United States · United States Congress · 19 February 1987
Fair Housing Amendments Act of 1987 - Amends specified Acts to rename them the Civil Rights Act of 1968 and the Fair Housing Act. Amends the Fair Housing Act to make it unlawful to: (1) refuse to sell or rent a dwelling to an individual because that individual, or someone associated with that individual, is handicapped; (2) discriminate against a handicapped individual in the conditions of sale or rental, or in the provision of a related service or facility; (3) refuse to permit reasonable modifications, at the expense of the handicapped person, to permit access to the premises; or (4) refuse to make reasonable accommodations in rules, policies, or services to afford handicapped individuals equal use and enjoyment of a dwelling. Makes it unlawful for anyone engaged in residential real estate-related transactions to discriminate in the provision or terms of a transaction because of race, color, religion, sex, handicap, familial status, or national origin. States that nothing in this Act limits the applicability of any reasonable local, State, or Federal restrictions on the maximum number of occupants permitted to occupy a dwelling unit. States that nothing in this Act regarding familial status applies to any State or Federal program aimed at assisting the elderly. Establishes new administrative enforcement authority in addition to existing enforcement provisions. Directs the Secretary of Housing and Urban Development to transmit an annual report to the Congress on the progress made in eliminating discriminatory housing practices. Allows an aggrieved person to file a complaint with the Secretary alleging a discriminatory housing practice. Allows the Secretary to file such a complaint on his or her own initiative or investigate a housing practice to determine whether such a complaint should be brought. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary to refer matters to the Attorney General, recommending that civil actions be filed, where a respondent has failed to comply with conciliation agreements. Allows the Secretary to refer matters to the Attorney General for prompt judicial action when necessary. Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use control, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits criminal penalties of up to a $100,000 fine and/or imprisonment for not more than one year for noncompliance with subpoenas or other lawful orders. Permits the administrative law judge to award appropriate relief, including punitive damages. Permits the filing of a petition for review of a final order in an appropriate court of appeals within 30 days of service of such order. Permits any prevailing party to be awarded reasonable attorney's fees. Makes certain revisions in the private right of action for aggrieved persons. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Allows the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to fair housing rights has occurred. Permits the Attorney General to commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Describes the types of relief which may be granted in civil actions under such Act.
United States · United States Congress · 18 February 1987
Immigration Exclusion and Deportation Amendments of 1987 - Amends the Immigration and Nationality Act to make only the following classes of aliens ineligible to receive visas and be permitted admission into the United States: (1) any alien with a communicable disease of public health significance; (2) any alien with a record of behavior or mental impairment that poses a threat to property or safety; (3) any alien convicted of a crime involving moral turpitude, with specified exceptions; (4) any alien convicted of two or more offenses for which the aggregate sentences actually imposed were five years or more; (5) any alien convicted of specified drug violations; (6) any alien who has engaged in terrorist activity; (7) any alien who participated in Nazi persecutions; (8) any alien deemed by the Attorney General as a probable security risk for certain specified reasons, including terrorist activity; (9) any alien who is likely to become a public economic burden; (10) any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor, with certain qualified exceptions; (11) any alien who is a graduate of a medical school not accredited by a body approved for such purpose by the Secretary of Education, with certain exceptions; (12) any excluded or deported alien who seeks readmission within one year of the event, unless such readmission is consented to by the Attorney General; (13) any alien seeking to enter the United States by fraud or the willful misrepresentation of a material fact; (14) any stowaway alien; (15) any alien who aids any other alien in illegal entry; (16) any immigrant not in possession of a valid immigrant visa and passport at the time of admission; (17) any nonimmigrant not in possession of a valid passport authorizing the alien to return to the country from which he or she came; (18) any alien ineligible for U.S. citizenship, including a person who left or remained outside the United States to avoid U.S. military service in time of war or national emergency; and (19) any alien who is a narcotic drug addict. Repeals the ideological grounds for exclusion. Permits a U.S. citizen or permanent resident denied an opportunity to meet with or hear in person an alien excluded from the United States on security grounds to seek judicial review of such denial in U.S. district court. Repeals provisions dealing with bond and conditions for admission for permanent residence for retarded, tubercular, and mentally ill aliens. Makes deportable by the Attorney General only those aliens within one of the following classes: (1) any alien who at the time of entry was within one or more of the classes of aliens excludable by then existing law; (2) any alien entering the United States without inspection or at a time and place other than as designated by the Attorney General; (3) any alien admitted as a nonimmigrant who has failed to maintain such status; (4) any alien admitted as a temporary agricultural worker (H-2A visa) whose status has been terminated (with family hardship exceptions); (5) any alien who within five years of entry knowingly and for gain has aided another alien to illegally enter the United States; (6) any alien admitted as an additional special agricultural worker who fails to show the necessary number of seasonal work days; (7) any alien convicted of a crime involving moral turpitude committed within five years from the date of entry and who is either sentenced or confined for a term of one year or longer; (8) any alien who at any time after entry is convicted of two or more crimes involving moral turpitude; (9) any alien who at any time after entry is convicted of a violation of certain drug laws; (10) any alien who is a narcotic drug addict; (11) any alien who at any time after entry is convicted under weapons-possession laws; (12) any alien who at any time is convicted on any of various specified loyalty laws (e.g. sabotage, treason and sedition, selective service, etc.); (13) any alien who fails to comply with alien registration laws or foreign agent registration laws; (14) any alien convicted of fraud or misuse of visas or other entry documents; (15) any alien engaging in activity which endangers the public safety or national security, including terrorist activity; (16) any alien who within five years after entry has become a public economic burden; (17) any alien who has engaged in terrorist activity; or (18) any alien who participated in Nazi persecutions.
United States · United States Congress · 18 February 1987
Economic Dislocation and Worker Adjustment Assistance Act - Amends title III (Employment and Training Assistance for Dislocated Workers) of the Job Training Partnership Act to establish a Dislocated Worker Unit in the Department of Labor, which shall be responsible for the administration and supervision of the programs established under such title. Sets forth provisions for State delivery of dislocated worker services. Requires State Governors to submit to the Secretary of Labor, on a biennial basis, a State plan describing in detail the programs and activities that will be assisted with funds provided under such title. Requires the Governor to create or designate an identifiable State dislocated worker unit or office with the capability to respond rapidly, on site, to plant closings and mass layoffs. Requires the State unit to make appropriate training and reemployment assistance available to eligible dislocated workers through the use of rapid response teams or through service delivery offices or other appropriate organizations. Sets forth other requirements for the State plan and the State unit. Permits funds allocated to States under this Act to be used to: (1) provide plant-specific adjustment assistance; (2) deliver, coordinate, and integrate normal labor market services; (3) identify and correct the basic educational deficiencies of dislocated workers; (4) provide vocational and on-the-job training; (5) provide income support; and (6) for FY 1988 and 1989, continue to provide any program,activity, or service that was provided under title III before the enactment of this Act. Directs the Secretary of Labor, from funds appropriated for title III, to reserve 30 percent for demonstration, exemplary, and model programs and to allocate 70 percent among the States on the basis of: (1) number of unemployed individuals; (2) excess number of unemployed individuals; and (3) number of individuals who have been unemployed for 15 weeks or more. (Provides that 25 percent of such 70 percent allotment be made on the basis of number of workers displaced by plant closings or mass layoffs in the most recent period for which satisfactory data are available.) Directs the Secretary to promulgate standards for the conduct and evaluation of programs under title III, including a standard to encourage the establishment of worker adjustment committees. Prohibits States from providing more than 50 percent of the operating cost of such committees. Sets forth provisions for State tripartite advisory committees, made up of representatives of labor, business, and public or private nonprofit agencies. Requires such committees to review the programs and activities conducted under title III and the biennial State plans. Establishes a National Tripartite Advisory Committee, composed of representatives of business, labor, and public or private nonprofit agencies. Directs the Committee to review programs under title III and report annually to the Secretary and the Congress. Directs the Secretary to provide for an annual evaluation of the title III program, which measures success in placing dislocated workers in unsubsidized employment. Directs the Secretary to submit to the Congress a report on the activities of the Dislocated Worker Unit, as part of the annual report of the Department of Labor. Sets forth provisions for demonstration, exemplary, and model programs. Provides that, from amounts reserved for such programs: (1) up to 20 percent shall be available for grants for training loan demonstration programs; (2) up to 20 percent shall be available for grants for public works employment demonstration programs; and (3) the remaining percent, which shall be at least 70 percent, shall be available for providing training, retraining, job search assistance, placement, relocation assistance, and other aid to individuals who are affected by mass layoffs, natural disasters, and Federal Government actions (such as relocation of Federal facilities), or who reside in areas of high unemployment. Provides for a dislocated workers training loan demonstration program. Directs the Secretary to allocate amounts reserved for such program among communities having the largest number of dislocated workers. Provides for such programs in at least five but not more than ten such communities. Authorizes the Secretary to either directly conduct such demonstration programs or to enter into agreements with State dislocated workers units or State or local for agreements for dislocated workers direct loan funds. public agencies or nonprofit private organizations. Sets forth provisions Provides that such loans, up to $5,000 per worker, may be used for: (1) vocational and and on-the-job training; (2) basic education and literacy instruction; (3) relocation expenses; and (4) child care services. Requires the Secretary to provide for evaluation of the direct loan approach and to report to the Congress by October 1, 1989. Provides for a public works employment demonstration program. Directs the Secretary to allocate amounts reserved for such program among cities and counties: (1) which are geographically diverse; (2) which represent urban and rural areas; and (3) for which the unemployment rate for the last six months exceeded the national average by at least two percent. Provides for such programs in at least five but not more than ten cities or countries. Makes an individual eligible to participate in such public works employment demonstration projects if the individual: (1) is an eligible dislocated worker who has been unemployed for at least 15 weeks; (2) has been unemployed or without steady employment for two years; or (3) is a recipient of aid to families with dependent children for at least two years. Requires each participant to be tested for basic reading and writing competence by the private industry council prior to employment by an assisted job project. Provides for counseling and instruction to be given to those who fail such tests. Requires each participant to have received a secondary school diploma or its equivalent, or maintain satisfactory progress toward such a diploma. Requires the private industry council to select the job projects to be assisted. Limits such employment to 32 hours per week. Sets wages at the higher of: (1) the minimum wage; or (2) the amount received in welfare or unemployment compensation, plus ten percent. Directs the private industry council for the area in which the demonstration is conducted to establish job clubs to assist eligible participants with the preparation of resumes, the development of interviewing techniques, and evaluation of individual job search activities. Directs the private industry councils to select projects which are designed to develop marketable skills and show potential for assisting participants to find jobs in the private sector. Directs the Secretary to evaluate such employment demonstration program and report to the Congress by October 1, 1989. Sets forth provisions for labor-management notification and consultation in the event of plant closings and mass layoffs. Prohibits employers from ordering a plant closing or mass layoffs until the end of a specified period after the employer notifies: (1) the employees' representative or if none, each affected employee; and (2) the State dislocated workers unit and the chief administrative officer of the local government. Prohibits an employer from ordering a plant closing or mass layoff unless the employer has met and consulted in good faith with representatives of the affected employees and the local government. Gives the employer the duty of disclosing relevant information during such consultation. Provides for protective orders to protect such information from disclosure to competitors. Makes employers who fail to notify or consult with the affected employees or their representatives liable for back pay and the cost of related benefits. Makes employers who fail to notify the State dislocated worker unit or notify and consult with the local government liable for a specified amount for each day of the violation. Makes employees or representatives of affected employees or local governments liable for violations of protective orders for the amount of financial loss suffered by the employer. Defines "employer" as any business enterprise in any State that employs: (1) 50 or more full-time employees; or (2) 50 or more employees who in the aggregate work at least 2,000 hours per week (exclusive of overtime). Defines "plant closing or mass layoff" as an employment loss for 50 or more employees of an employer at any site during any 30-day period. Expresses the sense of the Congress that employers who are not required to comply with such notice and consultation requirements should provide notice to, consult with, and disclose information to their employees about proposals to close a plant or permanently reduce its workforce. Authorizes appropriations for title III for FY 1988 and each succeeding fiscal year.
United States · United States Congress · 18 February 1987
Supports the President in seeking global measures regarding the adverse effects resulting from the release of chloroflurocarbons and other manufactured chemicals that significantly deplete the ozone layer, including negotiating an immediate international reduction in the use of chlorofluorocarbons and the expeditious elimination of fully halogenated chlorofluorocarbons and other manufacturing chemicals that may deplete the ozone layer.
United States · United States Congress · 11 February 1987
Amends Federal veterans' benefits provisions to extend indefinitely (currently ends on June 30, 1988) the required date of entry into the armed forces for eligibility for basic educational assistance entitlement for veterans (both of active-duty and Selected Reserve duty) of the All-Volunteer Force.
United States · United States Congress · 10 February 1987
Eliminates provisions of Federal law which restrict premium pay to the minimum rate of basic pay for GS-10 for Federal employees in a position in which: (1) the hours of duty cannot be controlled administratively; (2) a substantial amount of irregular, unscheduled overtime is required; and (3) the employee is generally responsible for recognizing circumstances which require the employee to remain on duty.
United States · United States Congress · 9 February 1987
Amends the National Housing Act to limit the fees that may be charged by the Government National Mortgage Association for the guaranty of mortgage-backed securities. Requires the Secretary of Housing and Urban Development to certify to the Congress that any proposed fee increase is solely for specified permitted purposes.
United States · United States Congress · 5 February 1987
Designates August 12, 1988, as National Civil Rights Day and requests the President to issue a proclamation calling for the ringing of church bells during a moment of silence.
United States · United States Congress · 4 February 1987
Public Safety Officers' Death Benefits Amendments of 1987 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase from $50,000 to $100,000 the benefits paid to survivors of public safety officers (law enforcement officers and fire fighters) who died as a result of injury sustained in the line of duty. Directs the Bureau of Justice Assistance to adjust public safety officer death benefits to reflect the annual change in the Consumer Price Index. Makes the date of death the determining date with respect to the amount payable to beneficiaries.
United States · United States Congress · 4 February 1987
Amends the Federal criminal code to require a seven-day waiting period prior to the sale, delivery, or transfer of a handgun (during which time a sworn statement is sent to the chief law enforcement officer of the transferee's place of residence providing notice of the proposed transaction). Authorizes an alternative procedure to such requirement which permits waiving the seven-day waiting period if the transferee presents a certificate from such officer stating that access to a handgun is required because of threats to the transferee's life. Sets forth: (1) certain reporting and recordkeeping requirements; and (2) criminal penalties for violations of this Act.
United States · United States Congress · 4 February 1987
Excellence in Minority Health Education and Care Act - Amends the Public Health Service Act to empower the Secretary of Health and Human Services to make grants to: (1) Meharry Medical College, Nashville, Tennessee; (2) Xavier University College of Pharmacy, New Orleans, Louisiana; (3) Tuskegee University School of Veterinary Medicine, Tuskegee, Alabama; and (4) Meharry College of Dentistry, Nashville, Tennessee. Requires each institution to use such grants to establish, in the pertinent health care discipline, a Center of Excellence, which shall: (1) improve the recruitment of minority students and high calibre minority faculty to the institution; (2) develop effective techniques for training minorities who will serve minority populations; and (3) establish scholarship programs to attract promising individuals to the Center's programs. Sets forth additional uses for the grants to the institutions, to include: (1) maintenance of a communications network to disseminate information concerning health promotion among minorities; (2) development of patient educational materials tailored to the needs of minority populations; (3) establishment of a research program focusing on the needs of minority women and teenagers; (4) study of alternative models for health care delivery systems; and (5) consultation and assistance by the recipient institutions to other medical schools to aid the latter in effecting more productive education and service programs for minority populations. Enumerates specific grant projects appropriate to the subject matter expertise of each of the four institutions eligible to receive the grants. Authorizes appropriations for FY 1988 through 1991.
United States · United States Congress · 4 February 1987
Food Irradiation Safety and Labeling Requirement Act of 1987 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations. Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation. Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated. Requires persons irradiating food to report semiannually to the Secretary.
United States · United States Congress · 3 February 1987
Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct 500,000 new public housing units during each of FY 1988 through 1997. Directs the Secretary to: (1) make grants to public housing agencies (PHAs); and (2) enter into contracts with (PHAs) for annual contributions. Limits the aggregate amount of fiscal year budget authority obligated under such contracts. Bases the formula for such amounts on the consumer price index for FY 1989 through 1997. Authorizes FY 1988 through 1997 appropriations. Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be demolished or disposed of. Increases annually the aggregate amount of contract budget authority necessary to revitalize 100,000 public housing units in each of FY 1988 through 1997. Prohibits the Secretary from approving a PHA project demolition application. (Currently such approval is permitted if the Secretary makes specified determinations.) Requires PHAs to carry out job training and employment programs in connection with certain housing construction and revitalization projects. Gives program participation preference to housing residents. Establishes in the Treasury the National Housing Trust Fund. Reduces lower income rent contribution amounts under the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Housing and Urban Development Act of 1965, and the Housing and Urban-Rural Recovery Act of 1983. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations. Directs the Secretary to submit to the Congress a comprehensive report concerning proposed limitations on Federal housing assistance to ensure that Federal housing and assistance funds benefit only lower income families.
United States · United States Congress · 3 February 1987
Family and Medical Leave Act of 1987 - Title I: General Requirements for Family Leave and Medical Leave - Makes rights provided under this title inapplicable to employees of any facility of an employer at which fewer than 15 employees are employed if the combined number of employees employed by the employer within 200 miles of the facility is fewer than 15. Entitles employees to family leave for specified periods in cases involving the birth, adoption, or serious health condition of a child or the serious health condition of a parent. Entitles employees to temporary medical leave for specified periods in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for injunctive relief, monetary relief, and attorneys' fees. Requires employers to post notice of the pertinent provisions of this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Sets forth protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Paid Family and Medical Leave - Establishes the Commission on Paid Family and Medical Leave. Requires the Commission to report on its study of paid family and medical leave to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act.
United States · United States Congress · 3 February 1987
Federal Oil and Gas Leasing Amendments Act of 1986 - Amends the Mineral Leasing Act of 1920 to authorize the Secretary of the Interior (the Secretary), or the Secretary of Agriculture in the case of public domain National Forest System lands, to lease onshore Federal lands for oil and gas development by competitive bidding if the appropriate Secretary determines such lands to be suitable for such development. Increases land units for development from 640 acres to 2,560 acres. Requires the Secretary to: (1) invite public nomination of areas favorable for oil and gas discovery at least once each calendar quarter; (2) automatically offer to lease any area receiving two or more such public nominations if the Secretary has determined such areas to be available and suitable for leasing; (3) hold competitive oil and gas lease sales on a quarterly basis; and (4) issue a lease to the highest responsible qualified bidder. Authorizes the Secretary to extend the initial five-year lease term of a non-producing oil or gas lease only upon finding that the lessee could not adequately explore during the initial lease term due to certain circumstances not attributable to the lessee. Requires an extension application to include an exploration plan. Limits total extensions to five years. Proscribes guidelines for rentals and royalties. Requires the Secretary to: (1) report periodically to the Congress regarding fees, rentals, and royalty payments; (2) notify the appropriate State Governor and the general public of scheduled lease offerings and of the scheduled approval of lease development activities; (3) regulate all surface-disturbing operations conducted under a lease; and (4) determine surface-resources conservation activities. Conditions the granting of a drilling permit on an oil or gas lease upon: (1) the Secretary's approval of an operations plan covering all surface-disturbing activities; and (2) the posting of sufficient bond by the lessee to ensure reclamation of surface disturbing activities. Prohibits the Secretary from issuing any lease on national forest lands without the approval of the Secretary of Agriculture. Conditions the issuance of oil and gas leases on public lands (or public domain national forest lands) upon evaluation and approval of such leases in a land use plan meeting specified environmental requirements. Proscribes the issuance of oil and gas leases upon specified wilderness study lands. Authorizes either Secretary to issue permits for prospecting, seismic surveys, and core sampling not requiring road construction or improvements, if such activity is conducted in a manner compatible with the preservation of the wilderness environment. Prohibits the use of explosives in designated wilderness areas. Requires an exploration license for the commercial exploration of oil and gas on lands subject to this Act. Sets forth a one-year term for such license. Provides that exploration licenses for lands under the jurisdiction of other Federal agencies may only be issued by the Secretary upon such conditions as the surface management agency may prescribe regarding the use and protection of the nonmineral interest in those lands. Imposes a fine for commercial oil and gas exploration without a commercial exploration license.
United States · United States Congress · 28 January 1987
Amends the Tax Reform Act of 1986 to delay until December 31, 1988 (currently, December 31, 1986) the exception for certain technical personnel from certain rules for determining whether an individual is an employee or independent contractor for employment tax purposes.
United States · United States Congress · 27 January 1987
Kangaroo Protection Act - Provides that any administrative exception made under the Endangered Species Act of 1973 permitting the importation of kangaroos, their parts, and products shall not apply to kangaroos removed from the wild in accordance with an Australian management plan.
United States · United States Congress · 22 January 1987
Amends Federal military personnel provisions to exempt retired members of the armed forces who are called to active, full-time duty with the American Battle Monuments Commission from certain number and grade limitations on officers of the armed forces.
United States · United States Congress · 21 January 1987
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify a claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one, a new intermediate-level adjudication process; the other, an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 21 January 1987
Civil Rights Amendments Act of 1987 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.
United States · United States Congress · 21 January 1987
Breast Cancer Treatment Informed Consent Act - Requires any State receiving funds under titles V (Maternal and Child Health Block Grant) or XIX (Medicaid) of the Social Security Act or under the preventive health service provisions of the Public Health Service Act to require any physician or surgeon licensed to practice medicine in such State to inform any breast cancer patient of alternative methods of treatment for breast cancer before such treatment is begun. Requires that the patients be informed by means of: (1) a standardized written summary in layman's language and in a language understood by the patient of alternative methods of treatment; and (2) an explanation of the treatment options described in such written summary together with the risks associated with each procedure relative to each patient's particular medical circumstances.
United States · United States Congress · 21 January 1987
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permit each individual enrolled under part B to elect to be provided the benefits described in this Act. Provides that each such individual shall be deemed to have elected coverage for such benefits, unless the individual files notice to the contrary. Directs the Secretary of Health and Human Services to establish the premiums for such coverage. Sets forth the following benefits to be provided by such coverage: (1) the limitation on the length of inpatient hospital services under part A (Hospital Insurance) of title XVIII would be dropped; (2) coinsurance payments, under part A, for the first 100 days of skilled nursing coverage would be dropped; (3) coinsurance payments for part B services would be dropped; and (4) coverage for an annual preventive health care visit would be added.
United States · United States Congress · 21 January 1987
Authorizes the Alpha Phi Alpha Fraternity to establish a monument on Federal land in the District of Columbia to honor Martin Luther King, Jr. Excepts such monument from the prohibition on the construction of works commemorating individuals who have died within 25 years. Provides that U.S. funds may not be used to establish the monument.
United States · United States Congress · 21 January 1987
Amends the Internal Revenue Code to allow a refundable income tax credit for expenses incurred in the care of elderly family members. Sets such credit at 30 percent of the expenses incurred for taxpayers with incomes of $25,000 or less. Reduces the rate of such credit, but not below 20 percent, by one percent for each $2,000 of taxpayer income in excess of $25,000. Limits such credit to taxpayers with an adjusted gross income of less than $75,000. Imposes a maximum $10,000 limit on the amount of elderly care expenses that can be taken into account. Defines "qualified family member" as any individual who: (1) is related to the taxpayer by blood or marriage; (2) is at least 70 years of age, is diagnosed with senile dementia of the Alzheimer type, or is disabled; and (3) has a family income of $15,000 or less. Defines "qualified elderly care expenses" as payments for: (1) home health agency services; (2) homemaker services; (3) adult day care; (4) respite care; or (5) certain health care equipment and supplies.
United States · United States Congress · 21 January 1987
Expresses the opposition of the Congress to proposals in the FY 1988 Budget which would reduce the capacity of the Veterans Administration to provide health care to eligible veterans.
United States · United States Congress · 20 January 1987
Title I: General Accounting Office Investigation and Report - Directs the Comptroller General to: (1) within 60 days of enactment of this Act, begin an investigation concerning displaced nationals of El Salvador and Nicaragua; and (2) report to the Speaker of the House and to the President of the Senate within one year of initiating such investigation. Requires determinations to be made, with respect to displaced Salvadorans and Nicaraguans living in El Salvador, Nicaragua, Honduras, Guatemala, or Mexico of: (1) the number and location of such persons; (2) their place of origin in El Salvador or Nicaragua and the period of, and reason for, their displacement; (3) their current living conditions, with particular attention to questions of personal safety and the availability of food and medical assistance; (4) current efforts to provide such necessities; and (5) the impact of the wars in El Salvador and Nicaragua. Requires assessments to be made, in the case of Salvadorans and Nicaraguans returned from the United States to their country, of: (1) their conditions upon return, with particular attention to any human rights violations; and (2) the extent to which these persons have become displaced persons in their country. Requires the investigation, with respect to Salvadorans and Nicaraguans unlawfully in the United States, to: (1) compare the situation in El Salvador and Nicaragua with previous cases of administrative grants of extended voluntary departure under the immigration laws; (2) describe U.S. policies respecting the treatment of other aliens in the United States in similar circumstances; and (3) describe the policies of all other countries in which Salvadorans or Nicaraguans have sought refuge as those policies concern the return of such persons to their country. Title II: Congressional Review - Provides for the referral of such report to the appropriate congressional committees for committee hearings (within 90 days of continuous session after the referral of such report) and committee reports (within 270 days of continuous session after the referral of such report). Title III: Temporary Stay of Deportation - Prohibits the Attorney General from detaining or deporting aliens until the Congress completes its review of the Comptroller General's report of those aliens who: (1) are nationals of El Salvador or Nicaragua; (2) have been continuously present in the United States since before January 20, 1987; (3) are deportable on specified noncriminal grounds; and (4) have signed an agreement to voluntarily leave the United States at the end of such stay of deportation period. States that such period of stay of deportation shall not count as a period of physical presence in the United States for purposes of deportation suspension and status adjustment. States that during such stay of deportation period the alien: (1) shall not be considered to be permanently in the United States; (2) shall not be eligible for public assistance; and (3) may be deemed ineligible for public assistance by a State or any of its political subdivisions.
United States · United States Congress · 8 January 1987
Authorizes the President, on behalf of the Congress, to present a gold medal to Andrew Wyeth in recognition of his contributions to American art and culture. Authorizes appropriations. Authorizes the Secretary of the Treasury to sell bronze duplicates of the medal.
United States · United States Congress · 7 January 1987
Full Credit Card Cost Disclosure Act - Amends the Truth in Lending Act to require that all credit card applications and solicitations include information regarding the annual interest rate, finance charge conditions, and other related charges and fees. Requires such information, as prescribed by the Board of Governors of the Federal Reserve System, to be prominently displayed in table form.
United States · United States Congress · 7 January 1987
State Nuclear Safety Participation Act of 1987 - Amends the Atomic Energy Act of 1954 to authorize the States to establish and enforce standards for the protection of the public health and safety from radiological hazards of commercial and industrial production and utilization facilities. Requires that such safety standards be equal to or greater than Federal standards. Requires the Nuclear Regulatory Commission to notify States within ten miles of such a production or utilization facility that it intends to issue an operating license. Sets a 60-day deadline for such notification. Authorizes States to veto the issuance of licenses upon a written submission that the operation of such a facility would be inconsistent with the protection of the public health and safety. Prohibits the Commission from issuing an operating license unless: (1) each affected State has certified to the Commission its approval of and intention to implement emergency plans (including evacuation plans) approved by the Federal Emergency Management Agency (FEMA); (2) FEMA has notified the Commission in writing of such approval; and (3) the Commission finds that such plans adequately protect the public health and safety. Mandates the joint conduct of annual offsite emergency preparedness exercises by all States located within ten miles of such production or utilization facilities. Requires FEMA to evaluate the adequacy of such exercises, and directs the Commission to review the FEMA findings. Prohibits the Commission from granting an operating license to any facility whose emergency plans and preparedness are determined to be inadequate. Directs the Commission to report to the Congress within two years after enactment of this Act regarding the findings of a study to determine the adequacy of the emergency contingency plans of production and utilization facilities which have been issued an operating license on or before the date of enactment of this Act.
United States · United States Congress · 6 January 1987
Civil Liberties Act of 1987 - Title I: Recognition of Injustice and an Apology on Behalf of the Nation - States that the Congress recognizes that a grave injustice was done to both citizens and resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. Title II: United States Citizens of Japanese Ancestry and Resident Japanese Aliens - Requests the President to offer pardons of those convicted of violating laws during the internment period whose violation was based on a refusal to accept racially discriminatory treatment. Provides that Federal departments and agencies that review applications for restitution of positions, status, or entitlement lost during the internment period shall review such applications giving full consideration to the findings of the Commission on Wartime Relocation and Internment of Civilians. Establishes within the Treasury a Civil Liberties Public Education Fund. Authorizes appropriations for the Fund. Requires the Attorney General to pay $20,000 from the Fund to each surviving internee. Establishes a Board of Directors which shall be responsible for making disbursement from the Fund. Provides that disbursement from the Fund shall be used to: (1) sponsor research and public educational activities dealing with the internment; (2) fund studies of similar civil liberties abuses; (3) prepare and distribute hearings and findings of the Commission; and (4) promote the general welfare of the ethnic Japanese community in the United States. Title III: Aleutian and Pribilof Islands Restitution - Aleutian and Pribilof Islands Restitution Act - Establishes within the Treasury the Aleutian and Pribilof Islands Restitution Fund. Directs the Administrator of the Fund (the Aleutian/Pribilof Islands Association) to make restitution for certain Aleut losses sustained in World War II. Requires the Administrator to establish a trust of $5,000,000 and to distribute the interest of such trust for: (1) the benefit of the elderly, disabled, or seriously ill; (2) students in need of scholarship assistance; (3) preservation of Aleut cultural heritage and historical records; (4) the improvement of community centers of affected Aleut villages; and (5) other purposes to improve Aleut life. Authorizes the Administrator to rebuild and restore churches and church property damaged or destroyed in Aleut villages during World War II. Requires the Secretary of the Treasury to make payments of $12,000 from the fund to each eligible Aleut for any uncompensated personal property loss. Authorizes the Secretary of the Army to implement a program for the removal and disposal of live ammunition, obsolete buildings, abandoned machinery, and other hazardous debris remaining in populated areas of the lower Alaska Peninsula and the Aleutian Islands. Authorizes the Secretary of the Interior to convey to the Aleut Corporation all right, title, and interest of the United States in Attu Island, Alaska. Authorizes appropriations. Title IV: Miscellaneous Provisions - Provides that all documents, personal testimony, and other material collected by the Commission on Wartime Relocation and Internment of Civilians shall be deposited in the National Archives of the United States.
![Official portrait of Rep. Kennedy, Joseph P., II [D-MA-8]](https://www.congress.gov/img/member/k000110_200.jpg)