United States · United States Congress · 2 February 1987
Volunteer Protection Act of 1987 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal civil liability. Requires each State to certify to the Secretary of Health and Human Services before the beginning of each fiscal year (commencing with FY 1989) that it has enacted or has in effect a State law which provides such immunity. Requires the Secretary to reduce by one percent the fiscal year allotment which would otherwise be made to such State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such law is not in effect.
United States · United States Congress · 28 January 1987
National Quality Improvement Award Act of 1987 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish a National Quality Improvement Award to be evidenced by a medal. Directs the President or a designee to periodically make the award, on the basis of recommendations from the Secretary of Commerce, to companies and other organizations which have substantially benefited the economic or social well-being of the United States through improvements in the quality of their goods and services resulting from the effective practice of quality management. Sets forth categories in which the award may be given. Sets forth criteria for qualification for the award. Directs the Director of the National Bureau of Standards to provide information about the awards and the successful quality improvement strategies and programs of the award-winning participants to all participants and to other appropriate groups. Provides that funding for the award program shall be from gifts from public and private sources and from fees imposed upon organizations applying for the award.
United States · United States Congress · 27 January 1987
Pet Protection Act of 1987 - States that any person using for any research purpose any animal acquired directly or indirectly from any animal shelter shall not be eligible to receive Federal funds under any grant or research protocol of the National Institutes of Health.
United States · United States Congress · 27 January 1987
National Commission on Acquired Immune Deficiency Syndrome Act of 1987 - Establishes the National Commission on Acquired Immune Deficiency Syndrome to: (1) advise the Congress, the President, and Federal agencies on policies and programs designed to reduce the incidence of acquired immune deficiency syndrome (AIDS) and address problems encountered by individuals having AIDS; (2) monitor the progression of AIDS; (3) evaluate AIDS research activities and health services; (4) study the effects that AIDS has had on the armed forces; and (5) identify financial resources available to prevent and treat AIDS. Directs the Commission to report to the President and the Congress. Terminates the Commission 90 days after submitting such report. Authorizes appropriations.
United States · United States Congress · 22 January 1987
Expresses the sense of the Congress that: (1) no Medicare (title XVIII of the Social Security Act) physician payment methodology should be implemented which is based on hospital discharge classifications or requires mandatory assignment; and (2) no drastic change in the Medicare physician payment methodology should be undertaken without the receipt of reports required by legislation enacted in the 99th Congress and a detailed analysis of the long-range impact of such change on the provision of health care.
United States · United States Congress · 21 January 1987
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify a claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one, a new intermediate-level adjudication process; the other, an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees in successful veterans' claims brought before a court as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 21 January 1987
Amends the Immigration and Nationality Act to grant special immigrant status to an alien service member (or veteran), and accompanying spouse and children, who enlisted outside the United States without first being admitted for U.S. permanent residence. Requires at least four years of honorable military service in order to qualify for such status.
United States · United States Congress · 8 January 1987
Amends the Internal Revenue Code to allow an income tax deduction for interest paid or incurred on a qualified educational loan. Defines "qualified educational loan" as any indebtedness incurred to pay the educational expenses of the taxpayer or the taxpayer's spouse or dependent. (Present law requires that such a loan be secured by an interest in real property.)
United States · United States Congress · 8 January 1987
Jacob K. Javits Gifted and Talented Children and Youth Education Act of 1987 - Directs the Secretary of Education to make grants and contracts for programs or projects designed to meet the educational needs of gifted and talented children and youth, including the training of teachers or their supervisors. Sets forth authorized uses of such funds. Directs the Secretary to establish a National Center for Research and Development in the Education of Gifted and Talented Children and Youth through grants to or contracts with one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies. Sets forth program priorities, including the identification and inclusion of gifted and talented children and youth who may not be identified through traditional assessment methods. Sets forth provisions for participation of private school children and teachers. Directs the Secretary to appoint an advisory committee to advise on the administration of this Act. Directs the Secretary to establish or designate an administrative unit within the Department of Education to administer the programs authorized by this Act, coordinate all programs for gifted and talented children and youth administered by the Department, and serve as a focal point of national leadership and information on the educational needs of gifted and talented children and youth and the availability of educational services and programs designed to meet those needs. Authorizes appropriations for FY 1987 through 1991 to carry out this Act.
United States · United States Congress · 8 January 1987
Driftnet Impact Monitoring, Assessment, and Control Act of 1987 - Amends the Magnuson Fishery Conservation and Management Act to revise provisions concerning the presence of a U.S. observer aboard foreign fishing vessels fishing in a U.S. fishery conservation zone. Provides for the waiver of such requirement for specified vessels harvesting anadromous species. Provides that the Secretary of Commerce (the Secretary) shall not approve a foreign vessel's fishing permit application where the facilities aboard such vessels are so inadequate that the health, safety, and welfare of an observer on such vessel cannot be assured. Requires the Secretary, through the Secretary of State, to immediately negotiate with foreign governments conducting driftnet fishing operations off the U.S. coast an arrangement for the reliable monitoring and assessment of the number of fish, seabirds, and other marine creatures killed, discarded, or lost by such government's driftnet fishing vessels in waters beyond the jurisdiction of the United States. Prohibits the Secretary from issuing a permit to any foreign vessel whose government does not enter into such a monitoring arrangement within one year after the enactment of this Act. Directs the Secretary, within one year after the enactment of this Act, to report to the Congress on the implementation of such arrangements. Directs the Secretary, within one year after the enactment of this Act and annually thereafter, to report to the Congress on the impact upon living marine resources of all driftnet fishing off the coasts of the United States. Requires enforcement costs to be taken into consideration when determining fishing permit fees to be charged. Directs the Secretary to implement a net bounty system to pay persons recovering and turning over to the Secretary lost, abandoned, or discarded driftnet or other plastic fishing net material. Requires such payments to be made from the Fishery Vessel and Gear Damage Compensation Fund. Directs the Secretary to develop recommendations to establish a driftnet marking, registry, and identification system to determine the vessel origin of lost, discarded, or abandoned driftnets or driftnet fragments. Directs the Secretary, no later than six months after the enactment of this Act, to report to the Congress concerning such recommendations and their implementation. Establishes a seabird protection zone surrounding the Aleutian Islands off Alaska within which no driftnet fishing is permitted. Directs the Secretary, in cooperation with the Secretary of the department in which the Coast Guard is operating, to enforce such driftnet fishing prohibition.
United States · United States Congress · 8 January 1987
Home Employment Enterprise Act - Amends the Fair Labor Standards Act of 1938 to permit individuals to engage in industrial homework (including sewing, knitting, jewelry, or craftmaking) or perform any service in or about their place of residence as employees of any employer covered by such Act if the employer complies with minimum wage and maximum hours requirements under such Act.
United States · United States Congress · 8 January 1987
Amends rule X of the Rules of the House of Representatives to require each standing committee to review, on a continuing basis and when considering public bills or resolutions, those portions of the President's Private Sector Survey on Cost Control (Grace Commission report) pertaining to such committee's jurisdiction. Amends rule XI to require each committee report on a public bill or resolution to contain: (1) an identification of each recommendation of the Survey to be implemented and the resulting estimated program cost savings or revenue enhancement; and (2) a statement setting forth the disposition of each recommendation pertaining to such bill or resolution.
United States · United States Congress · 7 January 1987
Credit Repair Organizations Act - Amends the Consumer Credit Protection Act to prohibit any credit repair organization (any person who provides a service for the purpose of improving a consumer's credit record) from: (1) charging or receiving any money prior to the completion of its services (unless it has obtained a $50,000 surety bond); (2) charging or receiving money solely for the referral of a customer to a retailer if the credit which may be extended to the buyer is upon substantially the same terms as those available to the general public; (3) advising any client to make an untrue or misleading statement; and (4) using any untrue or misleading statement. Requires the organization to provide the consumer with a written disclosure statement which includes a description of: (1) the consumer's rights; (2) the services to be provided by the organization; and (3) the total amount the consumer will be charged. Sets forth contract requirements and the rights of the consumer with regard to cancellation of such contract. Subjects any organization which fails to comply with any provision of this Act to civil liability. Grants any appropriate U.S. district court jurisdiction in such actions (without regard to the amount in controversy). Provides a two year statute of limitations for such actions (unless the defendant has willfully misrepresented any information required under this Act). Provides for the administrative enforcement of this Act by the Federal Trade Commission, as provided in the Federal Trade Commission Act.
United States · United States Congress · 6 January 1987
Civil Liberties Act of 1987 - Title I: Recognition of Injustice and an Apology on Behalf of the Nation - States that the Congress recognizes that a grave injustice was done to both citizens and resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. Title II: United States Citizens of Japanese Ancestry and Resident Japanese Aliens - Requests the President to offer pardons of those convicted of violating laws during the internment period whose violation was based on a refusal to accept racially discriminatory treatment. Provides that Federal departments and agencies that review applications for restitution of positions, status, or entitlement lost during the internment period shall review such applications giving full consideration to the findings of the Commission on Wartime Relocation and Internment of Civilians. Establishes within the Treasury a Civil Liberties Public Education Fund. Authorizes appropriations for the Fund. Requires the Attorney General to pay $20,000 from the Fund to each surviving internee. Establishes a Board of Directors which shall be responsible for making disbursement from the Fund. Provides that disbursement from the Fund shall be used to: (1) sponsor research and public educational activities dealing with the internment; (2) fund studies of similar civil liberties abuses; (3) prepare and distribute hearings and findings of the Commission; and (4) promote the general welfare of the ethnic Japanese community in the United States. Title III: Aleutian and Pribilof Islands Restitution - Aleutian and Pribilof Islands Restitution Act - Establishes within the Treasury the Aleutian and Pribilof Islands Restitution Fund. Directs the Administrator of the Fund (the Aleutian/Pribilof Islands Association) to make restitution for certain Aleut losses sustained in World War II. Requires the Administrator to establish a trust of $5,000,000 and to distribute the interest of such trust for: (1) the benefit of the elderly, disabled, or seriously ill; (2) students in need of scholarship assistance; (3) preservation of Aleut cultural heritage and historical records; (4) the improvement of community centers of affected Aleut villages; and (5) other purposes to improve Aleut life. Authorizes the Administrator to rebuild and restore churches and church property damaged or destroyed in Aleut villages during World War II. Requires the Secretary of the Treasury to make payments of $12,000 from the fund to each eligible Aleut for any uncompensated personal property loss. Authorizes the Secretary of the Army to implement a program for the removal and disposal of live ammunition, obsolete buildings, abandoned machinery, and other hazardous debris remaining in populated areas of the lower Alaska Peninsula and the Aleutian Islands. Authorizes the Secretary of the Interior to convey to the Aleut Corporation all right, title, and interest of the United States in Attu Island, Alaska. Authorizes appropriations. Title IV: Miscellaneous Provisions - Provides that all documents, personal testimony, and other material collected by the Commission on Wartime Relocation and Internment of Civilians shall be deposited in the National Archives of the United States.
United States · United States Congress · 6 January 1987
Provides for the continuation of the three-year income tax basis recovery rule with respect to annuities of Federal employee contributions to Federal retirement systems. Directs the Office of Personnel Management to report to specified congressional committees on the effects of a retroactive repeal of such rule on the Federal workforce.
United States · United States Congress · 6 January 1987
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 6 January 1987
High Risk Occupational Disease Notification and Prevention Act of 1987 - Establishes a Risk Assessment Board, within the Department of Health and Human Services (HHS), to: (1) review current medical and other scientific studies and reports concerning the incidence of disease associated with employment; (2) identify and designate, from such review, employee populations at risk of disease associated with hazardous occupational exposures; and (3) develop a form and method of notification to be used by employers, the Secretary of HHS, and agents of the Secretary to notify the designated population at risk. Sets forth factors which the Board must consider in identifying such populations at risk. Gives priority to Board review of employee populations exposed to hazardous occupational exposures whose members are most likely to be helped, either through medical intervention or through counseling on personal health habits. Directs the Board, in making this determination, to consider: (1) exposures for which there exists a permanent standard under specified provisions of the Occupational Safety and Health Act of 1970; and (2) the extent of medical monitoring and surveillance already available to employee populations covered by the permanent standards. Sets forth procedures for Board identification of populations at risk and recommendations to the Secretary that individuals within that population be notified. Directs the Secretary, upon determination that a given class or category of employee is a population at risk of occupational disease, to notify each individual within such population at risk, and his or her respective employer. Directs the Secretary, in addition, to use public service announcements and other appropriate means of notification. Directs the Secretary to establish procedures for notifying persons who have been subjects of epidemiological studies which demonstrate findings of increased risk of occupational disease, and which were conducted by an agency within the Department of HHS. Requires such notification procedures to be included in all future epidemiological studies by such an agency. Sets forth the required contents of such notification, including counseling information. Directs the Secretary to establish a telephone "hot line" for the personal physicians of employees who have received such notification, in order to provide additional medical and scientific information concerning the nature of the risk and its associated disease. Directs the Secretary to prepare and distribute other medical and health promotion material and information on any risk subject to such notification requirements and its associated disease as the Secretary deems appropriate. Provides that, in carrying out such notification responsibilities, the Secretary shall have access to information and data contained in any: (1) Federal agency records, solely for the purpose of obtaining names, addresses, and work histories of employees subject to such notification; and (2) employer records, insofar as Federal access is provided under the Occupational Safety and Health Act of 1970 and the Mine Safety and Health Act of 1977. Authorizes the Secretary to certify a private employer or a State or local government to conduct worker notification, but prohibits access to Federal information by such employers or governments. Relieves the Secretary and any agents of the Secretary from liability for monetary damages with respect to omissions or acts in the notification process. Provides for petition to the appropriate U.S. Court of Appeals by any person adversely affected or aggrieved by the Secretary's determination under this Act that a given class or category of employees is a population at risk. Directs the Secretary, within 90 days after the effective date of this Act, to establish and certify ten health centers. Requires such centers to be selected from among education resource centers of the National Institute for Occupational Safety and Health and similar facilities of the National Institute for Environmental Health Sciences, the National Cancer Institute, and other private and governmental organizations that apply for such designation. Directs the Secretary, within five years of such effective date, to establish and certify additional health centers so as to obtain no less than one center per State. Requires the centers to provide: (1) education, training, and technical assistance to personal physicians and social service professionals who serve employees notified; and (2) research resources, diagnosis, treatment, medical monitoring, and family services for employees notified. Directs the Secretary to reimburse the centers for the cost of developing a training program and procuring specialized equipment. Directs the Secretary to make grants to health centers, universities, and other organizations to conduct research, training, and education aimed at improving the means of medically assisting employees exposed to environmental health hazards and the means of identifying worker populations exposed to such hazards. Authorizes the Secretary to engage the services of experts and consultants. Requires any employer who receives a notification that one or more of its current employees is in a population at risk to certify to the Secretary that the appropriate testing, evaluation, and medical monitoring requested by such employees will be provided or made available by the employer: (1) at no cost to the employee, if any part of such exposure occurred during employment by that employer; or (2) at a charge not exceeding the cost to the employer, if no part of such exposure occurred during employment by that employer. Prohibits the discharge of or discrimination against any employee who is or has been a member of a population at risk. Prohibits benefit reductions for employees temporarily or permanently transferred to less hazardous or nonexposed jobs. Provides for review of complaints of employees aggrieved by violations of such provisions. Provides for reinstatement and other relief for such employees. Provides for civil penalties for violations of such provisions. Provides for injunctive relief against violations of this Act or any rule or regulation promulgated under this Act. Provides that notification that an employee is in a population at risk and the initiation of medical evaluation and monitoring shall not constitute or in any way affect a claim for compensation, loss, or damage arising out of the hazardous occupational exposure, but allows the results of such evaluation and monitoring to be introduced as evidence. Provides that such notification shall not commence the tolling of any statute of limitations with respect to filing a timely claim. Authorizes appropriations for FY 1988 and 1989 to carry out this Act.
United States · United States Congress · 6 January 1987
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop an expedited funds availability system which shall be implemented no later than three years and 90 days after enactment of this Act. Provides that such system shall require that funds deposited in an account of a depository institution by local and in-state checks be available for withdrawal the business day after deposit and that funds deposited by all other checks be available on the fourth business day after deposit. Lists considerations for the Board in establishing such system which include providing for the automated return of unpaid checks, a uniform endorsement standard, and direct notification of nonpayment. Directs the Board to report to the Congress every six months on its actions to implement such system and within two years after enactment of this Act on the effects of temporary schedules for funds availability established under this Act. Establishes specific time limits for funds availability for various types of deposits. Provides for next day availability for cash, the cash portion of a deposit, wire transfers, checks of $100 or less, checks drawn on in-state branches of the receiving depository institution or branches located in the same check processing region, U.S. Treasury checks endorsed only by the payee, State and local treasury checks endorsed only by the payee and deposited in special envelopes at manned branches, cashier's checks, certified checks, teller's checks, and depository checks endorsed only by the payee and deposited in special envelopes at manned branches. Sets forth a schedule, to be terminated upon implementation of the expedited funds availability system, providing that: (1) checks drawn on local originating depository institutions shall be available on the third business day after deposit during the one-year period beginning 90 days after enactment of this Act and on the second business day after deposit during the subsequent two years; and (2) checks drawn on nonlocal originating depository institutions shall be available for withdrawal on the seventh business day after deposit. Authorizes the Board to make certain adjustments in such time limits. Sets forth time limit exceptions and special time limits which shall apply: (1) to new accounts, deposits by checks in excess of $5,000, checks redeposited after being returned, repeated overdrafts, and foreign checks; and (2) under specified emergency conditions. Authorizes the Board to suspend the applicability of this Act to any classification of checks directly associated with an unacceptable level of losses due to check-related fraud. Requires the Board to transmit a report justifying any suspension to specified congressional committees. Prohibits any depository institution from freezing funds in an account because other funds deposited in such account by check are not yet available for withdrawal pursuant to this Act. Directs each institution to inform employees of, and ensure employee compliance with, the requirements of this Act. Provides that State laws providing for shorter time periods for the availability of funds deposited in a State-chartered institution shall supersede this Act and shall apply to all federally insured depository institutions located in such State. Requires interest to accrue on funds deposited in an interest-bearing account of an institution beginning on the business day on which the institution receives provisional credit for such funds. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with the Board in the exercise of the Board's functions under this Act. Declares that this Act supersedes State law, including the Uniform Commercial Code, except as specified earlier. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this Act.
United States · United States Congress · 6 January 1987
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are not greater than total receipts. Permits the Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote. Requires the President and the Congress to ensure that actual outlays do not exceed the outlays set forth in such statement. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the increase in national income in the last calendar year, unless a bill directed solely to approving specific additional receipts is enacted. Requires the President, prior to each fiscal year, to transmit to the Congress a proposed statement of receipts and outlays for that year consistent with the provisions of this article. Permits the Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing, and total outlays shall include all outlays of the United States, except those for repayment of debt principal. Declares that the amount of Federal public debt as of the first day of the second fiscal year beginning after the ratification of this article shall become the permanent debt limit. Prohibits any increase in such limit unless three-fifths of the whole number of each House of the Congress pass a bill approving such increase and such bill becomes law.
United States · United States Congress · 6 January 1987
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
![Official portrait of Rep. Saiki, Patricia [R-HI-1]](https://www.congress.gov/img/member/s000014_200.jpg)