United States · United States Congress · 12 March 1987
Prohibits any investments in South Africa by U.S. persons. Prohibits the importation into the United States of any article from South Africa, except for strategic minerals which the President certifies to the Congress are essential for military uses, are not sufficiently available from domestic supplies, and for which no substitutes are available. Prohibits the exportation to South Africa of any goods, technology, or other information subject to U.S. jurisdiction. Prohibits any such exportation by any person subject to U.S. jurisdiction. Exempts from such prohibition certain medical supplies and food. Directs the Secretary of Transportation to prohibit the takeoff and landing of any aircraft except for emergencies by a foreign air carrier owned by South Africa or South African nationals. Prohibits the importation into the United States of any South African gold coin. Prohibits any U.S. depository institution from accepting, receiving, or holding a deposit account from South Africa. Prohibits the United States from engaging in any military or intelligence activities in cooperation with South Africa. Authorizes the President to limit imports into the United States from a foreign country to the extent that such foreign country benefits from, or takes commercial advantage of, any prohibition imposed by this Act. Provides for the enforcement of this Act. Repeals the Comprehensive Anti-Apartheid Act of 1986 and the amendments made by that Act to the Foreign Assistance Act of 1961 and the Export-Import Bank Act of 1945.
United States · United States Congress · 11 March 1987
Cancer Patients' Employment Rights Act - Makes it an unlawful employment practice for an employer, because of an individual's cancer history, to: (1) fail or refuse to hire or to discharge the individual, or to otherwise discriminate against the individual with respect to compensation, terms, conditions, or privileges of employment; or (2) limit, segregate, or classify employees or applicants for employment in any way which would tend to deprive an individual of employment opportunities or otherwise adversely affect the individual's status as an employee. Makes it an unlawful employment practice for an employment agency to: (1) fail or refuse to refer for employment, or otherwise discriminate against, an individual because of the individual's cancer history; or (2) classify or refer for employment an individual on the basis of the individual's cancer history. Makes it an unlawful employment practice for a labor organization to: (1) exclude or to expel from its membership, or otherwise discriminate against, an individual because of the individual's cancer history; (2) limit, segregate, or classify its membership, or to classify or fail or refuse to refer an individual for employment because of the individual's cancer history; or (3) cause or attempt to cause an employer to discriminate against an individual. Makes it an unlawful employment practice for an employer, labor organization, or joint labor-management committee controlling an apprenticeship, training, or retraining program to discriminate against an individual because of the individual's cancer history in admission to, or employment in, such programs. Declares that it is not an unlawful employment practice to hire individuals on the basis of their cancer history in cases where cancer history is a bona fide occupational qualification. Declares it to be an unlawful employment practice for an employer to give and to act upon the results of a professionally developed ability test if such test is designed or used to discriminate because of cancer history. Provides that nothing in this Act shall be interpreted to require an employer, employment agency, labor organization, or joint labor-management committee to grant preferential treatment to an individual or group because of the individual's or group's cancer history for the purpose of certain numerical comparisons. Describes other unlawful employment practices with respect to individuals with a cancer history, including: (1) retaliation; (2) published job notices; (3) medical examinations and medical information; and (4) reasonable accommodations for such individuals. Requires all personnel actions in the following government entities to be made free from discrimination based on cancer history: (1) military departments; (2) executive agencies; (3) the United States Postal Service and Postal Rate Commission; (4) units of the District of Columbia government having positions in the competitive service; and (5) units of the judicial branch having positions in the competitive service. Empowers the Equal Employment Opportunity Commission to enforce this Act and to make investigations and require recordkeeping as appropriate.
United States · United States Congress · 11 March 1987
Authorizes the establishment of a memorial on Federal land in the District of Columbia or its environs to honor members of the American press and other news media who have been killed while covering an armed conflict. Requires the memorial to comply with the requirements of Federal law relating to commemorative works on certain Federal lands in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 10 March 1987
Amends the Internal Revenue Code to include as members of a targeted group for purposes of the targeted jobs credit: (1) certain low income individuals aged 55 or older; and (2) dislocated workers.
United States · United States Congress · 10 March 1987
Commemorates the Northwest Ordinance of 1787 as one of the fundamental legal documents of the United States. Authorizes and requests the President to issue a proclamation calling upon the people of the United States to observe the bicentennial of the Northwest Ordinance.
United States · United States Congress · 10 March 1987
Prohibits the United States from carrying out a test of the Space Defense System (antisatellite weapon) involving the miniature homing vehicle against an object in space until the President certifies to the Congress that the Soviet Union has conducted, after enactment of this Act, a test against an object in space of a dedicated antisatellite weapon. Provides that such prohibition expires on October 1, 1988. Declares that the President should seek with the Soviet Union a mutual and verifiable treaty which limits the testing, deployment, and use of any antisatellite weapon.
United States · United States Congress · 5 March 1987
Older American Amendments of 1987 - Amends the Older Americans Act of 1965 to authorize appropriations for FY 1988 through 1991 for State and community programs on aging which include programs providing nutrition services, supportive services, surplus commodities, or cash payments in lieu of food commodities to older individuals. Requires States to include among such programs a program providing in-home services to frail, older individuals. Authorizes appropriations for FY 1988 through 1991, for: (1) the older American community service employment program; (2) grants to Indian tribes for the provision of supportive and nutritional services to older Indians; and (3) the older Americans personal health education and training program.
United States · United States Congress · 5 March 1987
Expresses the sense of the Congress that: (1) the promotion of unrestricted family visits between related people of the United States and the Soviet Union is an essential part of American policy toward the Soviet Union; and (2) the President, the Secretary of State, and other administration members should raise the issue of family visitation at all appropriate opportunities in discussions with leaders of the Communist Party and the Government of the Soviet Union.
United States · United States Congress · 4 March 1987
Torture Victim Protection Act of 1987 - Amends the United Nations Participation Act of 1945 to impose civil liability on anyone who, under actual or apparent authority of any foreign nation, subjects any person to torture or extrajudicial killing. Grants jurisdiction over such cases to U.S. district courts only after claimants have exhausted all available remedies in the place where the conduct giving rise to the claim occurred.
United States · United States Congress · 4 March 1987
Amends the Internal Revenue Code to allow a standard deduction of an additional amount for a taxpayer or the spouse of the taxpayer if the taxpayer or spouse is a paraplegic, a quadriplegic, a hemiplegic, an amputee, or a deaf person at the close of the taxpayer's taxable year. Requires the taxpayer to furnish proof of such condition in such form and manner, and at such times, as prescribed by regulations.
United States · United States Congress · 3 March 1987
Directs the Secretaries of the Army and the Air Force to prescribe regulations to ensure that National Guard technicians are protected from certain adverse employment actions (i.e. removal, suspension, grade reduction, or furlough) in the same manner as are Federal employees.
United States · United States Congress · 26 February 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 with tax forms sent by the IRS. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury (Department) an Office of Inspector General (Inspector). Transfers to such Office the existing audit and investigation units of the Department. Prohibits the Inspector from reviewing: (1) monetary, fiscal, and tax policy; and (2) the exercise of legal judgment in the investigation and litigation of cases. Authorizes the Secretary to: (1) withhold from the Inspector requested information that the Secretary determines will jeopardize the success of an ongoing investigation or litigation, confidential sources, or the national security; and (2) prohibit the Inspector from undertaking or continuing an audit or investigation under limited circumstances described in this Act. Requires the IRS, upon taxpayer request, to conduct any interview regarding a deficiency assessment 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 interview to warn the taxpayer that: (1) he or she has a right to remain silent; (2) any statement the taxpayer makes may be used against him or her; and (3) he or she has the right to the presence of an attorney, certified public accountant, enrolled agent, or enrolled actuary. Permits a waiver of such rights if voluntarily and knowingly made. Amends Federal law to require the Comptroller General (Comptroller) of the General Accounting Office to: (1) conduct audits of the IRS with respect to the efficiency, uniformity, and equity of the internal revenue laws (current law specifies no particular focus for such audits); and (2) conduct special audits or investigations of internal revenue law administration upon the request of any congressional committee or Member of Congress. Requires the Comptroller's annual report to the Congress to include specified findings concerning IRS management, efficiency, procedures, and structure. Divests of its finality a vote of the Joint Committee on Taxation to disapprove a Comptroller General audit of the IRS. Designates such vote as a recommendation to disapprove an audit and makes such recommendation subject to congressional approval. Prohibits evaluations of IRS personnel based on revenue collected from taxpayers as a result of audits or investigations involving such personnel. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation 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. Creates a civil cause of action in Federal court (regardless of the amount in controversy) for any taxpayer aggrieved by such prohibited investigation or recordkeeping. Authorizes both equitable remedies and awards of damages, including punitive damages, litigation costs and reasonable attorney fees, in such cases. 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. 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. Authorizes the Secretary, in certain cases, to enter into a binding agreement with a taxpayer under which such taxpayer may pay tax liability in installments. Requires the Secretary to offer in writing to enter such an agreement with any individual: (1) whose tax liability is $20,000 or less; and (2) who has not been delinquent in installment tax payments under similar agreements during a specified period. Permits the Secretary, after proper notice and a hearing, to modify or annul such an agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Requires the Secretary to abate in full any deficiency, including penalty or interest, completely attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Directs IRS officers and employees, when giving oral advice to a person, to inform such person that the contents of such communication are not binding on the IRS. 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. Allows an administrative appeal of tax liens. Revises the criteria according to which the Secretary determines a minimum sale price for property seized by levy and subject to a tax sale. Prohibits the Secretary from authorizing a class audit of taxpayers in a particular business or trade until each group member is given proper notice and the opportunity either to file an amended return or to challenge the Secretary's findings at a hearing. Places upon the IRS the burden of proof on all issues in all administrative and judicial proceedings between the IRS and a taxpayer. Applies the rulemaking provisions of the Administrative Procedure Act to all IRS rules and regulations prescribed by the Secretary.
United States · United States Congress · 25 February 1987
Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Jesse Owens in recognition of the late Jesse Owens' athletic achievements and humanitarian contributions to public service, civil rights, and international goodwill. Authorizes appropriations. Authorizes the Secretary of the Treasury to sell bronze duplicates of the medal.
United States · United States Congress · 25 February 1987
Foreign Agents Compulsory Ethics in Trade Act of 1987 - Amends the Federal criminal code to prohibit the President, the Vice President, certain high-level Federal officials and employees, certain high-ranking active-duty members of the uniformed services, and Members of Congress from representing or advising foreign principals on matters of direct and substantial U.S. interest during the four-year period after cessation of Federal employment. Authorizes the Attorney General to grant a waiver to such prohibition unless the proposed conduct could harm the national interests or create an undue appearance of conflict of interest. Authorizes the Attorney General, upon reason to believe that a person is engaging or about to engage in conduct in violation of this Act, to petition the appropriate U.S. district court for an order prohibiting such conduct. Establishes civil and criminal penalties for violations of this Act.
United States · United States Congress · 25 February 1987
Designates June 14, 1987, as Baltic Freedom Day. Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics.
United States · United States Congress · 24 February 1987
Pornography Victims Protection Act of 1987 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned know that a minor was transported in interstate or foreign commerce for the purpose of producing pornography. Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct. Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage. Imposes civil penalties for violation of the prohibition against sexual exploitation of children.
United States · United States Congress · 24 February 1987
Employee Polygraph Protection Act - Prohibits any employer from using any lie detector test or examination in the work place, for both pre-employment testing and testing in the course of employment. Requires the Secretary of Labor to prepare and have printed notices setting forth this prohibition. Requires employers to post these notices. Provides penalties for violations of this Act. Exempts Federal, State, and local employees from the Act's coverage.
United States · United States Congress · 24 February 1987
Civil Rights Restoration Act of 1987 - Amends title IX (Prohibition of Sex Discrimination) of the Education Amendments of 1972 to define the phrase "program or activity" and the term "program" to mean all of the operations of the following entities, any part of which is extended Federal financial assistance: (1) a department, agency, special purpose district, or other instrumentality of a State or local government; (2) a State or local government agency which distributes such assistance and the agency or department to which such assistance is extended; (3) a college, university, or other postsecondary institution, or public system of higher education; (4) a local educational agency, system of vocational education, or other school system; and (5) a corporation, partnership, or other private organization. States that such terms do not include any operation of an entity which is controlled by a religious organization. Amends the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to define the phrase "program or activity" to mean all of the activities of the aforementioned entities.
United States · United States Congress · 24 February 1987
Firefighter National Labor-Management Relations Act - Establishes within the Department of Labor the Firefighters National Labor-Management Relations Commission. Grants firefighters the right as employees to: (1) form, join, or assist employee organizations; (2) participate in collective bargaining with employers through representatives of their own choosing; and (3) engage in other activities, individually or in concert, to establish, maintain, or improve terms and conditions of employment and other matters of mutual concern relating thereto. Grants firefighter employee organizations the right to: (1) have access at reasonable times to areas in which employees work, use the employer's bulletin boards, mailboxes, and other communication media, use the employer's facilities at reasonable times for meetings concerned with the exercise of the rights guaranteed by this Act (except that if an exclusive representative has been recognized such access and use shall be denied to other employee organizations until a lawful and timely challenge to the majority status of the representative is raised); and (2) have deducted from the salary of employees, upon receipt of an appropriate authorization form, an amount for membership fees and dues. Requires, if an exclusive representative has been recognized, each employee who is not a member of the organization to pay an amount equivalent to that share of dues, fees, or assessments paid by a member. Requires employers to recognize an employee organization designated by the majority of employees as the exclusive bargaining representative of all the employees for collective bargaining purposes, unless the employer entertains a good faith doubt as to the validity or accuracy of the evidence demonstrating majority support in a unit, or as to the appropriateness of the claimed unit. Provides for investigations by the Commission whenever a petition is filed: (1) by an employer alleging a good faith doubt as to majority support in an appropriate unit, that a claimed unit is inappropriate, or that more than one employee organization claims to represent a substantial number of the employees in a bargaining unit; (2) by an employee organization alleging that 30 percent of the employees in a bargaining unit wish to be represented by such organization; or (3) by or on behalf of the unit alleging that the exclusive representative no longer represents a majority. Directs the Commission to provide for a hearing if a substantial question of representation exists and to direct an election if there is a controversy concerning representation. Directs the Commission to certify any employee organization which received a majority of votes in such election as the exclusive representative of such employees. Sets forth criteria to determine the appropriateness of a bargaining unit. Sets forth procedures for conduct of hearings, decisions, and review. Sets forth provisions for determinations as to outcome of elections. Provides that representatives selected by employees in a unit appropriate for collective bargaining purposes shall be the exclusive representative of all employees in such unit to bargain on wages, hours, and terms and conditions of employment. Grants individual employees or groups of employees the right at any time to present grievances to its employer and have them adjusted without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the terms of the collective bargaining contract. Requires that the bargaining representative be given an opportunity to be present at such adjustment. Provides that any employee representative in existence on the date of enactment of this Act shall continue without the requirement of an election and certification until a question concerning representation is raised or the unit is found to be inappropriate. Prohibits any challenge to the appropriateness of the unit until expiration of any collective bargaining agreement in effect on the date of enactment of this Act. Sets forth an impasse procedure using an arbitration panel. Sets forth unfair labor practices. Makes it unlawful for an employer to: (1) impose or threaten to impose reprisals on any employee, discriminate or threaten to discriminate against any employee, otherwise interfere with, restrain, or coerce any employee because of the exercise of rights guaranteed by this Act; (2) dominate, interfere with, or assist in the formation or administration of any employee organization; (3) encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure of employment, or any term or condition of employment; (4) deny to any employee organization the rights guaranteed to it by this Act; (5) refuse or fail to collectively bargain in good faith with an exclusive representative, if requested to do so; or (6) otherwise fail to comply with any provision of this Act. Makes it unlawful for an employee organization: (1) to restrain or coerce any employee in the exercise of rights guaranteed by this Act, but this shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein; (2) to restrain or coerce an employer in the selection of its representative for collective bargaining or the adjustment of grievances; or (3) when acting as an exclusive representative, to refuse to bargain collectively in good faith with an employer if requested to do so. Provides that the duty to bargain collectively shall extend to matters which are or may be the subject of an enactment by a State or local government, and that such duty includes the obligation of the employer to submit such agreement to the appropriate governmental body for legislative action if necessary. Empowers the Commission to prevent any person from engaging in any unfair labor practice. Sets forth procedures for issuance of complaints, hearings, and issuance of orders. Grants the Commission access to evidence and subpoena power. Provides for judicial orders to appear before the Commission. Sets forth provisions relating to self-incrimination. Provides for service of complaints and service of process. Imposes penalties for interference with the Commissioner. Provides for judicial enforcement and judicial review. Provides for exclusion of evidence taken during a representation proceeding. Prohibits any firefighter or exclusive representative from engaging in a strike or inducing, encouraging, or condoning any strike, work stoppage, slowdown, or withholding of services by firefighters. Makes this Act the exclusive method for regulating the relationship between employers and their firefighter employees in regard to all matters covered herein. Preempts any provision of Federal, State or local law inconsistent with this Act. Grants an exemption to make substantially equivalent State, or local laws applicable. Provides that, except as otherwise expressly provided, nothing in this Act shall be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement entered into before the effective date of this Act between an employer and a firefighter employee organization covering terms and conditions of employment.
United States · United States Congress · 24 February 1987
Technology Education Act of 1986 - Defines "technology education" as a comprehensive educational process designed to develop a population that is knowledgeable about technology and its evolution, systems, techniques, utilization in industry and other fields, and social and cultural significance. Directs the Secretary of Education, subject to the availability of appropriations under this Act, to establish a program of grants to local educational agencies (LEAs), State educational agencies (SEAs), consortia of public and private agencies, organizations, and institutions, and institutions of higher education for not more than ten demonstration programs in technology education for secondary schools. Sets forth grant application requirements. Directs the Secretary to consider equitable geographic distribution in making such grants. Permits such grants to be used to develop a model demonstration program for technology education with specified components. Includes among such components research and development of curriculum materials, an institute to develop teacher capabilities in technology education, and multidisciplinary teacher workshops for interfacing mathematics, science, and technology education. Limits the Federal share to 65 percent of the costs of programs or projects assisted under this Act. Requires that at least ten percent of such costs be covered by private sector contributions. Directs the Secretary to disseminate the results of such programs or projects so as to improve the training of educational personnel. Amends the Education Consolidation and Improvement Act of 1981 to direct the Secretary to make available specified amounts of discretionary funds to carry out this Act for FY 1987 through 1989.
United States · United States Congress · 19 February 1987
Prohibits the construction of any new dam or impoundment within a national park or monument unless such construction is necessary for the purposes of such park or monument and park resources would not be degraded. Prohibits such construction outside park or monument boundaries if lands within the boundaries would be inundated. Prohibits the use of Federal lands to expand any reservoir within Yosemite National Park without specific congressional authorization.
United States · United States Congress · 19 February 1987
Textile and Apparel Trade Act of 1987 - Limits the 1987 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1986 imports classified under such category. Limits the 1987 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1986 imports of nonrubber footwear classified under such category; and (2) in the case of low priced nonrubber footwear, the total 1986 imports of low priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1987. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation, to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether such country has violated trade concessions of benefit to the United States and such violation has not been adequately offset by U.S. action or by the action of such country. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this paragraph, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this paragraph, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on the operation of this Act.
United States · United States Congress · 19 February 1987
Retiree Benefits Security Act of 1987 - Amends Federal bankruptcy law to apply provisions governing the rejection of collective bargaining agreements in reorganization cases to collective bargaining agreement provisions relating to benefits for retired employees. Provides that bankruptcy claims for retiree benefits and claims arising under any collective bargaining agreement or rejection thereof shall not be limited to one year's compensation. Designates the labor organization which is the recognized exclusive collective bargaining representative in a collective bargaining agreement as the authorized representative of persons receiving retirement benefits under such agreement in bankruptcy proceedings. Directs the court to appoint a committee of retirees to serve as such representative if the labor organization elects not to serve or if the recipients of retiree benefits are not covered by a collective bargaining agreement. Requires the debtor in possession or trustee in a reorganization case to pay and not modify any retiree benefits under any program established or maintained by the debtor prior to filing a bankruptcy petition. Allows modification of such benefits: (1) by court order; or (2) as agreed to by the trustee and the authorized representative of benefit recipients. Treats such payments as administrative expenses. Permits the court to order a modification in retiree benefit payments only if: (1) with respect to benefits covered by a collective bargaining agreement, such agreement is rejected in bankruptcy; and (2) with respect to benefits whether covered or not, the court finds that modifications are necessary to permit the reorganization of the debtor and assure that all creditors, the debtor, and all affected parties are treated fairly and equitably and that the balance of equities clearly favors the modification sought by the trustee. Permits the court, before issuing a final order, to authorize the trustee to implement interim changes in benefits not provided by a collective bargaining agreement, if essential to the continuation of the debtor's business, or in order to avoid irreparable damage to the estate. Provides that any retiree benefits paid between the filing of a petition and confirmation of a plan shall not be deducted from amounts calculated for claims for unpaid future retiree benefits or for any benefits not provided due to modifications, unless otherwise agreed by the debtor and the authorized representative. Requires a reorganization plan to place all claimants for retiree benefits in a separate class consisting only of such claimants. Requires that a plan, to be fair and equitable with respect to such claimants: (1) provide that each claim holder of such class receive property of a value equal to the allowed amount of such claim; or (2) provide that each claim holder of such class receive such value as found by the court to represent the minimum reduction in retiree benefits consistent with the ability of the debtor to provide such benefits after plan confirmation. Provides for the retroactive application of this Act.
United States · United States Congress · 19 February 1987
United States - Mexico Border Health Education and Training Act of 1987 - Requires the Secretary of Health and Human Services, from amounts allotted to each State, to make grants to and enter into contracts with schools of medicine and osteopathy to establish and operate health education and training center (border center) programs along the border with Mexico (in Arizona, California, New Mexico, and Texas). Requires such border center programs to be cooperative programs between such schools and one or more private or public health education centers located along the border. Requires each border center to have an advisory board. Authorizes appropriations for FY 1988 through 1990.
United States · United States Congress · 19 February 1987
Medicare Community Nursing and Ambulatory Care Act of 1987 - Amends title XVIII (Medicare) of the Social Security Act to permit Medicare beneficiaries (other than those with end-stage renal disease) to enroll with eligible organizations with which the Secretary of Health and Human Services enters a contract for the provision of community nursing and ambulatory care on a prepaid, capitated basis. Lists the services and supplies which comprise community nursing and ambulatory care. Defines an "eligible organization" as a public or private entity which: (1) primarily engages in the provision of community nursing and ambulatory care; (2) provides such care through or under the supervision of a registered nurse; (3) maintains clinical records on all patients; and (4) maintains procedures for referring cases to or consulting with other health care providers. Requires the Secretary to annually publish a per capita rate of payment for each class of enrollees equal to 95 percent of the adjusted average per capita cost for such class. Directs the Secretary to make monthly prepayments to such organizations in accordance with such rates. Authorizes retroactive payment adjustments to account for differences between the actual number of enrollees and the number of enrollees estimated for the purpose of determining the advance payment. Prohibits enrollee charges from exceeding charges for which they would be liable in the absence of their enrollment. Authorizes eligible organizations to provide enrollees with optional additional care. Requires the provision of additional care where the average of the per capita rates of payment to an organization exceeds the adjusted community rate for community nursing and ambulatory care, unless the organization elects to have such payments reduced or withheld. Makes certain Medicare provisions which are applicable to health maintenance organizations and competitive medical plans applicable to organizations providing care pursuant to this Act, including provisions regarding: (1) enrollment periods; (2) enrollee grievance procedures; (3) health care quality assurance programs; and (4) the organization's status as a secondary payor.
United States · United States Congress · 19 February 1987
Amends the Impoundment Control Act of 1974 to provide that any deferral of budget authority proposed by the President shall not take effect unless the Congress, within 45 legislative days after receiving the President's proposal, completes action on a bill making such deferral.
United States · United States Congress · 19 February 1987
Designates March 11, 1987, as National Operation Prom/Graduation Kickoff Day, marking the start of planning of drug- and alcohol-free activities for students during the commencement season.
United States · United States Congress · 18 February 1987
Uniform Product Safety Act of 1987 - States that this Act governs any civil action brought against a manufacturer or product seller for personal injury or damage caused by a product. Supersedes any inconsistent State law regarding recovery in such such actions. Lists specific laws not superseded, including: (1) defenses of sovereign immunity asserted by the United States or any State; (2) any Federal law (except the Federal Employees Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; and (5) the right of any court to transfer venue. Allows any State to develop and implement expedited product liability claims procedures. Establishes uniform national standards for product liability actions. Subjects a product manufacturer to liability if the claimant establishes that: (1) the manufacturer manufactured an unreasonably dangerous product; (2) the product failed to conform to an express warranty made by the manufacturer; (3) the manufacturer was negligent in designing the product; or (4) the manufacturer failed to provide appropriate warnings or instructions. Treats a product seller as a manufacturer where: (1) the manufacturer is not subject to a service of process in any State where the action might be brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Subjects a product seller to liability if the claimant establishes that: (1) the product failed to conform to an express warranty made by the product seller; (2) the product seller did not exercise reasonable care in assembling, inspecting, or maintaining such product; or (3) the product seller did not exercise reasonable care in passing on the manufacturer's warnings or instructions. Establishes defenses in such actions with respect to: (1) manufacturing practices in light of existing technology; and (2) compliance with Government standards and contract specifications; and (3) claimant's intoxication. Holds each defendant found responsible for the harm jointly and severally liable. Makes a product seller or manufacturer liable for punitive damages if such seller or manufacturer: (1) knowingly destroyed or failed to make available evidence whose production is required; or (2) manifested a conscious and flagrant indifference to consumer safety. Lists factors to be considered in setting the amount of punitive damages. Limits punitive damages to treble damages plus costs. Provides that punitive damages may not be awarded where: (1) a drug or medical device complied with certain Government standards; or (2) an aircraft was certified by the Secretary of Transportation under the Federal Aviation Act of 1958. Establishes a 25-year statute of repose. Requires any damage award to be reduced by the amount of workers' compensation benefits paid. Establishes a Federal Product Liability Study Panel to study: (1) existing and proposed expedited product liability claims procedures; (2) Federal and State workers' compensation systems; and (3) nonjudicial methods for resolving product liability claims. Requires the Panel to report to specified congressional committees within two years of enactment of this Act.
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 the Internal Revenue Code to allow a tax-exempt organization all of whose members primarily coach football as full-time employees of four-year colleges or universities to have a pension plan with a qualified cash or deferred arrangement, provided such organization was in existence on September 18, 1986. Requires such a plan to be treated as a multiemployer plan.
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 · 10 February 1987
Great Lakes Emergency Shoreline Protection Act - Establishes a federally guaranteed loan program for the protection from shoreline erosion of improvements to residential real property contiguous with the Great Lakes. Sets forth conditions for loan eligibility and State subsidies. Sets forth related authorities of the Secretary of Housing and Urban Development, including authority to establish limitations on interest rates on eligible loans, to make foreclosures, and transfer guarantees. Directs the Secretary of the Army, acting through the Chief of Engineers, to: (1) develop minimum standards for shoreline erosion protection; and (2) report to the Congress on damage from subsurface water seepage. Requires the Secretary of Housing and Urban Development and the Secretary of the Army to submit to the Congress a single report on the effectiveness of the shoreline protection program. Authorizes FY 1987 through 1992 appropriations.
United States · United States Congress · 10 February 1987
Thrift Forbearance and Supervisory Reform Act - Amends the Home Owners' Loan Act of 1933 to authorize a qualified Federal savings and loan association to amortize on its financial statements over five to ten years any loss it would otherwise be required to reflect in its financial statement for a calendar year through 1991. Defines a "qualified association" as any association: (1) that is located in a region which the Federal Home Loan Bank Board has designated as economically depressed; or (2) if a significant portion of all the loans held by such association are loans to borrowers in such regions or loans secured by real property in such regions. Directs the Board to allow an association which engages in troubled debt restructuring involving only modification of the terms of the original debt instrument, under certain conditions and to the extent consistent with generally accepted accounting principles, to: (1) account for the effects of the debt restructuring prospectively; and (2) continue to account for such association's investment in the original debt instrument in the amount recorded before such restructuring. Requires the Board to prescribe regulations that: (1) require accurate disclosure of the status of such troubled debt restructuring in the association's reports of condition; and (2) may provide for the classification of restructured assets as "Restructured and in Compliance with Modified Terms." Provides that any Board regulation which prescribes procedures and standards for appraising the value of association loans for accounting purposes, classifying association loans, or establishing reserves or allowances for possible losses on association loans shall not be effective to the extent it is inconsistent with generally accepted accounting principles. Prohibits the Board from implementing or enforcing any such standard or procedure not promulgated by regulation. Requires any amount which an association holds as a general or unallocated reserve or allowance for possible loan losses to be treated as capital for purposes of determining regulatory capital and regulatory net worth for such association. Amends the National Housing Act to make the same amendments with respect to the Federal Savings and Loan Insurance Corporation (FSLIC) and FSLIC-insured institutions. Amends the Federal Home Loan Bank Act to direct the Board to establish a procedure under which and association, insured institution, or member institution may appeal for and obtain a review by the principal supervisory agent for its Federal home loan bank district of any determination by any examiner or other employee of the Board, the FSLIC, or the Federal Home Loan Bank for such district concerning the appraisal of an association's or institution's loan, the classification of a loan, or any requirement to establish or add to a reserve or allowance for a possible loss on any loan. Requires such procedures to provide for the appointment by the supervisory agent, at the request of the association or institution, of a panel of independent arbiters who shall review the appealed determination and report its recommendations to the supervisory agent. Requires the requesting association or institution to pay all panel expenses. Requires the Board to establish procedures for periodically reviewing the regulations prescribed by the Board and the FSLIC and the regulatory responsibilities shared by the Board, the FSLIC, and the Federal Home Loan Banks to ensure that the Board's overall regulatory structure remains responsive and sufficiently coordinated under changing conditions. Directs the Board to ensure that: (1) associations and institutions have the flexibility to renegotiate acquisition, development, and construction loans without incurring unnecessary regulatory delays in receiving approval or having such renegotiated loans treated as new loans for regulatory purposes if such treatment would not be required under generally accepted accounting principles; (2) examiners and other employees of the Board, the FSLIC, and the Federal Home Loan banks have sufficient flexibility in classifying loans held by the institutions they supervise to take into account differences in the types of institutions, the types of loans examined, and local economic conditions; and (3) such examiners and employees have sufficient flexibility to take into account other sources of credit of a borrower, in addition to the financial assets pledged to secure a loan, in classifying the assets of the institution holding the loan. Authorizes the Board to allow such supervisory agents to waive the requirement that any loan renegotiation be approved by such an agent, if a supervisory agreement between the appropriate Federal Home Loan Bank and the association or institution, which provides adequate guidelines for such renegotiations, is in effect at the time of the renegotiation. Directs the Board to establish guidelines for determining when a reappraisal of property shall be required upon any foreclosure on such property by an association or institution. Requires the Board to prohibit the amount of any association or institution loan, secured by real property, for the acquisition, development, or construction of commercial real estate, from exceeding the lesser of: (1) the sum of the appraised value of such property at the time the loan is made and the expected value of improvements to be financed by the loan; or (2) the sum of the purchase price of the property, the aggregate amount of expenditures incurred by the borrower for property improvements as of the time the loan is made, and the expected aggregate amount of expenditures to be incurred for improvements and financed with loan proceeds. Provides for the waiver of such limitation for certain property. Provides that the estimated expenditures and receipts of the FSLIC included in the annual Federal budget submitted to the Congress by the President shall be submitted to the President before October 16 of each year and included in the President's budget without change. Exempts the FSLIC, the Financial Institutions Examination Council, the Federal Reserve Board, Federal reserve banks, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency from fiscal, budget, appropriation, and fund apportionment requirements. Excludes the FSLIC and its officers and employees from coverage under the civil service laws. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt FSLIC funds from reduction under any sequestration order. Provides that the number of employees of the FSLIC shall not be subject to any limitation imposed by any executive branch officer outside such agency. Directs the FSLIC to: (1) establish a procedure for transferring officers or employees out of the civil service in response to changes made by this Act and for compensating such employees for resulting losses in rights or benefits; and (2) take appropriate steps to establish health, welfare, retirement, and other benefit programs for employees and their dependents. Subjects the FSLIC to audits by the Comptroller General. Establishes the FSLIC as a mixed-ownership Government corporation (currently listed as a wholly-owned Government corporation). Directs the Board to: (1) study the feasibility of establishing an asset acquisition corporation as a subsidiary of the Federal Assets Disposition Association to relieve thrift institutions of the burden of holding and maintaining real estate assets by acquiring such assets in exchange for debt securities; and (2) report its findings and appropriate legislative recommendations to specified congressional committees within four months after enactment of this Act.
![Official portrait of Rep. Oakar, Mary Rose [D-OH-20]](https://www.congress.gov/img/member/o000001_200.jpg)