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 · 2 February 1988
Amends the Internal Revenue Code to exempt from the gasoline excise tax any sale of gasoline to a State or local government (or to a purchaser for resale to such government) for its exclusive use.
United States · United States Congress · 2 February 1988
Amends the Toxic Substances Control Act to change to November 1, 1989 (or February 1, 1990, if no regulations have been promulgated by the Administrator of the Environmental Protection Agency) the date by which a local educational agency (LEA) must submit an asbestos management plan developed pursuant to regulations under such Act to the Governor of the State. Changes to August 1, 1990, the date by which each LEA must begin the implementation of such plan. Changes to May 1, 1989, the date by which the LEA must inspect for asbestos-containing material in each school building under its authority. Changes to November 1, 1989, the date by which such LEAs must implement an operation and maintenance plan with respect to friable asbestos-containing material in school buildings. Changes to February 1, 1990, the date by which LEAs must develop an asbestos management plan for submission to the Governor of the State.
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
Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988 with respect to funds appropriated to the Federal Communications Commission (FCC). Exempts the New York Post from application of the prohibition against the use of such funds to extend the time period of current grants of temporary waivers to achieve compliance with FCC rules governing the common ownership of a daily newspaper and a television station whose primary field strength contour encompasses the same community. Extends until January 1, 1989, the waiver currently in effect with regard to the Post.
United States · United States Congress · 25 January 1988
Amends the Internal Revenue Code with respect to distributions from State or local government employee annuity plans. Excludes from the gross income of any plan participant the amount of any such distribution that represents the participant's portion of the tax-exempt interest of the plan.
United States · United States Congress · 25 January 1988
Amends Federal veterans' benefits provisions to provide for the prorating of veterans' disability compensation, dependency and indemnity compensation, or pension benefits for the month in which the death of a veteran occurs.
United States · United States Congress · 18 December 1987
1987 Amendments to the Merchant Marine Act, 1936 - Amends the Merchant Marine Act, 1936 to add liner vessels in international trade to the categories of vessels eligible for operating-differential subsidies (ODS), with limits on the routes of operation for the first three years after enactment of this Act. Makes provisions requiring a subsidy determination by the Secretary of Transportation of necessity in order to meet foreign-flag competition apply to bulk vessels. (Current provisions apply to vessels without regard to whether they are bulk vessels.) Deems liner vessels meeting certain requirements to have been built in the United States for the purposes, subject to exception, of ODS, and for the purposes of certain cargo preference provisions. Sets forth requirements regarding: (1) the content of applications for written permission to pay subsidies in connection with vessels engaging in coastwise or intercoastal trade; (2) the factors to be considered by the Secretary in a hearing on written permission; (3) the terms and conditions to be included in the permission; and (4) deadlines for a decision on applications for permission. Grants automatic approval to tug and barge services in operation as of enactment of this Act in specified geographic areas.
United States · United States Congress · 17 December 1987
Directs the Administrator of the Small Business Administration to declare the recent Long Island brown tide contamination a disaster for purposes of providing disaster assistance under the Small Business Act. Prohibits making eligibility of individual applicants for assistance dependent on: (1) the number of disaster victims in any county or other political subdivision; or (2) whether or not an applicant who normally conducts operations in the area of such contamination is otherwise situated or located in such area.
United States · United States Congress · 10 December 1987
Rail Safety Improvement Act of 1987 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1988 through 1990. Requires the Federal Railroad Administration to establish, and report to certain congressional committees regarding the results of, specified grade crossing demonstration projects. Authorizes appropriations for grade crossing safety improvements. Directs the Secretary of Transportation to implement a mandatory licensing program for railroad operators and engineers. Outlines the requirements of such program. Entitles individuals who have been denied an operator's license to an administrative hearing. Provides that an individual who has been convicted of operating a motor vehicle while under the influence of alcohol or a controlled substance will not be prohibited from holding a railroad operator's license if such individual has successfully completed a rehabilitation program established by a rail carrier or approved by the Secretary subsequent to such conviction. Mandates the use of certain automatic train control systems on all trains operating after July 1, 1990, on the main line of the Northeast Corridor between Washington, D.C., and Boston, Massachusetts. Requires the Secretary to conduct a feasibility study regarding automatic train control systems, including satellite relay and transponder systems, on rail corridors on which passengers or hazardous materials are carried. Makes it unlawful for any person (including railroad personnel) to fail to comply with any rules prescribed by the Secretary. Increases the maximum civil penalty for such violations from $2,500 to $10,000 (and $25,000 for specified violations). Authorizes the Secretary to prohibit an individual from performing safety-sensitive functions if such individual's violation of a rule, regulation, order, or standard is shown to make that individual unfit for such functions. Directs the Secretary to promulgate proscriptions against willful tampering with railroad safety or operational monitoring devices. Establishes a civil penalty for railroads operating a track with tampered or disabled monitoring devices. Directs the Secretary to: (1) report to certain congressional committees the results of an inquiry into whether training standards are necessary for train dispatchers; (2) promulgate standards and regulations regarding railroad highway grade crossings; and (3) report to certain congressional committees the results of an inquiry into whether to require that all trains be equipped with event recorders to enhance safety. Provides for an expedited proceeding by the National Railroad Adjustment Board of any railroad employee dispute or grievance alleging certain discriminatory practices. Cites circumstances under which the Secretary is authorized to disclose the name of a railroad employee who has provided information regarding alleged railroad safety violations. Mandates that railroad accident reports which assign human error as a factor include an explanatory statement by the employee whose error is alleged. Outlines circumstances under which the National Railroad Passenger Corporation (Amtrak) (or the owner of any facility which presents a danger to Amtrak property, employees or passengers) may petition the Secretary for relocation assistance or other remedial measures to obviate such danger. Authorizes appropriations. Directs the Secretary to promulgate regulations for: (1) the safety of maintenance-of-way employees; and (2) the fencing of rail yards in heavily populated areas in order to prevent injury to non-railroad personnel.
United States · United States Congress · 10 December 1987
Designates April 28, 1988, as National Day of Remembrance of the 749 American Victims of Operation Tiger. (Operation Tiger was the code name for the rehearsal of the D-Day invasion in World War II.)
United States · United States Congress · 9 December 1987
Expresses the sense of the Congress that railroad retirement benefits are exempt from reduction under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and that supplemental annuities payable under the Railroad Retirement Act of 1974 and sequestered under a specified presidential order should be restored.
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 · 18 November 1987
Dwight David Eisenhower Commemorative Coin Act of 1987 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of one dollar silver coins in commemoration of the 100th anniversary of the birth of Dwight David Eisenhower. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of the coins after December 31, 1990. Requires the Secretary to deposit in the Treasury all surcharges received from the sale of the coins, to be used to reduce the national debt.
United States · United States Congress · 17 November 1987
Raoul Wallenberg Monument Resolution - Authorizes the Raoul Wallenberg Tribute Committee to establish a monument to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the monument.
United States · United States Congress · 10 November 1987
Authorizes the Vietnam Women's Memorial Project, Inc., to establish a commemorative statue within the Vietnam Veterans Memorial to recognize and honor the women of the U.S. armed forces who served in the Vietnam war. Expresses the sense of the Congress that after the addition of such statue, no further commemorative works should be added to the Memorial. Directs the Secretary of the Interior to select a site for the statue within the Memorial. Makes the design proposal subject to the approval of the Secretary and the National Capital Planning Commission. Prohibits the United States and the District of Columbia from paying any expense of establishing the statue.
United States · United States Congress · 26 October 1987
National Childhood Vaccine Injury Amendments of 1987 - Title I: National Vaccine Injury Compensation Program - Amends title XXI (Vaccines) of the Public Health Service Act to repeal provisions relating to court jurisdiction over proceedings regarding compensation under the National Vaccine Injury Compensation Program. Requires each manufacturer of certain vaccines, as a condition of obtaining or retaining its licensure under specified provisions of the Federal Food, Drug, and Cosmetic Act, to secure the payment of compensation: (1) with any person or fund, while that person or fund is authorized to insure vaccine-injury compensation and authorized by the Vaccine Compensation Board (Board) (established by this Act) to insure payment; or (2) by receiving authorization from the Board to self-insure. Authorizes the Board to require self-insurers to deposit an indemnity bond or securities. Requires the Board to: (1) authorize an insurer to provide vaccine-injury insurance upon the Board's determination that the insurer has the capacity to provide the compensation required; and (2) carry out its responsibilities regarding authorization of insurers in a manner consistent with the administration by the Secretary of Labor of the Longshore and Harbor Workers' Compensation Act. Prohibits the insurance from excluding compensation for injuries arising during the policy period, regardless of whether the claim is filed during the policy period. Removes a provision which states that the National Vaccine Injury Compensation Program is to be administered by the Secretary of Health and Human Services. Revises general rules for petitions for compensation. Repeals a provision allowing a court to find that the first indications of a condition occurred during a specified time period even though the record of the occurrence was made after the time period expired. Requires an insurer to render its decision on a petition for compensation within 90 days of filing. Substitutes the insurer for the court in provisions relating to determination of eligibility and compensation. Revises provisions relating to qualifications and aids to interpretation of the Vaccine Injury Table. Changes the time period required for public comment on proposed revisions to the Table. Revises provisions relating to the compensation awarded, including: (1) changing the limit on awards for actual and projected pain and suffering and emotional distress; (2) setting forth provisions regarding whether projected expenses are paid periodically or in a lump sum; (3) providing a formula for calculation of lost earnings; and (4) setting forth provisions relating to awards of attorneys' fees and other costs, and calculation of the amount of attorneys' fees. Repeals provisions relating to: (1) prohibition of certain types of compensation; (2) compensation to be included in awards regarding vaccines administered before the effective date; (3) payment of compensation; and (4) a declaration that the Program is not primarily liable. Provides for settlement of claims between the petitioner and the insurer in accordance with the law of the petitioner's State of residence, to be approved by a court if so required by State law. Authorizes the Vaccine Compensation Board to review and modify compensation awards, except settlements providing for lump sum payments. Provides that, when the manufacturer of the vaccine administered cannot be identified, any compensation which the petitioner is awarded shall be paid by the insurer of the manufacturer with whom the petition was filed. Requires the insurers of each vaccine periodically to undertake an accounting to assure an equitable distribution among the insurers of the cost of compensation awards for which the manufacturer could not be identified. Exempts Federal or federally-assisted programs from provisions regarding the liability of health insurance carriers, prepaid health plans, and benefit providers. Allows filing of petitions when the right to do so is created by a revision of the Vaccine Injury Table, except when the vaccine-related injury or death occurred more than 2 years before the revision of the Table. (Current law allows such filing, except when the injury or death occurred more than eight years before revision.) Revises provisions relating to subrogation to: (1) subrogate the petitioner's rights to the insurer instead of to the trust fund; (2) remove provisions allowing a court to refer the record of a proceeding to the Secretary and the Attorney General with respect to a civil action; and (3) remove provisions requiring amounts recovered under certain provisions to be deposited in the trust fund. Modifies the composition of and quorum requirements for the Advisory Commission on Childhood Vaccines. Establishes in the executive branch a Vaccine Compensation Board to hear disputed claims arising from decisions with respect to petitions for compensation and requests for modifications. Authorizes the Board to conduct de novo reviews of the petition. Prohibits staying of payment of amounts required by an award, unless ordered by the Board on the ground of irreparable injury. Provides that any person aggrieved by a decision of the Board may obtain judicial review in the U.S. Court of Appeals for the Federal Circuit, subject to exception. Provides for enforcement of a compensation order which has become final upon application to a U.S. District Court. Authorizes appropriations for the administration of the Board's activities. Replaces provisions allowing the person who filed a petition to elect to file a civil action for damages rather than to accept a court judgement on the petition with provisions allowing a person to bring a civil action against the entity responsible for administration of the vaccine. States prohibited and permissible basis for the action. Allows, in the event of recovery by the claimant in a civil action, for subrogation to the insurer under the vaccine-injury compensation program. Repeals provisions relating to standards of responsibility to be imposed on manufacturers and relating to the conduct of trials in civil actions against manufacturers. Amends provisions relating to citizen's actions to: (1) require that the party bringing an action against the Secretary for alleged failure to perform an act or duty under specified provisions must be an aggrieved party; and (2) change the grounds for awarding costs of litigation so as to allow recovery only by a party which substantially prevails, in accordance with the Equal Access to Justice Act. (Current law allows awarding of costs to any party whenever the court determines such award is appropriate.) Sets compensation for members of the Vaccine Compensation Board at Level V of the Executive Schedule. Revises provisions relating to the information required to be included in materials distributed to the legal representatives of any child receiving a vaccine set forth in the Vaccine Injury Table. Makes manufacturer recordkeeping and reporting requirements applicable to components used in the preparation of a previously released product as well as to quantities of released products. Title II: National Vaccine Program - Amends title XXI (Vaccines) of the Public Health Service Act to revise the responsibilities of the Director of the National Vaccine Program. Delays for one year the due date for: (1) a plan required by current law regarding the implementation of the responsibilities of the Director; and (2) a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate regarding the implementation of the Program and the plan. Title III: Miscellaneous - Amends the National Childhood Vaccine Injury Act of 1986 to remove requirements that the Secretary of Health and Human Services request the Institute of Medicine of the National Academy of Sciences to conduct specified studies. Revises the wording of provisions relating to review by the Secretary of warnings, use instructions, and precautionary information issued by manufacturers of vaccines. Amends the Public Health Service Act to: (1) repeal a provision requiring recalls of licensed biological products to be issued in accordance with provisions of Federal law relating to administrative procedure adjudications; and (2) revise the wording of provisions regarding penalties for violation with reference to recalls.
United States · United States Congress · 22 October 1987
Maritime Promotion Act of 1987 - Amends the Merchant Marine Act, 1936 to create a new title concerning United States-flag liner vessels and operating-differential subsidies. Authorizes and directs the Secretary of Transportation, within one year of enactment of this title, to: (1) consider, and approve or disapprove, the application for a Grant Agreement for the payment of operating-differential subsidy (ODS) for liner operations submitted by any U.S. citizen meeting certain criteria; or (2) offer an Amended ODS Contract to the holder of an Existing ODS Contract for liner operations. Prohibits, subject to exception, after the first year after enactment of this title, consideration of an application for expansion of a Grant Agreement or an ODS Contract if the resulting ODS Program costs will exceed those associated with Amended ODS Contracts entered into and applications for Grant Agreements received and awarded within one year after enactment of this title. Sets forth requirements for approval of an application for a Grant Agreement. Authorizes the Secretary, if the Secretary approves the application, to enter into an Amended ODS Contract or a Grant Agreement with the applicant and to make payments pursuant to the Amended ODS Contract or Grant Agreement of ODS, for a period not exceeding ten years. Requires that, subsequent to the ten-year period, renewals of Amended ODS Contracts and Grant Agreements be in the form of Grant Agreements only and at the sole discretion of the Secretary under criteria set forth in specified provisions. Authorizes appropriations for the payment of ODS pursuant to a Grant Agreement and for the liquidation of obligations pursuant to an Amended ODS Contract. Limits the maximum number of ship years of subsidized operation, subject to exception. Authorizes, subject to provisions relating to selling, assigning, or transferring an Amended ODS Contract or Grant Agreement: (1) increases in the ship year ceiling through acquisitions of, mergers with, and capital asset purchases from, and otherwise unrelated entity which at the time of acquisition, merger, or purchase is a party to a Grant Agreement of Amended ODS Contract; and (2) subsidized operators to sell or acquire ship year authorizations among themselves and others who would otherwise be eligible to receive ODS. Requires the amount of the ODS to be specified in the Grant Agreement and determined according to a specified formula. Requires Amended ODS Contracts to conform to such requirements, except during the first 2 years after enactment of this provision. Declares that, subject to the approval of the Secretary, nothing in the Merchant Marine Act, 1936 shall restrict the world-wide acquisition of any vessel operated or to be operated under a Grant Agreement or Amended ODS Contract. Requires, in the event such a vessel is constructed or reconstructed in a foreign shipyard, certain conditions to be met. Requires, subject to exception, the provisions of title VI (Operating-Differential Subsidy) of the Merchant Marine Act, 1936 to be applicable to bulk cargo vessels only. Prohibits such provisions from restricting: (1) the non-subsidized operation of any liner vessel owned or operated by a Contractor or Holder, whether or not subject to an Amended ODS Contract or a Grant Agreement; or (2) the subsidized operation of any liner vessel under an Amended ODS Contract or a Grant Agreement. Prohibits ODS from being paid for the operation of: (1) any vessel on a voyage on which it engages in coastwise or intercoastal trade, subject to exception; and (2) a vessel that is more than 25 years of age. Sets forth elements for which every Amended ODS Contract or Grant Agreement awarded under this title must provide. Provides for continuation, by a Holder or Contractor, of domestic liner services which were provided or approved as of enactment of this title. Requires any additional domestic liner services by a Contractor or Holder to be established only as permitted under specified provisions of the Merchant Marine Act, 1936, subject to exception. Prohibits, without the consent of the Secretary: (1) the selling, assigning, or transferring of an Amended ODS Contract or Grant Agreement; or (2) the making of an agreement by a Contractor or Holder for the maintenance, management, or operation of a vessel to be performed by any other person. Provides, if such actions are taken without the Secretary's consent, or if the operation of a vessel passes out of the control of the Holder or Contractor by voluntary or involuntary receivership or bankruptcy proceedings, that the Secretary: (1) may modify or rescind the Amended ODS Contract or Grant Agreement; and (2) is vested with exclusive jurisdiction to determine the purposes for which any payments made by him under such contract shall be expended. Specifies requirements a vessel must meet in order that ODS payments may be made. Declares transfer to foreign registry to be the sole remedy of a Contractor or Holder for cancellation of an Amended ODS Contract or a Grant Agreement without just cause. States that failure of the Congress to appropriate funds shall be considered just cause. Requires a Contractor or Holder desiring such transfer to apply to the Secretary regarding the lack of just cause. Provides for judicial review of a denial by the Secretary of the application. Prohibits transfer to foreign registry from becoming effective until any indebtedness to the Government or any U.S. citizen secured by the vessel is paid or discharged. Allows the Secretary, within 90 days after final determination by the Secretary: (1) with the consent of the Contractor or Holder, to purchase the vessel; or (2) reinstate the Amended ODS Contract or Grant Agreement. Amends title III (American Seamen) of the Merchant Marine Act, 1936 to remove provisions relating to investigation of wages and working conditions, establishment of wage and manning scales, and incorporation in subsidy contracts. Amends title IV (Ocean Mail Contracts) of the Merchant Marine Act, 1936 to remove from conditions precedent to granting ODS provisions relating to vessels built in the United States, or documented or under construction in the United States before February 1, 1928. Replaces provisions relating to monthly payment of wage subsidies and procedures for calculation and payment of subsidies on certain expenses with provisions requiring semimonthly subsidy payments. Repeals provisions relating to monthly percentage payment of other than wage subsidies, security for refund of overpayments, and payment of the remainder after an audit of voyage accounts. Revises provisions relating to the elements which must be provided for in ODS contract. Removes from provisions relating to eligibility for ODS contracts requirements that vessels be built in a domestic yard, or documented under U.S. laws or under construction by February 1, 1928. Requires owners to enter into a contract with the United States for the inclusion in the vessel of enhanced military features, the cost of which is required to be paid by the owner up to 2 percent of the vessel construction contract price. Requires alterations, repairs, or rebuilding necessary to bring existing vessels into compliance with provisions relating to inspection and regulation of vessels to be performed in the United States. Amends title VIII (Contract Provisions) of the Merchant Marine Act, 1936 to make provisions relating to various recordkeeping requirements and audits apply to the new title added by this Act as well as to specified existing titles. Revises provisions prohibiting oprating a competing foreign-flag vessel to make the provisions applicable to a Contractor or Holder under the new title added by this Act and to declare that such provisions do not preclude certain types of acts by a Contractor under an Amended ODS Contract or the Holder of a Grant Agreement. Revises provisions allowing the Secretary to waive such provisions to eliminate the authority of the Secretary to waive them as to any contractor. Makes applicable to the new title added by this Act: (1) prohibitions of paying subsidies to a contractor who owns or operates a vessel engaged in the domestic intercoastal or coastwise service; (2) provisions relating to supervision by the Secretary of the number and compensation of officers and employees of a contractor in default with respect to any obligation to the Secretary; (3) prohibitions of employing other persons as managing or operating agents; and (4) provisions relating to ineligibility for subsidies because of conviction of a misdemeanor under Merchant Marine Act, 1936. Repeals provisions relating to employment of persons to appear before the Congress or governmental agencies. Requires that, if a vessel subsidized under title VI (Operating-Differential Subsidy), or under the new title added by this Act, earns any gross revenue on cargoes reserved by the Cargo Preference Act of 1904, by Public Resolution 17, or by specified provisions of the Merchant Marine Act, 1936, the owner shall repay the portion of the ODS attributable to the reserved cargoes. Makes applicable to the new title added by this Act provisions relating to discrimination by a contractor receiving ODS so as to give preference to cargo in which the contractor has an interest. Repeals provisions relating to agreements between contractors receiving ODS and other carriers which are unjustly discriminatory or unfair to any other U.S. citizen who operates certain water common carriers. Amends title IX (Miscellaneous Provisions) of the Merchant Marine Act, 1936 to revise provisions relating to cargo preference to require equitable participation of U.S.-flag vessels under terms and conditions prescribed by the Secretary. (Current law requires fair and reasonable participation of U.S.-flag vessels by geographic areas.) Declares that, one year after enactment of this Act, all existing ODS contracts for liner operations shall expire, and prohibits payment of ODS for liner operations other than to a Holder of a Grant Agreement or a Contractor under an Amended ODS Contract, subject to exception for voyages in progress. States that specified provisions of Federal law requiring the use of U.S.-flag vessels shall be deemed fulfilled, except for certain Defense Department shipments, if the actual ocean transportation consists of transportation of the cargo by a combination of United States and foreign-flag vessels.
United States · United States Congress · 20 October 1987
Infectious Waste Regulation Act of 1987 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to promulgate regulations for the management of infectious waste which: (1) define infectious waste; (2) establish handling, treatment, storage, and disposal requirements; and (3) include other necessary requirements to protect human health and the environment. Requires the Administrator to consult with the National Institutes of Health and the Centers for Disease Control on matters relating to acquired immunodeficiency syndrome (AIDS) when promulgating such regulations. Authorizes exemptions for small quantities of such waste. Requires that facilities where such waste is handled be open for Federal inspection and that handlers of such waste provide information and samples as necessary.
United States · United States Congress · 20 October 1987
Decennial Census Improvement Act of 1987 - Requires the Secretary of Commerce to adjust the population data of the decennial census to correct for any undercounts or overcounts and to report to the appropriate congressional committees, not later than one year in advance of such census, on the proposed plan for making such adjustment.
United States · United States Congress · 15 October 1987
Older Americans Long-Term Care Insurance Act of 1987 - Title I: Tax Provisions Related to Long-Term Care Insurance - Amends the Internal Revenue Code to treat certain long-term care insurance which the Secretary certifies is providing coverage to each covered person for at least one year for diagnostic, preventive, therapeutic, rehabilitation, maintenance, or personal care services provided in a setting other than the acute care unit of a hospital as noncancellable accident or health insurance when taxing issuers of such insurance (hereafter referred to as qualified long-term care insurance). Requires such policies which are issued after 1989 to be reinsured by the Federal National Long-Term Care Reinsurance Corporation if the Corporation is incorporated when such policy is issued. Directs the Secretary of Health and Human Services to submit a study on long-term care insurance policies to the Congress by 1989 and report annually to the Congress regarding the certification of qualified long-term care insurance. Provides that for the purpose of determining whether a tax exclusion applies to employer contributions to, or an employee's receipt of benefits from qualified long-term care insurance such contributions and benefits shall be considered to be for personal injury or sickness, and medical care. Excludes from taxation: (1) distributions or payments from individual retirement plans which are used during the year to pay the premiums for qualified long-term care coverage of individuals who are age 59 1/2 or older on the date of distribution or payment; and (2) amounts received, when an individual surrenders, cancels, or exchanges a life insurance contract, and used during such year to pay the premiums for qualified long-term care insurance. Title II: Federal National Long-Term Care Reinsurance Corporation - Federal National Long-Term Care Reinsurance Corporation Act - Authorizes the Secretary to provide for the incorporation of the Federal National Long-Term Care Reinsurance Corporation (Corporation), which shall not be an agency or establishment of the U.S. Government. Requires the Corporation to confine its activities to reinsuring insurance companies for extraordinary loss in the issuance or payment of qualified long-term care insurance benefits. Sets forth organizing and administrative provisions with respect to the Corporation. Exempts the Corporation from State regulation and taxation. Directs the Corporation to report annually to the President and the Congress regarding its activities.
United States · United States Congress · 13 October 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury (Secretary) to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers receiving annual tax filing forms from the IRS. Requires the IRS, upon taxpayer request, to conduct any interview regarding the determination or collection of any tax at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interviewer to explain to the taxpayer the audit process, including the taxpayer's rights with respect to the process. Requires the Secretary to abate any penalty or interest imposed on any deficiency attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations with respect to Taxpayer Assistance Orders, including provisions to assure full, fair, and impartial due process for affected taxpayers. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury an Office of Inspector General. Transfers to such Office the existing audit and investigation units of the Department. Sets forth criteria with respect to: (1) the authority of the Inspector General to conduct an investigation; and (2) the authority of the Secretary in cases of audits or investigations requiring access to information of a sensitive or confidential nature. Allows the Secretary to prohibit investigations under specified circumstances. Restricts disclosure by the Inspector General of tax returns and return information. Prohibits records of tax enforcement results from being used to evaluate certain IRS personnel or to impose or suggest production quotas. Requires district directors to certify compliance with this mandate on a monthly basis. Requires the Secretary to certify that a rule proposed by the IRS is substantially the only alternative that meets the mandate of the relevant statute in order for the rule to be considered an interpretative rule (and thereby not subject to analyses under the Regulatory Flexibility Act). Amends the Regulatory Flexibility Act to require regulatory flexibility analyses to include consideration of both the direct and indirect beneficial and negative effects of a proposed or final rule. Amends the Internal Revenue Code to direct the Secretary, with limited exceptions, to send a preliminary letter of deficiency to a taxpayer prior to the mailing of a deficiency notice. Specifies required contents for tax due notices and deficiency notices, including the basis of the deficiency and a breakdown of the total amount into tax, interest, and penalty. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations requiring all IRS personnel to explain and support their position in assessing any penalties or additions to tax. Requires the Comptroller General to study IRS procedures with respect to such assessments and to present findings to specified congressional committees no later than December 31, 1988. Authorizes the Secretary to enter into a binding agreement with a taxpayer under which the taxpayer may pay tax liability in installments if the Secretary determines that such an agreement will facilitate collection of the liability. Permits the Secretary, after proper notice and a hearing, to modify or annul the agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Renders such an agreement nonbinding if the taxpayer fails to pay any installment or any other tax liability when due. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Permits the Secretary to demand surrender of bank accounts only after 21 days in escrow have passed since service of the notice of levy on the accounts. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Permits a taxpayer to bring a civil action against the United States in the Tax Court for judicial review of jeopardy levies and assessments. (Under current law an action for judicial review of jeopardy assessments may be filed only in district court.) Increases the time during which a taxpayer may petition for such review. Describes the jurisdictional requirements to be applied to such actions. Allows an administrative appeal of tax liens. Grants to the Tax Court exclusive jurisdiction to enjoin premature assessments if the taxpayer has filed a timely petition for review. Provides for review of such injunctive orders by the U.S. Court of Appeals. Grants to the Tax Court jurisdiction to enforce payment by the Secretary of refunds of overpayment and interest to taxpayers. Places on the Secretary the burden of proof of justifying any failure to refund, credit, or offset relevant amounts with respect to a taxpayer. Entitles a prevailing taxpayer to: (1) an interest rate of 120 percent of the overpayment rate with respect to refunds; and (2) reasonable litigation costs. Grants to the Tax Court jurisdiction to: (1) review jeopardy assessment sales of assets; and (2) redetermine interest under certain circumstances when a taxpayer claims an overpayment of the interest. Vests in the Tax Court original jurisdiction over any civil action against the Secretary for the recovery of any tax, additions to tax, and penalties with respect to income, estate, gift, and certain excise taxes. Authorizes an award of reasonable litigation costs to the prevailing party in proceedings by taxpayers before the Internal Revenue Service. Permits a taxpayer to bring a civil action in district court for actual damages resulting from the failure of any Federal officer or employee to release a tax lien on the taxpayer's property. Permits a civil cause of action in district court for damages resulting from the careless, reckless, or intentional disregard of internal revenue laws by any Federal officer or employee. Denies damage awards in cases of contributory negligence. Authorizes a damage award, to a $10,000 maximum, to the United States in cases of frivolous or groundless claims by a taxpayer. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation or surveillance authorized or conducted by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Establishes in the Internal Revenue Service the Office for Taxpayers Services, under the supervision of an Assistant Commissioner of Internal Revenue. Directs this Assistant Commissioner to: (1) be responsible for telephone, walk-in, and educational services, and for the design and production of tax and information forms; and (2) prepare annually, for presentation to specified congressional committees, a joint report (with the Chief Problem Resolution Officer for the IRS) on the quality of taxpayer services.
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 · 13 October 1987
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 and the Federal Water Pollution Control Act of 1977 to prohibit the dumping of medical wastes into the ocean and navigable waters. Establishes a maximum fine for violations at least twice as high as that imposed for dumping other kinds of waste. Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to regulate the generation, transportation, treatment, storage, and disposal of medical waste as necessary to protect human health and the environment. Excludes waste already regulated as hazardous. Requires persons handling such waste to submit information and permit inspection of handling facilities, including providing samples. Establishes civil penalties for violations.
United States · United States Congress · 1 October 1987
Federal Employees' Political Activities Act of 1987- Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using or attempting to use, or permitting the use of, any official information unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employees' official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Describes such a political appointee as one: (1) whose duties and responsibilities continue outside normal duty hours and while away from the normal duty post; (2) who is paid from an appropriation for the Executive Office of the President; (3) whose position is located within the United States; and (4) who determines policies to be pursued by the United States in its relations with foreign powers or in the nationwide administration of Federal laws. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Directs the Special Counsel to prescribe rules and regulations to implement this Act. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 1 October 1987
Directs the Administrator of General Services to convey to the Museum of the American Indian the Old United States Custom House in New York, New York. Subjects the conveyance to the following conditions: (1) the property shall be used by the Museum solely as a museum to preserve the customs and history of North, South, and Central American Indians; (2) the Museum shall maintain the historic architectural character of the property; (3) the Museum shall give the Advisory Council on Historic Preservation a reasonable opportunity to comment on proposed renovations or alterations; and (4) the Museum shall obtain the approval of the Administrator before commencing any renovation or alteration. Provides that all right, title, and interest in the property shall revert to the United States if: (1) the Museum at 3753 Broadway in New York City does not operate as a branch of the Museum to be established at the property; (2) the Museum does not continuously use such property solely as a North, South, and Central American Indian museum and maintain its historic architectural character; (3) the Museum does not maintain such property in a manner that ensures that adequate services are provided to the U.S. courts on the fifth and sixth floors; or (4) the Museum interferes with the occupancy of such property by the courts. Prohibits the Museum from using such property as security for any obligation. Reserves to the United States: (1) air and development rights associated with such property; and (2) the right to occupy the fifth and sixth floors of the property for use by U.S. courts until the Administrator provides suitable permanent accommodations for such courts at the Foley Square Courthouse Annex. Requires the Museum to submit a plan detailing any proposed renovation or alteration of the property to the Administrator, who shall approve such action unless it would not preserve the property's historic architectural character.
United States · United States Congress · 22 September 1987
Amends rule XXI of the Rules of the House of Representatives to prohibit consideration of bills or resolutions making appropriations under the jurisdiction of more than one subcommittee of the Appropriations Committee for periods after November 30 of a fiscal year, unless a 60 percent majority of the House votes to waive or suspend this provision.
United States · United States Congress · 21 September 1987
Requires U.S. coins to be redesigned, at the discretion of the Secretary of the Treasury, over the next six years. Requires the reverse side of the first coin redesigned to commemorate the bicentennial of the U.S. Constitution for a two-year period. Requires that any profits from the sale of uncirculated and proof sets of U.S. coins be deposited in the Treasury and used solely to reduce the national debt.
United States · United States Congress · 10 September 1987
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 6 August 1987
Designates the United States Courthouse located at the intersection of Uniondale Avenue and Hempstead Turnpike in Uniondale, New York, as the John W. Wydler United States Courthouse.
United States · United States Congress · 6 August 1987
Limitation of Liability for Maritime Claims Act - Entitles shipowners and salvors (persons who render services in direct connection with salvage operations) to limit liability for the following maritime claims: (1) claims for death or personal injury; (2) claims for loss or damage to property; and (3) claims for losses resulting from delay or infringement of rights. Sets forth exceptions from application of this Act. Describes conduct which bars limitation and the method for resolving counterclaims. Establishes the limits of liability. Authorizes persons seeking to limit liability to file or join a complaint for limitation of liability in the district court of the United States which is sitting in admiralty. Sets forth the method and procedures for such persons to establish a fund for the payment of claims against them. Repeals specified laws.
United States · United States Congress · 5 August 1987
Amends Federal law to recodify, consolidate, and revise specified shipping and related maritime provisions regarding maritime commercial instruments, maritime liens, and public vessels and goods (including actions by or against the United States).
United States · United States Congress · 5 August 1987
Revises, consolidates, and enacts certain maritime laws as major portions of title 46, United States Code, "Shipping." Includes, codified into subtitle I (General Provisions), provisions relating to: (1) general maritime measures; (2) general measures relating to the Federal Maritime Commission; and (3) the Maritime Administration. Includes, codified into subtitle II (Vessels and Seamen), provisions relating to: (1) general measures; (2) export of horses; (3) agreements, wages, shares, and penalties regarding fishermen; and (4) documentation of vessels and denial or revocation of documentation or number for smuggling. Includes, codified into subtitle IV (Regulation of Commerce by the Federal Maritime Commission), provisions relating to: (1) general measures; (2) domestic offshore commerce; and (3) foreign commerce. Includes, codified into subtitle V (Merchant Marine), provisions relating to: (1) general measures; (2) merchant marine service; (3) subsidy programs; (4) vessel financing programs; (5) investment capital accumulation programs; (6) promotional programs; (7) control of merchant marine capabilities; (8) war risk insurance; (9) Government-owned merchant vessels; and (10) restrictions and penalties. Includes miscellaneous provisions, codified into subtitle VI (Miscellaneous).
![Official portrait of Rep. Lent, Norman F. [R-NY-4]](https://www.congress.gov/img/member/l000243_200.jpg)