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Official portrait of Rep. Rowland, J. Roy [D-GA-8]

Rep. Rowland, J. Roy [D-GA-8]

United States · Official source

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1,518 records where Rep. Rowland, J. Roy [D-GA-8] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 3889 (100th)open

Child Protection and Obscenity Enforcement Act of 1988

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.

Bill· HRH.R. 3865 (100th)open

A bill to amend the Internal Revenue Code of 1986 to permit tax-free sales of diesel fuel for use on a farm or for other off-highway uses.

United States · United States Congress · 27 January 1988

Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes or for any other use not as a fuel in a diesel-powered highway vehicle or train. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)

Bill· HRH.R. 3850 (100th)open

A bill to amend the Internal Revenue Code of 1986 to permit tax-free sales of diesel fuel for use on a farm.

United States · United States Congress · 25 January 1988

Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)

Bill· HRH.R. 3807 (100th)reported

Local Government Infrastructure Financing Improvement Act of 1987

United States · United States Congress · 18 December 1987

Local Government Infrastructure Financing Improvement Act of 1987 - Amends the Public Works and Economic Development Act of 1965 to direct the Secretary of Commerce to provide local governments technical assistance with respect to financing construction, repair, and expansion of public works facilities, including provision of information necessary to familiarize local governments about the use and availability of tax-exempt public works facility bonds for such financing. Requires the Secretary to report biennially to specified congressional committees on local government public works financing practices. Amends the Internal Revenue Code to: (1) raise from $5,000,000 to $25,000,000 the threshold amount of tax-exempt bonds that a small governmental unit may issue and still remain within the exception from arbitrage rebate requirements; and (2) increase from ten percent to 25 percent the amount of tax-exempt government bond proceeds that may be used by a nongovernmental entity for private purposes without triggering treatment of the bond issue as a taxable private activity bond. Limits the latter provision to governmental issuers whose reasonably anticipated amount of tax-exempt obligations to be issued during the calendar year is $25,000,000 or less. Caps at $25,000,000 the amount of bonds to which the issuer may apply the 25 percent private use test in any year.

Bill· HRH.R. 3790 (100th)open

A bill to establish certain limitations on the approval of hydropower projects at Lake Tobesofkee in Bibb County, Georgia.

United States · United States Congress · 17 December 1987

Prohibits the Federal Energy Regulatory Commission from issuing any permit, license, or exemption to any public or private entity relating to any hydroelectric power project located at Lake Tobesofkee in Bibb County, Georgia, without having obtained the prior consent of the governing body of Bibb County.

Bill· HRH.R. 3742 (100th)reported

A bill to amend title 38, United States Code, to authorize erection of a memorial and museum on federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate United States participation in that conflict.

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.

Bill· HRH.R. 3719 (100th)open

A bill to amend the Internal Revenue Code of 1986 to extend the targeted jobs tax credit, and for other purposes.

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.

Resolution· HCONRESH.Con.Res. 223 (100th)referred

A concurrent resolution expressing the sense of Congress that in 1988 in celebration of the millennium of the Christianization of Kievan-Rus' the Soviet Union should proclaim a general amnesty for imprisoned Christians and allow Christians to practice their faith within their churches and homes.

United States · United States Congress · 8 December 1987

Expresses the sense of the Congress that, in celebration of the millennium of the Christianization of Kievan-Rus', the Soviet Union should: (1) comply with its international obligations and allow Christians to practice their faith without harassment; (2) grant a general amnesty for all Christians who have been imprisoned because of their religious beliefs; (3) allow religious believers to practice their faith freely; (4) permit unlimited publication, distribution, and importation of religious materials; and (5) allow closed churches to reopen, new churches to be built, and theological seminaries to open or expand.

Bill· HRH.R. 3654 (100th)passed

Dwight David Eisenhower Commemorative Coin Act of 1988

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.

Bill· HRH.R. 3628 (100th)open

A bill to authorize the Vietnam Women's Memorial Project, Inc., to establish a commemorative statue to recognize and honor the women of the Armed Forces of the United States who served in the Vietnam war.

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.

Bill· HRH.R. 3635 (100th)referred

A bill to amend the Internal Revenue Code of 1986 to retain a capital gains tax differential, and for other purposes.

United States · United States Congress · 10 November 1987

Repeals provisions of the Tax Reform Act of 1986 relating to the taxation of both individual and corporate capital gains. Provides that the Internal Revenue Code shall be applied and administered as if such provisions had not been enacted. (The capital gains tax rate for corporations would generally be 28 percent.) Amends the Internal Revenue Code to revise the method of calculating the deduction for capital gains of noncorporate taxpayers. Allows a capital gains deduction equal to: (1) 100 percent for assets held five years or longer; (2) 60 percent for assets held for between three and five years; and (3) 40 percent for assets held for between one and three years. Amends the Deficit Reduction Act of 1984 to increase the holding period required for long-term capital gain tax treatment of property acquired after 1986.

Resolution· HRESH.Res. 290 (100th)referred

A resolution expressing the sense of the House of Representatives on the reforms to be taken by the Government of Nicaragua in order to bring about lasting peace, pluralism, and democracy in Nicaragua.

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.

Bill· HRH.R. 3470 (100th)open

Omnibus Taxpayers' Bill of Rights Act

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.

Law· HRH.R. 3471 (100th)enacted

Department of Veterans Affairs Act

United States · United States Congress · 13 October 1987

Department of Veterans Affairs Act - Redesignates the Veterans Administration (VA) as the Department of Veterans Affairs (the Department), an executive department within the executive branch of the Government. Provides that the Department shall be headed by the Secretary of Veterans Affairs, to be appointed by the President, by and with the advice and consent of the Senate. Designates as other principal officers of the Department the Deputy Secretary, the Chief Medical Director, and the Chief Benefits Director. Provides for the temporary continuation of service of the current Administrator, Deputy Administrator, Chief Medical Director, and Chief Benefits Director of Veterans Affairs. Establishes within the Department eight Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, to perform such functions as the Secretary may prescribe. Directs the Secretary to assign to one such Assistant Secretary all functions regarding the National Cemetery System and the State cemetery grant program. Outlines functions which the Secretary shall assign to the Assistant Secretaries. Provides for the temporary continuation of the performance of such functions by present personnel until such functions are assigned to an individual appointed as Assistant Secretary under this Act. Redesignates the current VA's Department of Medicine and Surgery as the Veterans Health Services Administration of the Department. Redesignates the VA's current Department of Veterans Benefits as the Veterans Benefits Administration of the Department, whose primary function shall be to administer nonmedical programs which provide assistance to veterans, their dependents, and their survivors. Establishes within the Department the Office of the General Counsel. Redesignates the current Office of Inspector General of the VA as the Office of Inspector General of the Department. Provides that any references to departments or positions under the current VA system shall be considered to be references to such departments and positions of the Department as modified under this Act. Provides continuing effect of all legal documents, suits, actions, and property and resources of the current VA. Directs the Secretary of Veterans Affairs, after appropriate congressional consultation, to prepare and submit to the Congress proposed legislation containing technical and conforming amendments to reflect the changes made under this Act. Requires such legislation to be submitted no later than six months after the enactment of this Act. Provides that any spending authority of the Department is subject to available amounts as provided in appropriation Acts.

Bill· HRH.R. 3460 (100th)open

Veterans' Employment and Training Act of 1987

United States · United States Congress · 9 October 1987

Veterans' Employment and Training Act of 1987 - Amends Federal veterans' benefits provisions to require the administrative head of the employment service in each State to assign local veterans' employment representatives (LVERs) to the staffs of local employment service offices. Outlines various functions to be performed by such LVERs in service to veterans in such employment area, including: (1) maintaining ties with the local community in order to keep business leaders aware of the availability of qualified veterans for employment; (2) encouraging business owners and labor unions to hire qualified veterans; (3) promoting, facilitating, and monitoring the participation of veterans in Federal and federally-funded employment and training programs; (4) working closely with Veterans Administration (VA) personnel engaged in providing counseling and rehabilitative services to veterans in identifying qualified disabled veterans who need employment; (5) assisting in securing and maintaining current information regarding available employment and training opportunities; and (6) assisting Federal and State agencies to obtain prosthetic and sensory aids and devices which enhance the employability of disabled veterans. Requires each LVER to be administratively responsible to his or her local employment service manager and provide periodic reports to such manager and to the Director for Veterans' Employment and Training regarding compliance with Federal law and regulations in the provision of such services to veterans. Directs the Secretary of Labor, acting through the Assistant Secretary of Labor for Veterans' Employment and Training, to make available during each fiscal year for use in each State an amount sufficient to support a specified number of LVERs, depending upon the number of eligible veterans residing in such local employment area, and on the number of eligible veterans residing in such State at the end of the previous fiscal year. Outlines a method for determining the number of LVERs to be so supported in each State. Outlines requirements for the proper registration of an individual for assistance with a local employment office during a program year. Amends general veterans' administrative provisions to require the Secretary, through the Assistant Secretary, to: (1) carry out all provisions under the Secretary's jurisdiction for the provision of employment and training services to eligible veterans; (2) encourage the entering into of cooperative agreements with private industry and business concerns in order to make maximum use of available resources; (3) ensure that maximum effectiveness and efficiency are achieved in the provision of services and assistance to eligible veterans; (4) ensure that job placement activities are carried out in coordination and cooperation with appropriate State public employment service officials; (5) monitor and supervise the distribution and use of funds provided for States for veterans' assistance purposes; (6) monitor the appointment of disabled veterans' outreach specialists and the assignment of LVERs in order to assure compliance with specified Federal provisions; and (7) promote, facilitate, and monitor participation of qualified veterans and eligible persons in employment and training opportunities under the Job Training Partnership Act and other Federal and federally-funded employment and training programs. Outlines administrative provisions concerning the distribution of funds and the terms and conditions of grants to States for the above purposes. Directs the Secretary to assign to each region for which the Secretary operates a regional office a representative of the Veterans' Employment and Training Service (who shall be an eligible veteran) to serve as the Regional Administrator for Veterans' Employment and Training in such region. Outlines responsibilities of such Regional Administrator relating to the employment of qualified veterans in such region. Establishes in the Department of Labor the position of Deputy Assistant Secretary of Labor for Veterans' Employment and Training within the Senior Executive Service. Requires such appointment no later than the beginning of program year 1989. Revises certain administrative provisions to provide for the budgeting of the National Veterans' Employment and Training Service Institute. Directs the Secretary, no later than December 1 annually, to report to the appropriate congressional committees on the provision of employment and training services to meet the needs of veterans. Specifies general contents of such report. Adds certain specified monitoring responsibilities to those required at the State level for the Directors for Veterans' Employment. Directs the Secretary, through the Assistant Secretary, to establish and make available necessary funds to operate a National Veterans' Employment and Training Service Institute (the Institute) for the training of disabled veterans' outreach program specialists, LVERs, State Directors and Assistant State Directors for Veterans' Employment and Training, and other personnel involved in the provision of employment, job-training, counseling, placement, and related services to veterans. Adds representatives of the Secretary of Education, the Postmaster General, and the Director of the ACTION Agency to those required to be represented on the Secretary of Labor's Committee on Veterans' Employment. Authorizes the Secretary, in appointing a State Director or Assistant Director for Veterans' Employment and Training, to waive the required State residency requirement if the Secretary finds that there is no qualified veteran available who meets such requirement.

Bill· HRH.R. 3454 (100th)open

Medicaid Home and Community Quality Services Act of 1987

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.

Bill· HRH.R. 3449 (100th)open

A bill to amend title 38, United States Code, to improve health-care programs of the Veterans' Administration.

United States · United States Congress · 7 October 1987

Amends Federal veterans' benefits provisions to authorize the Administrator of Veterans Affairs (the Administrator) to establish, at any Veterans Administration (VA) medical center at which significant medical or scientific research is carried out, a nonprofit research corporation to carry out and administer funding for approved research at such center. Requires any such nonprofit research corporation (NRC) to comply only with those Federal laws, rules, and regulations that apply generally to private nonprofit corporations. Requires the Administrator to dissolve such corporation if, at the end of the three-year period following its establishment, it is not recognized as a non-taxable entity under Internal Revenue Code regulations. Outlines administrative provisions concerning such NRCs, including the creation of a board of directors, general powers, and State laws applicable to such NRCs. Empowers the Inspector General of the VA with the right to examine the records of each NRC. Requires each NRC to submit annual reports to the Administrator on its activities. Requires each NRC board member and each VA employee involved in NRC functions to submit to the Administrator an annual statement certifying awareness of Federal conflict of interest regulations. Prohibits any NRC from being established after September 30, 1990. Amends Federal veterans' benefits provisions to authorize the Administrator to enter into agreements for the recruitment and retention of registered nurses at those VA medical centers with a significant shortage of registered nurses. Provides that any such agreement entered into will require the registered nurse to agree to serve in the VA for a period of time of not less than two nor more than four years. Authorizes the Administrator to pay incentive pay at specified rates for nurses consenting to enter into such agreements. Requires repayment to the VA by any registered nurse receiving such incentive pay and failing to complete the agreed-upon period of service. Allows the Administrator to authorize the use of the official seal and other symbols of the VA by any person who makes a significant gift or contribution to the Administrator for the support of special recreational activities which further the rehabilitation of disabled veterans. Prohibits any appropriation for a major medical facility project unless both the Senate and the House Veterans' Affairs Committees have adopted a resolution approving such project and setting forth the estimated cost of such project. Authorizes the Chief Medical Director of the VA's Department of Medicine and Surgery to waive certain license requirements for the appointment of a practical or vocational nurse or physical therapist if: (1) such person is to be employed in a research position having no direct responsibility for patient-care services; or (2) such person is to be employed in a country other than the United States and the licensure or registration of such person is in the country in which the person is to serve. Authorizes the Director to waive a required internship for employment as a psychologist if the position is a research or academic position with no responsibility for direct patient-care services. Authorizes the Administrator to make additional personnel appointments of pharmacists and occupational therapists within the VA for the care and treatment of veterans. Authorizes special pay for such medical personnel who agree to serve for a specified period of time. Authorizes the Veterans' Canteen Service to operate child day care centers at VA medical facilities for the care of the children of VA employees. Authorizes the Service to establish reasonable charges for the provision of such care. Requires the Administrator to assign suitable employees to the operation of such day care centers. Requires the Administrator, when entering into a contract which would convert an activity formerly performed by Federal employees into an activity performed by a Government contractor, to receive responsible bids from at least two financially autonomous bidders before such a contract may be awarded. Establishes an income limit for determining a veteran's eligibility for VA domiciliary care.

Bill· HRH.R. 3400 (100th)open

Hatch Act Reform Amendments of 1988

United States · United States Congress · 1 October 1987

Federal Employees' Political Activities Act of 1987- Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using or attempting to use, or permitting the use of, any official information unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employees' official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Describes such a political appointee as one: (1) whose duties and responsibilities continue outside normal duty hours and while away from the normal duty post; (2) who is paid from an appropriation for the Executive Office of the President; (3) whose position is located within the United States; and (4) who determines policies to be pursued by the United States in its relations with foreign powers or in the nationwide administration of Federal laws. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Directs the Special Counsel to prescribe rules and regulations to implement this Act. Applies this Act to postal employees and employees of the Postal Rate Commission.

Bill· HRH.R. 3357 (100th)referred

A bill to amend the Food Security Act of 1985 to increase the number of acres placed in the conservation reserve program, and for other purposes.

United States · United States Congress · 29 September 1987

Amends the Food Security Act of 1985 to expand progressively the conservation reserve program to 65,000,000 acres by the end of the 1990 crop year. Directs the Secretary of Agriculture (Secretary) to report to specified congressional committees by January 1, 1988, on the inclusion in the program of lands other than highly erodible lands. Authorizes cash and in-kind conservation reserve incentives. Directs the Secretary to expand the quantity of land eligible for conservation reserve programs for acreage devoted to trees. Provides for commercial use of conservation reserve acreage under certain conditions. Revises the ownership/operation requirements related to contracts under the conservation reserve program. Requires the Secretary, in determining the acceptability of contract offers, to consider the land's fair market and rental values. Extends through FY 1990 the authority of the Secretary to use the Commodity Credit Corporation to carry out the conservation reserve program. Directs the Secretary, not later than July 1, 1988, to formulate and implement a groundwater pilot program to assist owners and operators of eligible land in conserving and improving the soil and water resources of their farms or ranches. Makes eligible for such program land: (1) that is irrigated for certain crops in an area identified as subject to the overdraft of groundwater; or (2) that is associated with an aquifer adversely affected by such irrigation. Amends the Agricultural Programs Adjustment Act of 1984 to require the Secretary to implement a program for the reamortization of certain loans based on future revenue from softwood timber crops. (Under current law, the program is discretionary.) Increases from 50,000 acres to 200,000 acres the amount of land that may be placed in such a program.

Bill· HRH.R. 3161 (100th)open

A bill to amend title 38, United States Code, to authorize certain additional medical services for veterans with service-connected disabilities.

United States · United States Congress · 6 August 1987

Amends Federal veterans' benefits provisions to authorize the Administrator of Veterans Affairs to provide medical services to a veteran (and, if necessary, to a veteran's spouse) to the extent necessary to overcome the effects of a service-connected disability of the veteran which impairs or prevents the ability of the veteran and his or her spouse to conceive a child. Excludes certain procedures and services from those permitted as part of such medical services provided (such as artificial insemination and the use of surrogate mothers).

Bill· HRH.R. 3071 (100th)open

AIDS Federal Policy Act of 1987

United States · United States Congress · 30 July 1987

AIDS Federal Policy Act of 1987 - Amends the Public Health Service Act to create a new title on acquired immune deficiency syndrome (AIDS). Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to make grants for counseling and testing regarding the etiologic agent for AIDS. Specifies eligibility requirements for grants. Directs the Secretary, in making the grants, to give preference to applicants who will provide the counseling and testing in any geographic area with a significant incidence of AIDS. Prohibits the Secretary from making a grant unless the applicant submits an application containing agreements in accordance with specified provisions of this Act. Prohibits the Secretary from making a grant unless the applicant agrees to: (1) ensure the confidentiality of information and records; (2) test individuals only after obtaining informed consent; (3) provide counseling regarding certain matters before testing any individual; (4) provide counseling both for individuals testing negative and for individuals testing positive; (5) offer, to the extent permitted under State law, opportunities for an individual to undergo counseling and testing without the individual being required either to provide information regarding the individual's identity or using a pseudonym; (6) not require the individual to undergo testing as a condition of receiving health services, unless the testing is medically necessary in the provision of the health services; (7) use funds from the grant to significantly increase the availability of counseling and testing above the level previously provided by the applicant; (8) provide the counseling and testing without regard to the ability of the individual to pay charges imposed by the applicant, if any; (9) establish fiscal control and fund accounting regarding the grant; and (10) expend not more than ten percent of the amounts received for administering the grant. Authorizes the Secretary, on request of a grantee, to provide supplies and services in lieu of grant funds. Authorizes appropriations for FY 1988 through 1990. Prohibits, except as provided in this Act, disclosure of identifying information with respect to a protected individual or a contact of such individual. Describes persons subject to such prohibition. Provides for civil and criminal penalties for violation of the prohibition, and for injunctive relief. Authorizes disclosure of identifying information regarding a protected individual and a contact of the individual with consent of the protected individual. Authorizes certain persons subject to prohibition of disclosure to disclose identifying information without consent of the protected individual, in certain circumstances and for certain purposes, to: (1) health care professionals and providers; (2) the protected individual; (3) State public health officers; (4) medical facilities receiving blood, semen, breast milk, or an organ from the individual; and (5) others, as medically necessary. Authorizes redisclosure by recipients of information disclosed under the same terms and conditions as the original disclosure. Authorizes a court of competent jurisdiction to order disclosure of identifying information if the court determines, after due process, that the disclosure is necessary to prevent a clear and imminent danger of transmission of the etiologic agent for AIDS. Provides for confidentiality of court records. Authorizes physicians or professional counselors to disclose identifying information with respect to a protected individual to the individual's spouse or sexual partner, if the physician or counselor believes the disclosure is medically appropriate and that the protected individual will not inform the spouse or sexual contact with regard to the identifying information involved. Requires any person who discloses identifying information permitted by this Act, subject to exception, to: (1) accompany disclosure with a statement declaring that subsequent disclosure of the information may be prohibited by law; and (2) notify a living protected individual of the disclosure. Prohibits discrimination against an otherwise qualified individual, solely by reason of the fact that the individual is, or is regarded as being, infected with the etiologic agent for AIDS: (1) in employment, housing, public accommodations, or governmental services; and (2) in the provision of benefits under any program or activity that receives or benefits from Federal financial assistance. Provides guidelines for the construction of the term "otherwise qualified individual." Provides for civil penalties for violation of the prohibition against discrimination, and for injunctive relief. States that the prohibition of discrimination shall not be construed to prohibit life or health insurance organizations from requiring applicants for insurance to undergo testing for the purpose of determining whether the applicant is infected with such etiologic agent.