United States · United States Congress · 16 February 1988
Amends the Internal Revenue Code to allow an individual taxpayer a refundable income tax credit, in an amount based on adjusted gross income (minimum credit of $150), for each dependent below the age of compulsory school attendance in the State where the taxpayer resides. Sets the maximum credit amount as the total employee tax withheld from the taxpayer's wages during the year under the Federal Insurance Contributions Act. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 15, unless the child is physically or mentally incapable of self-care.
United States · United States Congress · 9 February 1988
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the Administrator of the Environmental Protection Agency from granting a permit to a municipality to dump sewage sludge into the ocean after 1988, unless it enters into a compliance agreement with the Administrator before 1989 containing a schedule for the full implementation of an alternative sludge disposal system within five years of such agreement. Prohibits continued ocean dumping, unless the Administrator is notified of such dumping and the municipality is in compliance with its schedule for the implementation of an alternative sludge disposal system. Directs the Administrator to make biannual reports to the Congress regarding schedule compliance. Fines municipalities which violate compliance or notification requirements or dump sludge at unauthorized ocean sites. Places such fines in a newly-created Clean Ocean Fund for enforcement, monitoring, and research activities related to ocean dumping.
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 · 3 February 1988
Amends the Internal Revenue Code to exempt from the required application of uniform inventory cost capitalization rules any animal produced in a farming business, regardless of the animal's preproductive period.
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
Expresses the sense of the Congress that if Japanese nationals take whales pursuant to a proposal submitted in October 1987 to the International Whaling Commission before the Commission approves such proposal, the Secretary of Commerce should issue a certification under the Magnuson Fishery Conservation and Management Act that such taking diminishes the effectiveness of the International Convention for the Regulation of Whaling (thus requiring the Secretary of State to reduce the fishery allocation for Japan).
United States · United States Congress · 28 January 1988
Air Travel Rights for Blind Individuals Act - Amends the Federal Aviation Act of 1958 to preclude an air carrier from establishing aircraft seating restrictions based upon a passenger's visual acuity or use of a white cane or dog guide or other such means of assistance.
United States · United States Congress · 18 December 1987
Financial Modernization Act of 1987 - Title I: Securities Affiliates of Bank Holding Companies - Amends the Banking Act of 1933 to repeal specified provisions of such Act which: (1) bar member banks from affiliating with securities firms; and (2) prohibit member banks from employing officers, directors, or employees who are also employed by a firm primarily engaged in securities underwriting. Amends the Bank Holding Company Act of 1956 to allow bank holding companies to own shares of securities affiliates which engage in: (1) underwriting, distributing, or dealing in securities of any type; (2) securities brokerage, investment advisory, or other accepted securities activities; and (3) other activities permitted by the Board of Governors of the Federal Reserve System. Establishes criteria for Board approval of such acquisitions. Prohibits mergers between certain large banks or bank holding companies (those having assets of more than $30,000,000,000) and investment banking organizations (those having assets of more than $15,000,000,000). Establishes criteria (including a notice requirement) for bank holding company funding of securities affiliates. Establishes capital adequacy criteria to be used by the Board in determining whether a bank holding company meets the acquisition guidelines. Establishes restrictions on inter-affiliate transactions, including prohibiting a member bank from: (1) extending credit to the securities affiliate; or (2) purchasing the assets of the securities affiliate. Requires each appropriate Federal banking agency to establish a program for: (1) enforcing compliance with the requirements of this Act; and (2) responding to consumer complaints. Provides that bank holding companies having a securities affiliate that accounts for at least 80 percent of the company's revenues and assets shall not be subject to the inspection, examination, or reporting requirements of the Board. States that acquisition applications which are not acted upon by the Board within 91 days shall be deemed to be granted. Preempts State laws which are inconsistent with this Act. Amends the Federal Deposit Insurance Act to impose additional restrictions on securities affiliations of insured banks. Authorizes national banks to: (1) underwrite certain types of government bonds; (2) sponsor unit investment trusts; and (3) distribute investment company securities. Title II: Expedited Procedures - Amends the Bank Holding Company Act of 1956 to establish (under limited circumstances, where a company acquires control of a bank in a reorganization) expedited procedures for forming a bank holding company. Requires any bank holding company seeking to engage in certain nonbanking activities (as determined by the Board) to notify the Board of such intentions. Allows the Board 60 days to: (1) disapprove the proposal; or (2) extend the time period for Board consideration. Provides limited exceptions from such notice requirements. Requires the Board, in determining whether to disapprove an application under this Act, to consider whether the activity described would produce benefits to the public. Allows the Board to reduce the post-approval waiting period for: (1) bank holding company acquisitions; and (2) bank mergers.
United States · United States Congress · 17 December 1987
DOE Waste Cleanup Act of 1987 - Directs the Secretary of Energy to establish the DOE Hazardous Waste Management and Cleanup Account, which shall be credited with appropriations for hazardous waste activities under the Solid Waste Disposal Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund). Establishes within the Department of Energy the Office of Waste Management and Cleanup to implement the Secretary's hazardous waste disposal functions under the Solid Waste Disposal Act and Superfund. Directs the Secretary to pay the charges imposed by State authorities for hazardous waste disposal permit services on lands which are under the Secretary's jurisdiction to the same extent that non-governmental entities are required to pay for such services. Authorizes the Secretary to enter into agreements on a reimbursable basis with any other governmental entity (or agency) for assistance related to waste management and cleanup carried out by the Director of Waste Management and Cleanup (established under this Act). Requires the Secretary to identify in each annual authorization and appropriations request the portion intended for Office support. Requires the President to set forth separately in budget proposals the amount requested for hazardous waste activities under the Solid Waste Disposal Act and for hazardous substances cleanup activities under the Superfund Act. Cites the budget details which must be included in the Secretary's annual budget submission. Requires the Comptroller General to report annually to the Congress the results of an annual mandatory audit of the Office.
United States · United States Congress · 17 December 1987
Requires the Office of Personnel Management to report, with recommendations, to the Congress on the problem of delays in processing applications for benefits under the Civil Service Retirement System. Directs the Office to examine: (1) current methods and procedures; (2) circumstances where it might be appropriate to provide interim benefits; (3) the feasibility of processing records, forms, and other matters in anticipation of an employee's retirement; and (4) the effectiveness of retirement counselors. Requires the report to contain a plan to allow an individual to go from regular pay to retirement or disability retirement pay without interruption.
United States · United States Congress · 16 December 1987
Directs the Secretary of Defense, during each six-month period beginning on July 1, 1988, to reduce U.S. troops in any NATO-member country, Japan, South Korea, or any other country that participates with the United States in a common defense alliance, in order to offset additional Department of Defense costs resulting from negative currency fluctuations during such six-month period, unless such country reimburses the United States for such costs.
United States · United States Congress · 10 December 1987
Amends Federal veterans' benefits provisions to direct the American Battle Monuments Commission to establish a memorial and museum on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial and museum. Establishes the World War II Memorial and Museum Advisory Board to: (1) promote the establishment of the memorial and museum and encourage the donation of private funds for construction and maintenance; and (2) recommend the site and select the design for the memorial and museum, subject to the approval of the Commission. Authorizes the Commission to solicit private contributions for such memorial and museum. Authorizes Federal funding, in addition to such private funds, for preparation, planning, establishment, construction, and maintenance of the memorial and museum. Authorizes assistance from specified Federal departments and agencies. Authorizes Federal property to be transferred to the Commission, or authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial and museum.
United States · United States Congress · 10 December 1987
Designates January 28, 1988, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 8 December 1987
Amends the Internal Revenue Code with respect to the targeted jobs income tax credit. Extends the credit to employees who begin work in 1989 through 1991. (Current law terminates the credit for employees who begin work after December 31, 1988.) Includes as a targeted group individuals aged 65 or older who are members of economically disadvantaged families. Revises the minimum employment period requirement for purposes of this credit.
United States · United States Congress · 3 December 1987
Designates Clarks Hill Lake and Clarks Hill Dam, located on the Savannah River on the border between Georgia and South Carolina, and the portion of U.S. Route 221 that traverses the dam, as the J. Strom Thurmond Lake, the J. Strom Thurmond Dam, and the J. Strom Thurmond Highway, respectively.
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 · 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 · 10 November 1987
Directs the Secretary of Commerce to adjust census figures as necessary so that illegal aliens shall not be counted for purposes of the apportionment of Representatives in the Congress.
United States · United States Congress · 29 October 1987
Designates the week beginning September 11, 1988, as Total Education Awareness Week, recognizing that the educational experience should address the total needs of children, including their intellectual, psychological, social, and physical needs.
United States · United States Congress · 28 October 1987
Designates the week of May 2 through May 8, 1988, as National Drinking Water Week to enhance awareness of drinking water issues and recognition of the difference that drinking water makes to health, safety, and quality of life.
United States · United States Congress · 22 October 1987
Expresses the sense of the House of Representatives that: (1) Nicaragua should undertake specified reforms, such as reinstating due process and fair trials, ending torture, conducting free elections, allowing an uncensored free press, ensuring the right to strike and to publish for unions, ceasing attacks against civilians, and ending the forced relocation of Indians and Creoles; and (2) all countries in Central America should continue to work toward achieving the democratic principles and processes specified in the August 7, 1987, Central American peace accord.
United States · United States Congress · 21 October 1987
Recommends that the Government lend support to efforts to overturn United Nations General Assembly Resolution 3379 (XXX), which equates Zionism with racism.
United States · United States Congress · 20 October 1987
States that funds made available to carry out the Anti-Drug Abuse Act of 1986 may not be used to provide counsel who assist defendants accused of violations of the Controlled Substances Act or similar State or local laws.
United States · United States Congress · 15 October 1987
Designates March 18, 1988, as National Energy Education Day to promote and enhance energy education programs at all grade levels of public and private schools.
United States · United States Congress · 14 October 1987
Requires the Clerk of the House of Representatives and the Secretary of the Senate, jointly and every 30 days, to determine the aggregate amount of expenditures made by the Congress which are attributable to the House Select Committee to Investigate Covert Arms Transactions with Iran and the Senate Select Committee on Secret Military Assistance to Iran. Requires the Clerk and Secretary, in making such determination, to include: (1) all expenditures made by the Select Committees; (2) all expenditures in support of the activities of the Select Committees which have been made by the Architect of the Capitol, the Capitol Police, the Clerk of the House, the Secretary of the Senate, the Congressional Research Service, or any other congressional support entity; (3) the pro rata personnel costs attributable to the time which congressional staff devoted to Select Committee activities; and (4) any other expenditures made by the Congress which are attributable to Select Committee activities. Requires each determination to be made available to the public. Makes this resolution effective until the Clerk and the Secretary report to their respective Houses that no further costs will be incurred which are attributable to the Select Committees.
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 · 8 October 1987
Medicaid Home and Community Quality Services Act of 1987 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of community and family support services for severely disabled individuals who became disabled before age 22 and are living in a family home, foster family home, or community living facility. Requires that such services be provided in accordance with a written habilitation plan developed by an interdisciplinary team on the basis of a comprehensive assessment of the individual's strengths and the services and support necessary to: (1) enable such individual to attain or retain capabilities for independence or self-care; (2) promote interaction between disabled and nondisabled individuals within the community; and (3) enable disabled individuals who are over age 18 to engage in paid employment. Increases the age at which newly disabled individuals will be eligible for this Act's coverage so that eventually individuals who become disabled between age 22 and 50 will be covered. Lists the services which may comprise community and family support services, requiring that such services include at a minimum: (1) case management services; (2) individual and family support services; (3) specialized vocational services; and (4) protective intervention services. Excludes from such services: (1) room and board, other than room and board provided for less than six consecutive weeks and less than 12 weeks per year; (2) cash payments as a service; (3) aversive behavior intervention, management, or therapies; (4) services provided to a disabled individual living in a hospital, or skilled nursing or intermediate care facility; (5) educational services which the State makes generally available to its residents without cost and without regard to their income; and (6) services for which payment is made under title XVIII (Medicare), or part A (Aid to Families with Dependent Children) or B (Child Welfare Services) of title IV of the Act. Requires each State to make certain assurances regarding their provision of community and family support services and submit an implementation strategy to the Secretary of Health and Human Services. Requires that such implementation strategies: (1) describe the extent and scope of community and family support services provided to the severely disabled and the extent and scope of services provided to the severely disabled who are institutionalized; (2) set forth the objectives and a five-year strategy for expanding community and family support services for the severely disabled; (3) include certain procedures for transferring severely disabled, institutionalized individuals to family homes, foster family homes, or community living facilities; (4) set forth standards for the provision of community and family support services and a program for licensing and certifying all facilities and programs providing such services; (5) provide for assessments of the provision and affect of community and family support services and the correction of service deficiencies; (6) provide the public with an adequate opportunity to comment on the strategies; (7) set forth methods ensuring that the personnel providing community and family support services receive adequate training and are competent to provide such services; (8) provide that the State has in effect a management information system capable of collecting, storing, and retrieving data on the severely disabled who receive community and family support services; (9) provide an opportunity for an appeal and hearing before a hearing officer to individuals who believe themselves to be inappropriately served or denied an appropriate service, or who are being scheduled for an involuntary transfer from one living arrangement to another; (10) describe the methods to be used in administering community and family support services; and (11) set forth procedures to protect the interests of public employees who will be affected by the transfer of the severely disabled from public institutions. Allows States to provide any new community and family support service for up to three years without meeting the Medicaid requirements that they provide a service on a statewide basis and that the service be comparable in all parts of the State. Requires that intermediate care facility services for the mentally retarded include the ascertainment of the individual needs of each newly admitted individual by an interdisciplinary team within 30 days and the development of a written habilitation plan for each individual. Limits Medicaid payments to States for skilled nursing and intermediate care facility services furnished to individuals under age 65 who became disabled before age 22 to the amount payable for such services in the fiscal year ending after the enactment of this Act, increased if and by the extent to which the percentage increase in the consumer price index exceeds six percent. Makes such limitation inapplicable to facilities which have less than 16 beds or meet the size and location requirements for a community living facility. Requires States to have in effect a system to protect and advocate those rights of the severely disabled who are eligible for medical assistance which relate to the provision of such assistance. Provides Federal Medicaid matching funds for such system. Gives individuals who are adversely affected by a violation of this Act's requirements the right to bring an action to enjoin such violation. Allows States to set payment rates for community and family support services for the severely disabled. Authorizes States to treat severely disabled individuals under age 19 who are not in a medical institution as receiving benefits under title XVI (Supplemental Security Income) (SSI) of the Act for Medicaid eligibility purposes if they would be eligible for SSI benefits if institutionalized. Requires States to establish a uniform income standard for the severely disabled regardless of whether or not they are in a medical institution. Authorizes States to provide Medicaid coverage of disabled spouses and children who, except for the resources deemed to them, would be eligible for SSI benefits. Removes certain limitations on the Secretary's approval of reduction and correction plans for deficient intermediate care facilities for the mentally retarded. Makes individuals who are severely disabled and receiving or deemed to be receiving SSI benefits eligible for Medicaid as long as such qualifications continue to be satisfied. Directs the Secretary to establish, within the Health Care Financing Administration, a Bureau of Developmental Disabilities Services responsible for administering Medicaid programs for the severely disabled. Requires the Secretary to: (1) develop standards and a program for training Federal and State personnel who perform surveys of skilled nursing and intermediate care facilities to determine whether such facilities meet Medicaid participation requirements; and (2) periodically conduct studies of the reliability of such surveys and make the changes necessary to improve such reliability. Directs the Secretary to support the development of: (1) instruments to assess outcomes in the provision of this Act's services; and (2) competency-based personnel standards for agencies and organizations providing services to the severely disabled pursuant to this Act. Requires the Secretary to: (1) conduct an annual assessment of each State's compliance with this Act's requirements; and (2) issue final regulations regarding this Act's amendments prior to the first fiscal year beginning after this Act's enactment. Sets forth reporting requirements.
United States · United States Congress · 5 October 1987
Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to develop a curriculum for educating emergency response employees (EREs) with respect to the prevention of exposure to infectious diseases during the process of responding to emergencies. Directs the Secretary to establish a task force to assist in developing the curriculum, appointing to the task force representatives of the Centers for Disease Control, State governments, and EREs. Authorizes appropriations. Directs the Secretary to make grants to States to assist in purchasing educational materials and protective equipment recommended in the curriculum, with at least 75 percent of the grant spent for educational materials. Authorizes appropriations. Directs the Secretary to make grants to States to assist in conducting demonstration projects for programs of screening EREs for infectious diseases and immunizing them against vaccine-preventable infectious diseases. Prohibits the grants unless the applicant agrees that screenings and immunizations will be conducted only with the consent of the emergency response employee (ERE) involved. Exempts, from the screening and immunization provisions, infection with the etiologic agent for acquired immune deficiency syndrome (etiologic agent). Authorizes appropriations. Directs the Secretary to make grants to States to assist in the initial implementation of programs of testing notified EREs for infection with the etiologic agent. Prohibits grants unless the applicant agrees that the testing will be conducted only with the consent of the ERE. Requires the amount of the grant to be determined on the basis of the population of the geographic area relative to the U.S. population. Prohibits grants unless the applicant agrees to provide counseling before and, for both those testing negative and those testing positive, after testing. States that such agreements do not prohibit providing the counseling services to an ERE who will not undergo testing. Authorizes appropriations. Requires a medical facility to notify the employer of EREs if the facility determines that a victim the EREs transported to the facility has an infectious disease. Requires a medical facility, upon request of an employer of EREs, to notify the employer if the facility makes a determination that a victim transported by EREs has an infectious disease. Makes notification requirements apply to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death. Requires such disclosure on request by any ERE employer. Sets forth notification procedures. Directs the public health officer of each State to designate one official of each employer of EREs to make requests and receive notifications. Prohibits other individuals from receiving notifications. Provides for notification of EREs and for requests from an ERE to an employer that the employer request notification from the medical facility. Prohibits: (1) persons providing testing or counseling services from disclosing the identity of any notified ERE; and (2) persons receiving a disclosure of protected information from disclosing the information. Provides for exceptions to the prohibitions. Prohibits a person from discriminating against an otherwise qualified notified ERE in employment, housing, public accommodations, governmental services, or the provision of benefits under any program receiving Federal financial assistance, solely because the ERE is, or is regarded as being, infected with the etiologic agent. Prohibits a person who obtains, as a result of notification provisions of this Act, information relating to the identity of a victim of an emergency who is infected with the etiologic agent, from disclosing such information. Provides, for violations of certain provisions of this Act, for civil monetary penalties, injunctive relief, civil causes of action, and criminal penalties.
United States · United States Congress · 1 October 1987
Expresses the sense of the Congress that the Soviet Union's test of ballistic missiles near Hawaii has increased rather than decreased the risk of nuclear war. Condemns the Soviet Union for its actions regarding such test. Declares that the U.S. Government should officially protest such actions. States that the President should report to the Congress concerning the details of such test, the Soviet explanations offered, steps that will be taken to ensure that such a test will not happen in the future, and what effect an SDI system could have against a missile launched in similar proximity to the United States.