United States · United States Congress · 30 June 1987
Ozone Protection and CFC Reduction Act of 1987 - Amends the Internal Revenue Code to impose an excise tax on: (1) any ozone-depleting chemical sold or used by its manufacturer, producer, or importer; and (2) any substance sold or used by its importer if its manufacture or production included the use of any ozone-depleting chemical. Fixes the rate of such tax at an amount equal to a base amount, adjusted annually for inflation, times the ozone-depletion factor for the pertinent chemical, as determined in accordance with this Act. Describes the criteria to be used for determining which substances will be considered as ozone-depleting chemicals for purposes of the excise tax. Lists specific chlorofluorocarbons to be included among such chemicals. Exempts from the tax: (1) certain products containing a de minimis amount of ozone-depleting chemicals; and (2) chemicals diverted or recovered in the United States as part of a recycling process. Imposes a floor stocks tax on ozone-depleting chemicals: (1) on which tax would be due if sold by the manufacturer on the effective date of the tax; and (2) which are held on such date for sale by a dealer. Sets the amount of such inventory tax to equal the excise tax amount.
United States · United States Congress · 30 June 1987
Expresses the sense of the Congress that: (1) the administration should oppose the implementation of the European Community directive which will limit U.S. access to such Community's agricultural markets; (2) if the European Community denies U.S. meat imports based on unsubstantiated standards or standards not applied to all Community members, the administration should adopt countermeasures; and (3) the administration should communicate to the Community that the United States views the directive as inconsistent with such Community's obligations under the General Agreement on Tariffs and Trade.
United States · United States Congress · 29 June 1987
Criminal Justice Information Improvement Act of 1987 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program to assist State and local governments to improve the accuracy, timeliness, and completeness of criminal justice information. Authorizes appropriations for FY 1988 through 1992.
United States · United States Congress · 26 June 1987
Great Lakes Coastal Barrier Study Act of 1987 - Amends the Coastal Barrier Resources Act to include in the Coastal Barrier Resources System those coastal barriers of the Great Lakes that are designated by the Congress by law after considering the recommendations of the Secretary of the Interior under this Act. Directs the Secretary to recommend to the Congress undeveloped coastal barriers along the Great Lakes that are appropriate for inclusion in the Coastal Barrier Resources System. Prohibits the Secretary from recommending any area which is publicly owned and protected by Federal or State law, or held by a qualified organization primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. Directs the Secretary, before making the recommendations, to consult with Federal agencies, States bordering on the Great Lakes, and the public. Directs the Secretary to review the System maps at least once every five years and make modifications to reflect changes occurring as a result of natural forces. Requires reviews be made in consultation with appropriate States, coastal zone management agencies, Federal agencies, and the public. States that limitations on Federal expenditures under the Coastal Barrier Resources Act shall not apply to highways located within Michigan if the Congress adds new units to the Coastal Barrier Resources System, and those units include portions of U.S. or State highways in Michigan.
United States · United States Congress · 26 June 1987
Great Lakes Shoreline Mapping Act of 1987 - Requires the Director of the Charting and Geodetic Services of the National Ocean Service, National Oceanic and Atmospheric Administration (Director), to prepare as specified, in consultation with the Director of the United States Geological Survey, maps of the shoreline areas of the Great Lakes, including bathymetry, topography, geological conditions, and information on the recent geological past. Requires maps to contain erosion and flooding information. Requires the Director to make the maps available to the Federal and State governments and the general public. Allows recovery of the cost of reproducing and distributing the maps. Requires the Director to prepare a mapping plan for the U.S. portion of the Great Lakes shoreline, in consultation with the Director of the United States Geological Survey. Sets forth plan requirements. Requires copies of the plan to be submitted to the Committee on Merchant Marine and Fisheries in the House of Representatives and the Committee on Commerce, Science, and Transportation in the Senate. Authorizes the Director to enter into contracts or agreements with Federal or State governments or private entities to carry out the map preparation provisions of this Act. Authorizes appropriations for FY 1988 through 1997.
United States · United States Congress · 26 June 1987
Amends the Coastal Zone Management Act of 1972 to direct the Secretary of Commerce to make grants to any coastal State to implement a coastal erosion and flood control assistance program if the Secretary: (1) finds that the coastal State imposes a 30-year erosion setback; (2) finds that the State has or is making progress in developing a management program approved under specified provisions of such Coastal Zone Act; and (3) approves the coastal erosion and flood control program of the State under this Act. Authorizes a coastal State to apply to the Secretary for approval of its coastal erosion and flood control assistance program. Specifies requirements for a program and circumstances in which the Secretary may suspend approval of a program. Establishes the Coastal Erosion and Flood Control Assistance Fund for making grants under provisions of this Act and administration of such provisions. Sets forth reporting requirements.
United States · United States Congress · 26 June 1987
Amends the National Sea Grant College Program Act to expand coverage of the Act to include Great Lakes resources. (Current law covers ocean and coastal resources.) Authorizes the Secretary of Commerce to enter into contracts and make grants to enhance cooperative international research, promote marine activities with foreign universities, encourage technology transfer, and promote foreign data exchanges. States that any person may apply for a grant or contract under specified existing provisions of the Act. Requires the Secretary to act on each application within six months after all required information is received. States that any sea grant college, sea grant regional consortium, or institution of higher education, laboratory, or other entity of a State may apply for a grant or contract relating to international activities as provided for in this Act. Requires the Secretary, before approving an application, to consult with the Secretary of State. Authorizes the Secretary to make grants or enter into contracts regarding strategic ocean, coastal, and Great Lakes research areas. Restricts grants and contracts to: (1) sea grant colleges, sea grant programs, sea grant regional consortiums, or persons applying through colleges, programs, or consortiums; and (2) programs or projects subject to procedures, including peer review, equivalent to those applied by sea grant colleges and sea grant regional consortiums in administering sea grant programs. Directs the Secretary to identify a limited number of strategic ocean, coastal, and Great Lakes resources research areas regarding which grants may be made, or contracts entered into, under this Act. Sets forth criteria to be applied by the Secretary in identifying such research areas. Authorizes the Secretary to designate any sea grant college, sea grant program, or sea grant regional consortium as a center of excellence. Permits no more than ten percent of the funds appropriated for any fiscal year under provisions of the Act to be obligated within any one State, except for centers of excellence. Authorizes the Secretary to establish an internship program for the placement of students at the graduate level in fields related to ocean, coastal, and Great Lakes resources in the legislative or executive branches of the Federal Government. Describes a postdoctoral fellowship program which the Secretary is required to establish. Establishes an independent committee to be known as the sea grant review panel, superseding the existing sea grant review panel. Authorizes appropriations for FY 1988 through 1992. Repeals the Sea Grant Program Improvement Act of 1976.
United States · United States Congress · 23 June 1987
Great Lakes Water Relief and Economic Protection Act of 1987 - Directs the Secretary of the Army to: (1) increase the rate of diversion of water from Lake Michigan at Chicago, Illinois, whenever the water level exceeds a specified elevation on a monthly average; (2) maximize the rate of flow of water through the Black Rock Lock; and (3) implement such other measures as are formally agreed to by the Governments of Canada and the United States. Declares that any adjustment in rates of diversion of water at Lake Michigan at Chicago shall: (1) be accomplished incrementally; (2) take into consideration the effects of the adjustment on the Illinois Waterway; (3) be implemented by the State of Illinois and the Metropolitan Sanitary District of Greater Chicago under the direct control and supervision of the Secretary of the Army; (4) not be included in the State of Illinois' accounting of diversion of water from Lake Michigan under any decree of the Supreme Court; (5) not result in a rate of diversion from Lake Michigan in excess of 10,000 cubic feet per second; and (6) be controlled and stopped or reduced as directed by the Secretary whenever bankful conditions at certain flood warning stations are predicted, and as necessary to maintain safe navigation conditions. Sets forth exceptions for the Secretary to reduce the rate of diversion of water below any rate required by this Act. Directs the Secretary to reimburse a State for any costs incurred in implementing water diversion adjustments. Requires the Secretary to establish a monitoring program to assess the impact of lake level control measures on receiving and discharging waterways. Expresses the sense of the Congress that the President should seek negotiations with Canada regarding matters relating to the maintenance of water levels of the Great Lakes. Declares that water diverted under this Act shall not be used for any permanent economic, resource, public, or private development except as expressly authorized under the Water Resources Development Act of 1986. Provides that neither such Act nor this Act shall limit the incidental use of diverted water.
United States · United States Congress · 17 June 1987
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree, by enactment of a joint resolution, on an estimate of total receipts for that fiscal year. Prohibits outlays for that year from exceeding such estimated receipts unless the Congress, by a three-fifths rollcall vote of each House, provides for a specific excess of outlays over receipts. Requires the Congress, whenever actual outlays exceed actual receipts for any fiscal year, to provide by law for the repayment of such excess in the ensuing fiscal year. Requires a three-fifths rollcall vote of each House to increase the public debt. Directs the President to submit to the Congress a proposed budget for each fiscal year in which total outlays do not exceed total receipts. Requires the approval by a majority of the total membership of each House by rollcall vote before any bill to increase revenue may become law. Waives this article for 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.
United States · United States Congress · 10 June 1987
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds may be issued. (Under current law, authority to issue these bonds expires as of 1989.)
United States · United States Congress · 21 May 1987
National Flood Insurance Improvement Act of 1987 - Amends the National Flood Insurance Act of 1968 to establish a schedule of payments for a structure covered by flood insurance if such structure is condemned by a State or local authority because it is located on land along the shore of a body of water that is subject to imminent collapse. Sets forth a schedule of payments following condemnation and demolition before the structure collapses. Limits the amount of payment if such land collapses or subsides before the owner demolishes and removes the structure, but after the owner has a reasonable period of time following condemnation (or after the date of enactment of the Housing, Community Development, and Homelessness Prevention Act of 1987, whichever occurs later) to demolish and remove it.
United States · United States Congress · 21 May 1987
Designates May 25, 1987, as National Day of Mourning for the victims of the U.S.S. Stark, in honor of the crew of the Navy frigate struck by Iraqi missiles in the Persian Gulf.
United States · United States Congress · 8 May 1987
Amends Internal Revenue Code provisions relating to the exclusion from gross income of certain payments received by individuals under State programs for the primary purpose, as determined by the Administrator of the Environmental Protection Agency, of replacing contaminated private water supplies or rehabilitating defective private sewage systems.
United States · United States Congress · 5 May 1987
Federal Accounting Practices Review Commission Act of 1987 - Title I: Title, Statement of Findings, Purpose and Limitations - Declares the reasons for, and purposes of, this Act. Title II: Establishment, Duties, and Membership - Establishes the Federal Accounting Practices Review Commission to: (1) examine and describe the financial management practices of the Federal Government; (2) formulate a financial accounting and management system for Federal agencies; (3) prepare a plan for implementation of such system; and (4) recommend an ongoing method for determining and updating generally accepted accounting principles for the Government. Title III: Administration - Sets forth the administrative staffing, procedures, and powers of the Commission. Requires the Commission to submit a final report to the President and the Congress not later than 18 months after the date of completion of appointments of members to the Commission. Terminates the Commission 30 days after submission of such report. Authorizes appropriations.
United States · United States Congress · 29 April 1987
Hearing Aid Compatibility Act of 1987 - Requires that all telephones sold, rented, or otherwise distributed in the United States be hearing aid compatible, except telephones that are manufactured before the effective date of this Act or that are not required to be registered with the Federal Communications Commission.
United States · United States Congress · 29 April 1987
Expresses the sense of the Congress that the Government of Cuba should take immediate steps to resume implementation of the agreement on migration between the United States and Cuba.
United States · United States Congress · 6 April 1987
Makes permanent the income tax credit for qualified research expenditures by repealing the provisions of the Internal Revenue Code that would terminate such credit for expenses incurred or paid after 1988.
United States · United States Congress · 31 March 1987
Satellite Television Fair Marketing Act - Amends the Communications Act of 1934 to prohibit the encrypting of satellite programming from the Public Broadcasting Service and the Armed Forces Radio and Television Service. Requires anyone who encrypts satellite delivered programming for private viewing to: (1) make it available for private viewing by home satellite antenna users; (2) establish reasonable character and financial criteria for distributors of satellite delivered programming and not discriminate in prices, terms, or conditions among distributors offering similar distribution services; and (3) conduct such encryption according to Federal Communications Commission (FCC) - approved standards designed to comply with specified criteria. Requires the FCC-approved standards to provide the public interest benefits of a universal encryption system permitting decryption by cable television subscribers and home satellite users. Authorizes aggrieved persons to commence civil actions to enforce this Act. Requires the Federal Trade Commission (FTC) to conduct a study of pricing and distribution terms of satellite television programming to determine whether the programming market is developing competitively. Authorizes the FTC to establish remedies necessary to produce adequate competition. Requires the FCC to begin a rulemaking proceeding on improving access to network signals for rural Americans.
United States · United States Congress · 31 March 1987
Civil Rights Act of 1987 - Amends title IX of the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964 to provide that the phrase "program or activity" shall, as applied to educational institutions receiving Federal financial assistance, mean the educational institution (notwithstanding the decisions of the Supreme Court in Grove City College v. Bell and North Haven Board of Education v. Bell). Amends title IX of the Education Amendments of 1972 to state that such Act's prohibition of sex discrimination shall be inapplicable to educational institutions which are controlled by, or closely associated with the tenants of, a particular religious organization if the application of such prohibition would be inconsistent with the organization's religious intent. (Current law provides that such prohibitions are inapplicable where the educational institutions are controlled by religious organizations.) States that nothing in such Act shall be construed to grant or deny any right relating to abortion.
United States · United States Congress · 25 March 1987
Telephone Decency Act - Amends the Communications Act of 1934 to prohibit any obscene or indecent telephone communication, in foreign or interstate communication or in the District of Columbia, for commercial purposes to any person. (Current law prohibits such communication to any person without his or her consent or to any person under 18 years of age.)
United States · United States Congress · 25 March 1987
National Flood Insurance Improvement Act of 1987 - Amends the National Flood Insurance Act of 1968 to establish a schedule of payments for a structure covered by flood insurance if such structure is condemned by a State or local authority because it is located on land along the shore of a body of water that is subject to imminent collapse. Sets forth a schedule of payments following condemnation and dismantlement before the structure collapses. Limits the amount of payment if such land collapses or subsides before the owner dismantles and removes the structure, but after the owner has a reasonable period of time following condemnation (or after the date of enactment of this Act, whichever occurs later) to dismantle and remove it.
United States · United States Congress · 23 March 1987
Directs the Administrator of the Environmental Protection Agency to clean up hazardous wastes at Sheboygan Harbor, Wisconsin. Requires completion of such cleanup within three years of enactment.
United States · United States Congress · 19 March 1987
Marine Resources Investment and Economic Competitiveness Act of 1987 - Expands coverage of the National Sea Grant College and Program Act to include Great Lakes resources. (Current law covers ocean and coastal resources.) Authorizes the Secretary of Commerce (the Secretary) to establish a marine policy fellowship program for the placement of qualified graduate students with the legislative or executive branches of the U.S. Government. Amends the Sea Grant Improvement Act of 1976 to authorize the Secretary to make grants of up to 100 percent to carry out the strategic marine research program. Prohibits granting more than ten percent of the total funds appropriated for any fiscal year to persons in any one State, except for centers of excellence designated as provided in this Act. Requires the Under Secretary of Commerce for Oceans and Atmosphere (the Under Secretary), within one year of enactment of this Act, and every three years thereafter, to develop and publish a report identifying and describing priority areas for strategic marine research. Requires submission of the report to the Committee on Merchant Marine and Fisheries in the House of Representatives and the Committee on Commerce, Science, and Transportation in the Senate. Prohibits the Under Secretary from making such grants until 45 days after receipt of such report by the committees. Authorizes the Secretary, upon making certain findings, to designate centers of excellence in strategic marine research. Requires the Secretary to establish and administer a program of strategic marine research postdoctoral fellowships. Prohibits, except for such centers of excellence, more than ten percent of the fellowship awards being in use at any one sea grant program in the same fiscal year. Prohibits use of a fellowship to support an individual at the institution where that individual received a graduate degree. Authorizes the Secretary to enter into contracts and make grants for specified purposes. Sets eligibility requirements. (Current law requires the Secretary to support a sea grant fellowship program.) Establishes an independent committee to be known as the sea grant review panel, superseding the existing sea grant review panel, within 90 days after the enactment of this Act. Provides for the duties, membership, terms, and powers of such panel. Authorizes appropriations of specified amounts for each of FY 1988 through 1992. Provides for reversion of unused grant funds to the Secretary for use in other grants under the same provision as the original grant. Requires the Secretary, within one year of the enactment of this Act, to prescribe rules and regulations necessary to carry out provisions of this Act regarding the strategic marine research program. Repeals the provision of the current law dealing with the sea grant international program. Repeals provisions relating to a biennial report by the Secretary to the Congress and the President regarding the national sea grant program.
United States · United States Congress · 19 March 1987
President's Pro-Life Bill of 1987 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life. Prohibits the granting of funds relating to certain population research and voluntary family programs under the Public Health Service Act to organizations providing abortions or abortion referrals, unless the life of the mother would be endangered by continuing the pregnancy.
United States · United States Congress · 18 March 1987
Employee Educational Assistance Act of 1987 - Amends the Internal Revenue Code to make permanent the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1987.) Requires, for every taxable year beginning after 1988, an annual cost of living adjustment of the maximum excludable amount. Waives the maximum excludable amount for any educational assistance furnished by certain educational institutions to graduate students engaged in teaching or research activities for such organization.
United States · United States Congress · 12 March 1987
Defense Savings Act - Establishes the Bipartisan Commission on the Consolidation of Military Bases (the Commission) to: (1) review the military importance of all major military installations; and (2) identify which such installations can be closed or realigned without impairing the security of the United States. Outlines administrative procedures concerning membership, staff, meetings, and powers of the Commission. Directs the Commission, within 180 days after the enactment of this Act, to submit to the President, the Secretary of Defense, and each House of the Congress a final report on the findings and conclusions of the Commission. Terminates the Commission 30 days after the submission of such report. Authorizes the Secretary of Defense to take certain specified action with respect to the implementation of the Commission's recommendations.
United States · United States Congress · 12 March 1987
Declares that the Congress: (1) extends its appreciation to President Virgillo Barco and the Colombian people for their courage in apprehending Carlos Lehder and extraditing him to the United States; (2) commends President Barco for his courage; (3) urges the Colombian Government to continue its efforts to extinguish the illicit production and trafficking of drugs in that nation; and (4) reaffirms its intention to work with the Colombian Government in combating drug trafficking and drug abuse in both countries.
United States · United States Congress · 11 March 1987
Great Lakes Water Levels Management Act of 1987 - Directs the President to appoint a Great Lakes Water Levels Director to: (1) coordinate the dissemination of information about Great Lakes water levels and emergency relief for persons who suffer economic injury as a result of high water levels; and (2) submit an annual report to the Congress on progress in distributing such information and recommendations for achieving increased cooperation among U.S. and international agencies in addressing Great Lakes water level problems. Directs the Secretary of the Army to conduct a study and report to the Congress and the President on indicators reflecting the need for changes in the rate of diversion of water from Lake Michigan at Chicago to maintain the level of the lake at approximately the long-term average recorded between 1900 and 1986. Requires consultations with Federal, State, and Canadian officials.
United States · United States Congress · 10 March 1987
Aircraft Collision Avoidance Act of 1987 - Amends the Federal Aviation Act of 1958 to require that civil aircraft with a maximum passenger capacity of more than 30 seats be equipped with a collision avoidance system developed by the Federal Aviation Administration (TCAS-II). Mandates that an altitude-encoding transponder be installed on each civil aircraft operating in a high traffic density area if such aircraft is not required to be equipped with the TCAS-II. Directs the Administrator of the Federal Aviation Administration to complete, as soon as possible, the research, development, and certification of the collision avoidance system known as TCAS-III. Authorizes appropriations.
United States · United States Congress · 10 March 1987
Commemorates the Northwest Ordinance of 1787 as one of the fundamental legal documents of the United States. Authorizes and requests the President to issue a proclamation calling upon the people of the United States to observe the bicentennial of the Northwest Ordinance.
United States · United States Congress · 4 March 1987
Consumer Rail Equity Act - Reaffirms the intent of the Congress that the Railroad Revitalization and Regulatory Reform Act of 1976 and the Staggers Rail Act of 1980 be implemented in a manner which provides both greater competitive alternatives and adequate railroad revenues. Directs the Interstate Commerce Commission, when determining the existence or absence of effective competition, to consider only transportation competition for movement of the same commodity from the same point of origin to the same destination. States that a presumption of overall effective competition is not established by the fact that a railroad faces effective competition with respect to either a point of destination or a point of origin. Shifts the burden of proof regarding transportation rate reasonableness from the shipper to the rail carrier establishing the challenged rate. Declares that it is Federal policy to encourage and promote competitive transportation rates for domestically produced coal and other commodities in order to increase their competitive position in domestic and export markets. Directs the Commission to establish a rail cost adjustment factor which includes changes in railroad productivity, volume, and output mix. Directs the Commission to recompute and republish the Rail Cost Adjustment Factor according to prescribed guidelines. Provides that certain rail carrier rates shall be reduced to the extent of any subsequent decreases in rail cost adjustment factors. Confirms the Commission's authority to promulgate rates set forth in a specified adjudication. Includes within the standards used to determine railroad revenue adequacy: (1) identification of revenues, expenses, and investment base reasonably related to rail transportation service; (2) straight-line depreciation of assets reasonably related to rail transportation service, minus deferred tax reserves resulting from accelerated depreciation; and (3) actual cost of debt capital and reasonable estimates of the current cost of equity capital. Requires the Commission, when making revenue adequacy determinations, to consider specified indicators of a rail carrier's financial status. Requires the Commission to determine, on an annual basis, which rail carriers are earning adequate or inadequate revenues and to determine for each rail carrier the revenues required to achieve or maintain revenue adequacy. Allows (current law requires) the Commission to exempt persons from application of this Act when: (1) such application is not necessary to implement Federal transportation policy; and (2) the Commission finds there is no market dominance involved in the affected transaction. Mandates that the rates and practices application to such exempt persons shall not be considered a matter subject to the jurisdiction of the Commission. Requires any rail carrier providing service under certain line rates to participate in competitive joint rail rates through practicable interchange connections (or publish a competitive proportional rate) if requested to do so by a rail carrier (or shipper or receiver) who has an actual or practicable interchange connection. Directs the Commission, upon petition of any interested party, to require certain terminal facilities owned by a rail carrier in interstate or foreign commerce to be used by another rail carrier if the Commission finds: (1) it is in the public interest to do so; and (2) that the owner of such terminal facility will not suffer substantial impairment of its own business interests. Directs the Commission to require, upon petition by an interested party, that rail carriers enter into reciprocal switching agreements if such an agreement is in the public interest or necessary to provide alternative competitive rail service. Directs the Commission to establish reciprocal switching compensation at a level not to exceed the current percentage of the actual variable costs for such service (unless the carrier demonstrates that a higher level is reasonable and necessary). Revises railroad line abandonment procedures to provide that a rail carrier must wait one year before resubmitting a previously denied abandonment application, unless a substantial change in circumstances can be shown. Requires the Commission to hold hearings in communities affected by a proposed railroad line abandonment if requested to do so by community protestants. Requires the Commission to base its abandonment determination upon financial data regarding the facility proposed to be abandoned rather than upon financial data regarding industry-wide averages. Directs the Commission, when considering any application for a certificate of abandonment or discontinuance, to disregard the impact on traffic volume of any surcharge imposed under specified parts of this Act (unless the surcharge improves the financial performance of the line). Subjects to Commission review any State decision regarding intrastate rates, rules, and practices if a party to such State proceedings petitions for Commission review. Requires the Commission to take action on such petition within 120 days of its receipt. Authorizes the Commission to vacate a State decision found inconsistent with this Act.
United States · United States Congress · 2 March 1987
Medicare Diabetic Foot Disease Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to provide coverage under part B (Supplementary Medical Insurance) of the Medicare program for therapeutic shoes furnished to individuals with severe diabetic foot disease.
United States · United States Congress · 2 March 1987
Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in a reasonable, good faith belief in its conformity with the fourth amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of good faith, absent intentional and material misrepresentation.
United States · United States Congress · 2 March 1987
Habeas Corpus Reform Act of 1987 - Amends the Federal criminal code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was not recognized prior to the procedural default; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or sentencing determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 2 March 1987
Peremptory Challenge Act of 1987 - Amends the Federal judicial code to require the reassignment of a case to be tried in the U.S. Claims Court, a Federal district court, or a bankruptcy court to another judicial officer upon application of all parties on one side of a civil or criminal case. Sets guidelines for such reassignments.
United States · United States Congress · 2 March 1987
Amends the Federal criminal code to establish procedures for the imposition of the death penalty for presidential assassination. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; and (2) the aggravating factor sufficiently outweighs any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Establishes procedures for appeal from the death sentence.
United States · United States Congress · 27 February 1987
Amends title XVIII (Medicare) of the Social Security Act to consider the aggregate number of resident workers who commute from the county in which a hospital is located to contiguous metropolitan statistical areas, rather than only considering the number of workers commuting to a single metropolitan area, for the purpose of determining whether such hospital should be paid at urban rather than rural rates.
United States · United States Congress · 26 February 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury (Secretary) to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers with tax forms sent by the IRS. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury (Department) an Office of Inspector General (Inspector). Transfers to such Office the existing audit and investigation units of the Department. Prohibits the Inspector from reviewing: (1) monetary, fiscal, and tax policy; and (2) the exercise of legal judgment in the investigation and litigation of cases. Authorizes the Secretary to: (1) withhold from the Inspector requested information that the Secretary determines will jeopardize the success of an ongoing investigation or litigation, confidential sources, or the national security; and (2) prohibit the Inspector from undertaking or continuing an audit or investigation under limited circumstances described in this Act. Requires the IRS, upon taxpayer request, to conduct any interview regarding a deficiency assessment at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interview to warn the taxpayer that: (1) he or she has a right to remain silent; (2) any statement the taxpayer makes may be used against him or her; and (3) he or she has the right to the presence of an attorney, certified public accountant, enrolled agent, or enrolled actuary. Permits a waiver of such rights if voluntarily and knowingly made. Amends Federal law to require the Comptroller General (Comptroller) of the General Accounting Office to: (1) conduct audits of the IRS with respect to the efficiency, uniformity, and equity of the internal revenue laws (current law specifies no particular focus for such audits); and (2) conduct special audits or investigations of internal revenue law administration upon the request of any congressional committee or Member of Congress. Requires the Comptroller's annual report to the Congress to include specified findings concerning IRS management, efficiency, procedures, and structure. Divests of its finality a vote of the Joint Committee on Taxation to disapprove a Comptroller General audit of the IRS. Designates such vote as a recommendation to disapprove an audit and makes such recommendation subject to congressional approval. Prohibits evaluations of IRS personnel based on revenue collected from taxpayers as a result of audits or investigations involving such personnel. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action in Federal court (regardless of the amount in controversy) for any taxpayer aggrieved by such prohibited investigation or recordkeeping. Authorizes both equitable remedies and awards of damages, including punitive damages, litigation costs and reasonable attorney fees, in such cases. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Authorizes the Secretary, in certain cases, to enter into a binding agreement with a taxpayer under which such taxpayer may pay tax liability in installments. Requires the Secretary to offer in writing to enter such an agreement with any individual: (1) whose tax liability is $20,000 or less; and (2) who has not been delinquent in installment tax payments under similar agreements during a specified period. Permits the Secretary, after proper notice and a hearing, to modify or annul such an agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Requires the Secretary to abate in full any deficiency, including penalty or interest, completely attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Directs IRS officers and employees, when giving oral advice to a person, to inform such person that the contents of such communication are not binding on the IRS. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Allows an administrative appeal of tax liens. Revises the criteria according to which the Secretary determines a minimum sale price for property seized by levy and subject to a tax sale. Prohibits the Secretary from authorizing a class audit of taxpayers in a particular business or trade until each group member is given proper notice and the opportunity either to file an amended return or to challenge the Secretary's findings at a hearing. Places upon the IRS the burden of proof on all issues in all administrative and judicial proceedings between the IRS and a taxpayer. Applies the rulemaking provisions of the Administrative Procedure Act to all IRS rules and regulations prescribed by the Secretary.
United States · United States Congress · 25 February 1987
Nuclear Waste Policy Act Amendments of 1987 - Amends the Nuclear Waste Policy Act of 1982 to remove the statutory requirements and deadlines for second and subsequent nuclear waste repositories (thus eliminating Department of Energy authority to site such repositories). Removes the volume limitations placed upon first repositories. Directs the Secretary of Energy to revise the repository mission plan to reflect the provisions of this Act and to submit such revisions within six months after enactment of this Act. Prohibits the Secretary from expending funds from the Nuclear Waste Fund for any activity relating to a second or subsequent repository.
United States · United States Congress · 19 February 1987
Nuclear Waste Policy Reform Amendments Act of 1987 - Amends the Nuclear Waste Policy Act of 1982 to prohibit the Secretary of Energy from implementing nuclear waste disposal activities with respect to more than one repository. Declares that any such activities commenced (or decisions made by the Secretary) before the date of enactment of this Act shall be rescinded or terminated. Prohibits the Nuclear Regulatory Commission from authorizing the construction of more than one repository under such Act. Provides that if the Secretary does not meet the January 31, 1998, deadline for high-level radioactive waste disposal then the Secretary must cease all repository activities until: (1) the Nuclear Waste Repository Review Commission (established by this Act) submits a certain report to the Congress; and (2) the Congress specifically authorizes the continuation of such repository activities (thus imposing a moratorium on repository development). Removes the deadlines by which the Secretary and the President must submit candidate site nominations for second repository site characterizations. Prohibits the Secretary from nominating or recommending any crystalline rock site for site characterization for a repository. Removes the volume limitation placed upon a first repository. Establishes the Nuclear Waste Repository Review Commission (if a repository moratorium takes effect) to: (1) review scientific data regarding repository suitability; and (2) compare the use of repositories for radioactive waste disposal with alternative technologies for the permanent isolation of such waste. Requires the Review Commission to report to the Congress by a certain date regarding its activities and recommendations. Authorizes appropriations. Terminates such Commission upon submission of its report. Sets deadlines for draft revisions of the Secretary's mission plan under such Act.
United States · United States Congress · 19 February 1987
Broadcast License Renewal Act of 1987 - Amends the Communications Act of 1934 to declare it to be the policy of the United States that, with respect to the grant or renewal of a broadcast license, the licensee has the responsibility to: (1) broadcast material responsive to matters of concern to residents of its service area; and (2) operate in compliance with provisions of such Act and Federal Communications Commission regulations. Directs the Commission to: (1) grant an application for license renewal if the applicant has met such responsibilities in the preceding license term; or (2) deny renewal or grant limited renewal if the applicant failed to meet such responsibilities. Prohibits the Commission, in evaluating a licensee's performance in broadcasting material responsive to matters of public concern, from establishing or applying any requirement with respect to the broadcast of any specific subject or material. Directs the Commission to accept the licensee's judgment if found to be reasonable and made in good faith. Prohibits the Commission, in determining whether to renew a license, from considering whether the public interest, convenience, and necessity might be served by granting a license to a competing applicant. Directs the Commission to conduct an inquiry and prescribe any necessary regulations concerning any additional information that licensees should be required to maintain and make available to the public regarding the licensee's responsibility to broadcast material responsive to matters of public concern. Makes it unlawful for a license applicant and any other person, while a license application is pending, to effectuate an agreement whereby the other person withdraws or withholds an informal objection or a petition to deny in exchange for the payment of any thing of value by, or on behalf of, the applicant.
United States · United States Congress · 19 February 1987
Supports the President in seeking global measures regarding the adverse effects resulting from the release of chlorofluorocarbons through the adoption of a protocol to the Vienna Convention for the Protection of the Ozone Layer. Urges the President to negotiate: (1) an immediate reduction on the use of chlorofluorocarbons; (2) the expeditious development of safe, effective, and nontoxic nonozone depleting chemicals; and (3) the elimination of fully halogenated chlorofluorocarbons that may deplete the ozone layer.
United States · United States Congress · 11 February 1987
Amends Federal veterans' benefits provisions to extend indefinitely (currently ends on June 30, 1988) the required date of entry into the armed forces for eligibility for basic educational assistance entitlement for veterans (both of active-duty and Selected Reserve duty) of the All-Volunteer Force.
United States · United States Congress · 10 February 1987
Great Lakes Emergency Shoreline Protection Act - Establishes a federally guaranteed loan program for the protection from shoreline erosion of improvements to residential real property contiguous with the Great Lakes. Sets forth conditions for loan eligibility and State subsidies. Sets forth related authorities of the Secretary of Housing and Urban Development, including authority to establish limitations on interest rates on eligible loans, to make foreclosures, and transfer guarantees. Directs the Secretary of the Army, acting through the Chief of Engineers, to: (1) develop minimum standards for shoreline erosion protection; and (2) report to the Congress on damage from subsurface water seepage. Requires the Secretary of Housing and Urban Development and the Secretary of the Army to submit to the Congress a single report on the effectiveness of the shoreline protection program. Authorizes FY 1987 through 1992 appropriations.
United States · United States Congress · 5 February 1987
Expresses the sense of the Congress that the President should: (1) seek to reconvene the Seventeenth Meeting of Consultation of Ministers of Foreign Affairs of the Organization of American States in order to obtain a renewed commitment to the immediate replacement of the Nicaraguan regime, installation of a democratic government in Nicaragua, guarantee of human rights to all Nicaraguans, and the holding of free elections; (2) make unmistakable the U.S. commitment to help the Nicaraguan people achieve their democratic aspirations; and (3) recognize the Nicaraguan resistance as a legitimate force for the democratization of Nicaragua.
United States · United States Congress · 4 February 1987
Directs the Secretary of the Army to study the feasibility of constructing and operating a canal connecting Lake Ontario and the Erie Canal in the vicinity of Lockport, New York. Requires the study to consider: (1) cost of construction; (2) environmental impact; (3) economic impact on the surrounding region; and (4) the combined effects of the canal connecting Lake Ontario and the Erie Canal and another canal which was the subject of the Study on Lake Erie-Ohio River Canal. Lists the combined effects of the two canals to be studied as: (1) the projected shipping volume on the canal connecting Lake Ontario and the Erie Canal; (2) the projected shipping volume on the canal connecting Lake Erie and the Ohio River; (3) changes in shipping volume on the Welland Canal; and (4) changes in shipping patterns among U.S. and Canadian ports on Lake Erie and Lake Ontario. Requires the Secretary of the Army to make a report to the Congress within two years.
United States · United States Congress · 4 February 1987
Repeals the limitations enacted by the Tax Reform Act of 1986 on individual retirement account (IRA) deductions for active participants in certain pension plans. Amends the Internal Revenue Code to permit a nonworking or the lesser-earning spouse filing a joint income tax return to include the spouse's compensation in calculations made to determine the maximum amount permitted as a deduction for qualified retirement contributions (thus permitting such a taxpayer to deduct up to $2,000).
United States · United States Congress · 3 February 1987
Amends the Internal Revenue Code to allow a five-percent investment tax credit after 1987 for tangible property which: (1) is used as a part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services; (2) constitutes a research facility used in connection with such activities; or (3) constitutes a facility used in connection with such activities for the bulk storage of fungible commodities.
![Official portrait of Rep. Sensenbrenner, F. James, Jr. [R-WI-5]](https://www.congress.gov/img/member/s000244_200.jpg)