reflect the changes made under this Act. Requires such legislation to be submitted no later than six months after the enactment of this Act. Provides that any spending authority of the Department is subject to available amounts as provided in appropriation Acts.
United States · United States Congress · 8 October 1987
Medicaid Home and Community Quality Services Act of 1987 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of community and family support services for severely disabled individuals who became disabled before age 22 and are living in a family home, foster family home, or community living facility. Requires that such services be provided in accordance with a written habilitation plan developed by an interdisciplinary team on the basis of a comprehensive assessment of the individual's strengths and the services and support necessary to: (1) enable such individual to attain or retain capabilities for independence or self-care; (2) promote interaction between disabled and nondisabled individuals within the community; and (3) enable disabled individuals who are over age 18 to engage in paid employment. Increases the age at which newly disabled individuals will be eligible for this Act's coverage so that eventually individuals who become disabled between age 22 and 50 will be covered. Lists the services which may comprise community and family support services, requiring that such services include at a minimum: (1) case management services; (2) individual and family support services; (3) specialized vocational services; and (4) protective intervention services. Excludes from such services: (1) room and board, other than room and board provided for less than six consecutive weeks and less than 12 weeks per year; (2) cash payments as a service; (3) aversive behavior intervention, management, or therapies; (4) services provided to a disabled individual living in a hospital, or skilled nursing or intermediate care facility; (5) educational services which the State makes generally available to its residents without cost and without regard to their income; and (6) services for which payment is made under title XVIII (Medicare), or part A (Aid to Families with Dependent Children) or B (Child Welfare Services) of title IV of the Act. Requires each State to make certain assurances regarding their provision of community and family support services and submit an implementation strategy to the Secretary of Health and Human Services. Requires that such implementation strategies: (1) describe the extent and scope of community and family support services provided to the severely disabled and the extent and scope of services provided to the severely disabled who are institutionalized; (2) set forth the objectives and a five-year strategy for expanding community and family support services for the severely disabled; (3) include certain procedures for transferring severely disabled, institutionalized individuals to family homes, foster family homes, or community living facilities; (4) set forth standards for the provision of community and family support services and a program for licensing and certifying all facilities and programs providing such services; (5) provide for assessments of the provision and affect of community and family support services and the correction of service deficiencies; (6) provide the public with an adequate opportunity to comment on the strategies; (7) set forth methods ensuring that the personnel providing community and family support services receive adequate training and are competent to provide such services; (8) provide that the State has in effect a management information system capable of collecting, storing, and retrieving data on the severely disabled who receive community and family support services; (9) provide an opportunity for an appeal and hearing before a hearing officer to individuals who believe themselves to be inappropriately served or denied an appropriate service, or who are being scheduled for an involuntary transfer from one living arrangement to another; (10) describe the methods to be used in administering community and family support services; and (11) set forth procedures to protect the interests of public employees who will be affected by the transfer of the severely disabled from public institutions. Allows States to provide any new community and family support service for up to three years without meeting the Medicaid requirements that they provide a service on a statewide basis and that the service be comparable in all parts of the State. Requires that intermediate care facility services for the mentally retarded include the ascertainment of the individual needs of each newly admitted individual by an interdisciplinary team within 30 days and the development of a written habilitation plan for each individual. Limits Medicaid payments to States for skilled nursing and intermediate care facility services furnished to individuals under age 65 who became disabled before age 22 to the amount payable for such services in the fiscal year ending after the enactment of this Act, increased if and by the extent to which the percentage increase in the consumer price index exceeds six percent. Makes such limitation inapplicable to facilities which have less than 16 beds or meet the size and location requirements for a community living facility. Requires States to have in effect a system to protect and advocate those rights of the severely disabled who are eligible for medical assistance which relate to the provision of such assistance. Provides Federal Medicaid matching funds for such system. Gives individuals who are adversely affected by a violation of this Act's requirements the right to bring an action to enjoin such violation. Allows States to set payment rates for community and family support services for the severely disabled. Authorizes States to treat severely disabled individuals under age 19 who are not in a medical institution as receiving benefits under title XVI (Supplemental Security Income) (SSI) of the Act for Medicaid eligibility purposes if they would be eligible for SSI benefits if institutionalized. Requires States to establish a uniform income standard for the severely disabled regardless of whether or not they are in a medical institution. Authorizes States to provide Medicaid coverage of disabled spouses and children who, except for the resources deemed to them, would be eligible for SSI benefits. Removes certain limitations on the Secretary's approval of reduction and correction plans for deficient intermediate care facilities for the mentally retarded. Makes individuals who are severely disabled and receiving or deemed to be receiving SSI benefits eligible for Medicaid as long as such qualifications continue to be satisfied. Directs the Secretary to establish, within the Health Care Financing Administration, a Bureau of Developmental Disabilities Services responsible for administering Medicaid programs for the severely disabled. Requires the Secretary to: (1) develop standards and a program for training Federal and State personnel who perform surveys of skilled nursing and intermediate care facilities to determine whether such facilities meet Medicaid participation requirements; and (2) periodically conduct studies of the reliability of such surveys and make the changes necessary to improve such reliability. Directs the Secretary to support the development of: (1) instruments to assess outcomes in the provision of this Act's services; and (2) competency-based personnel standards for agencies and organizations providing services to the severely disabled pursuant to this Act. Requires the Secretary to: (1) conduct an annual assessment of each State's compliance with this Act's requirements; and (2) issue final regulations regarding this Act's amendments prior to the first fiscal year beginning after this Act's enactment. Sets forth reporting requirements.
United States · United States Congress · 8 October 1987
Expresses the sense of the Congress that it opposes efforts to pass Federal or State legislation allowing people to assist others to commit suicide or to promote suicide as a rational solution to certain problems.
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 · 23 September 1987
Declares that the Congress: (1) expresses its solidarity with the citizens of Iran and extends its wish that the people of Iran will soon enjoy an end to the Iran-Iraq war and to internal repression; (2) supports an official U. S. policy of completely halting the shipment of arms to the Government of Iran; (3) urges the President to cooperate with the United Nations to bring about an end to government-sponsored torture in Iranian prisons and to pressure Iran to permit inspection of Iranian prisons by an international delegation; and (4) expresses support for all efforts made through the U.N. Security Council to pressure the Khomeini Government to end the Iran-Iraq war.
United States · United States Congress · 16 September 1987
Seminole Indian Land Claims Settlement Act of 1987 - Prohibits the approval of certain prior transfers and the extinguishing of certain claims and aboriginal title involving the Seminole Tribe of Indians of Florida until the later of: (1) 180 days after the date of enactment of this Act; or (2) the time when the Secretary of the Interior has made required findings regarding the payment of settlement funds, the State has enacted legislation to implement the Settlement Agreement, and certain waivers have been given. Requires the Secretary, if he finds that the State of Florida and the South Florida Water Management District have satisfied the conditions for the payment of settlement funds, to publish such findings and the Settlement Agreement in the Federal Register. Provides that upon such publication: (1) the Tribe's commitments shall become effective; and (2) the Tribe's land and resource transfers shall be deemed constitutional. Provides that the Congress approves the Settlement Agreement as of the date of enactment of this Act. Extinguishes all aboriginal Seminole land claims in Florida and any claims arising from any interest in or right involving such lands or natural resources transferred. Leaves unaffected the claim of any individual Indian not derived through the Tribe. Authorizes an individual Indian or non-Seminole Tribe of Florida claiming a loss of property by the provisions of this Act to file an action in the U.S. District Court for the Southern District of Florida within 180 days after the Secretary makes the required findings regarding the payment of settlement funds and the enactment of legislation to implement the Settlement Agreement. Limits the remedy in such action to a proportionate share of a specified appropriation. Directs the Secretary to hold in trust for the Tribe a reservation consisting of specified land. Requires the Secretary, within two years of the date of enactment of this Act, to: (1) take a cadastral survey of Seminole Federal reservations in Florida; and (2) publish the correct legal descriptions. Requires the Secretary, if the parties agree, to accept the transfer of such lands. Provides for State jurisdiction over the transferred lands unless the State retrocedes jurisdiction to the Tribe. Applies Florida's statutes on alcoholic beverages, cigarettes, and gambling to the transferred lands. Provides that the compact defining the scope of Seminole water rights shall have the force of Federal law. Bars any action to challenge the constitutionality of this Act unless it is filed within 180 days after the enactment of this Act. Vests in the U.S. District Court for the Southern District of Florida exclusive jurisdiction over such actions. Provides that, if the Settlement Agreement is ever invalidated: (1) the actions by the State or the Water District in the Settlement Agreement shall no longer be in effect; (2) the Tribe will be released from its commitments under the Settlement Agreement; and (3) the approvals of prior transfers and extinguishment of claims and aboriginal title shall be void.
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.
![Official portrait of Rep. Hutto, Earl [D-FL-1]](https://www.congress.gov/img/member/614392eda14fdfa465b6134131323bf2_200.jpg)