United States · United States Congress · 24 February 1987
Civil Rights Restoration Act of 1987 - Amends title IX (Prohibition of Sex Discrimination) of the Education Amendments of 1972 to define the phrase "program or activity" and the term "program" to mean all of the operations of the following entities, any part of which is extended Federal financial assistance: (1) a department, agency, special purpose district, or other instrumentality of a State or local government; (2) a State or local government agency which distributes such assistance and the agency or department to which such assistance is extended; (3) a college, university, or other postsecondary institution, or public system of higher education; (4) a local educational agency, system of vocational education, or other school system; and (5) a corporation, partnership, or other private organization. States that such terms do not include any operation of an entity which is controlled by a religious organization. Amends the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Civil Rights Act of 1964 to define the phrase "program or activity" to mean all of the activities of the aforementioned entities.
United States · United States Congress · 24 February 1987
Amends the National Housing Act to make authority permanent for: (1) title I financial institution insurance for housing renovation and modernization; (2) general mortgage insurance; (3) low and moderate income and displaced families mortgage insurance; (4) mortgage co-insurance, including rental rehabilitation and development projects; (5) mortgage insurance for armed forces' civilian employees and defense housing for impacted areas; (6) mortgage insurance for land development; (7) mortgage insurance for medical and dental group practice facilities; (8) mortgage insurance commitment limitations; and (9) graduated payment and indexed mortgage insurance. Amends the Housing Act of 1964 to make authority permanent for urban rehabilitation loan authority. Amends the Housing Act of 1949 to make authority permanent for: (1) insured loans for rental and cooperative housing and related facilities for elderly persons and families in rural areas; and (2) mutual and self-help housing grant and loan authority. Amends the National Flood Insurance Act of 1986 to make national flood insurance authority, including emergency implementation provisions, permanent.
United States · United States Congress · 24 February 1987
Africa Famine Recovery and Development Act - Amends the Foreign Assistance Act of 1961 to add a chapter dealing with Africa Famine Recovery and Development. Authorizes the President to provide project and program assistance for long-term development in sub-Saharan Africa. Requires the purpose of such assistance to be to help the poor majority in sub-Saharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant. Declares that the general authorities and policies of the development assistance provisions of such Act apply to this Act. Requires the agency primarily responsible for administering development assistance programs (responsible agency) to: (1) take into account the local-level perspective of the rural and urban poor in sub-Saharan Africa during the planning and review of annual country planning documents for project assistance under this Act; (2) make available funds for a substantial expansion of development efforts by private and voluntary organizations which have demonstrated effectiveness in or commitment to the promotion of local grass-roots activities on behalf of long-term development in sub-Saharan Africa; (3) establish simplified procedures for the development and evaluation of projects to be carried out by private and voluntary organizations; and (4) consult with other organizations in order to identify relevant private and voluntary organizations. Requires the close consultation and involvement of local people in projects that have a local focus. Requires the responsible agency to ensure the participation of African women in development projects assisted by this Act. Requires the responsible agency to use the program assistance provided by this Act to: (1) help overcome shorter-term constraints to long-term development; and (2) promote reform of national economic policies to support these priorities. Sets forth examples of national economic policy reforms which can be supported by assistance provided by this Act. Requires such reforms to include provisions to protect vulnerable groups, especially poor farmers and the urban poor, from possible negative consequences of such reforms. Requires assistance for such reforms to take account of the need for adjustments should recurrence of drought make it impossible to achieve the goals of the reforms. Designates as the critical sectoral priorities for long-term development: (1) increased agricultural production and the maintenance and restoration of renewable natural resources; (2) improved health conditions; (3) voluntary family planning services; (4) improved relevance and efficiency of education; and (5) development of income generating opportunities for the unemployed and underemployed. Imposes minimum levels of assistance for certain critical sectors. Requires the responsible agency to formulate coherent country development assistance strategies. Sets forth information such strategies must analyze and address. Requires the assistance provided under this Act to be concentrated in countries that will make the most effective use of such assistance. Exempts the assistance authorized by this Act from specified limitations on the procurement of goods and services. Specifies uses for local currencies generated by assistance provided under this Act and other Acts. Provides that funds made available under this Act may be used to assist the countries in sub-Saharan Africa to increase their capacity to participate in donor coordination mechanisms at the country, regional, and sector levels. Authorizes appropriations for FY 1988 through 1992 for long-term development assistance for sub-Saharan Africa and for funding activities of certain international organizations. Expresses the sense of the Congress that the authorization should be extended whenever appropriate. Limits transfers between accounts funded by this Act. Requires the Administrator of the Agency for International Development (AID) to develop a plan for organizational changes within AID in order to carry out the long-term development assistance program for sub-Saharan Africa with maximum effectiveness. Sets forth changes the Administrator shall consider. Requires the Administrator to consult with specified congressional committees about such changes. Authorizes the Administrator to transfer certain funds in order to increase the AID resources for development assistance activities for sub-Saharan Africa. Requires the Administrator to develop a plan for evaluating AID's progress in achieving the purposes of this Act. Requires the plan to provide for: (1) interim evaluations; (2) the establishment of specific criteria for measuring the performance of U.S. development assistance for the poor majority in sub-Saharan Africa; (3) the collection and monitoring of base-line data for future measurement of the effectiveness of such assistance; and (4) the measures by which the evaluations will be used to institutionalize learning within AID. Requires the plan to be developed in consultation with specified congressional committees. Expresses the sense of the Congress that the Office of Technology Assessment should: (1) conduct independent evaluations of AID's performance in providing development assistance to the poor majority in sub-Saharan Africa; and (2) report on such evaluations to specified congressional committees. Requires that assistance from other assistance and development programs be used to provide assistance to the poor majority in sub-Saharan Africa. Authorizes the President to make available such amounts from the funds authorized by this Act as the President deems appropriate to support long-term development assistance for activities of international organizations which are consistent with the purpose of providing assistance for the poor majority in sub-Saharan Africa and which are undertaken in coordination with AID. Encourages the President to use the authorities provided in this Act in coordination with activities of the multilateral development banks in sub-Saharan Africa. Entitles any country in sub-Saharan Africa to debt rescheduling if: (1) that country had an average per capita income in 1984 of less that $550; and (2) at any time between October 1, 1987, and September 30, 1992, an International Monetary Fund standby agreement is in effect with respect to that country, an economic adjustment program of the International Bank for Reconstructionn and Development is in effect with respect to that country, or the President makes a specified certification to the Congress regarding economic policy reforms in such country. Provides that the debt rescheduling shall consist of a five-year grace period on all payments to the United States on specified types of loans. Requires the Secretary of the Treasury to instruct the U.S. Executive Directors of the International Monetary Fund and of the relevant multilateral development banks to pursue means by which those institutions could reschedule the payments due them by the low-income countries in sub-Saharan Africa. Requires the President to ensure that the funds made available by this Act are not used by a country to repay loans. Requires the annual report by the President to the Congress on foreign assistance programs to include a report on the progress made in carrying out this Act. Provides that reprogramming notification requirements do not apply to funds used to carry out this Act. Makes conforming amendments to various Acts. Declares that, where appropriate, African famine relief activities should serve as the foundation for long-term development activities undertaken pursuant to this Act. Provides for the transfer of certain funds so that they may be used for management support activities associated with long-term development assistance. Expresses the sense of the Congress that the purposes of the African Development Foundation are consistent with the purposes of this Act. Amends the African Development Foundation Act to authorize appropriations for the African Development Foundation for FY 1988. Expresses the sense of the Congress that the Office of Technology Assessment should conduct an independent evaluation of the performance of the African Development Foundation in carrying out its purposes and in assuring the sustainability and replicability of the development efforts which the Foundation supports. Expresses the sense of the Congress that special efforts should be undertaken to reduce trade barriers and promote economic interchange between the United States and developing countries in sub-Saharan Africa. Requires the Comptroller General to study, and report to the Congress on, the restrictions which affect the importation of products of developing countries in sub-Saharan Africa.
United States · United States Congress · 19 February 1987
Textile and Apparel Trade Act of 1987 - Limits the 1987 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1986 imports classified under such category. Limits the 1987 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1986 imports of nonrubber footwear classified under such category; and (2) in the case of low priced nonrubber footwear, the total 1986 imports of low priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1987. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation, to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether such country has violated trade concessions of benefit to the United States and such violation has not been adequately offset by U.S. action or by the action of such country. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this paragraph, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this paragraph, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on the operation of this Act.
United States · United States Congress · 19 February 1987
Fair Housing Amendments Act of 1987 - Amends specified Acts to rename them the Civil Rights Act of 1968 and the Fair Housing Act. Amends the Fair Housing Act to make it unlawful to: (1) refuse to sell or rent a dwelling to an individual because that individual, or someone associated with that individual, is handicapped; (2) discriminate against a handicapped individual in the conditions of sale or rental, or in the provision of a related service or facility; (3) refuse to permit reasonable modifications, at the expense of the handicapped person, to permit access to the premises; or (4) refuse to make reasonable accommodations in rules, policies, or services to afford handicapped individuals equal use and enjoyment of a dwelling. Makes it unlawful for anyone engaged in residential real estate-related transactions to discriminate in the provision or terms of a transaction because of race, color, religion, sex, handicap, familial status, or national origin. States that nothing in this Act limits the applicability of any reasonable local, State, or Federal restrictions on the maximum number of occupants permitted to occupy a dwelling unit. States that nothing in this Act regarding familial status applies to any State or Federal program aimed at assisting the elderly. Establishes new administrative enforcement authority in addition to existing enforcement provisions. Directs the Secretary of Housing and Urban Development to transmit an annual report to the Congress on the progress made in eliminating discriminatory housing practices. Allows an aggrieved person to file a complaint with the Secretary alleging a discriminatory housing practice. Allows the Secretary to file such a complaint on his or her own initiative or investigate a housing practice to determine whether such a complaint should be brought. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary to refer matters to the Attorney General, recommending that civil actions be filed, where a respondent has failed to comply with conciliation agreements. Allows the Secretary to refer matters to the Attorney General for prompt judicial action when necessary. Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use control, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits criminal penalties of up to a $100,000 fine and/or imprisonment for not more than one year for noncompliance with subpoenas or other lawful orders. Permits the administrative law judge to award appropriate relief, including punitive damages. Permits the filing of a petition for review of a final order in an appropriate court of appeals within 30 days of service of such order. Permits any prevailing party to be awarded reasonable attorney's fees. Makes certain revisions in the private right of action for aggrieved persons. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Allows the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to fair housing rights has occurred. Permits the Attorney General to commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Describes the types of relief which may be granted in civil actions under such Act.
United States · United States Congress · 19 February 1987
National Oceans Policy Commission Act of 1987 - Establishes the National Oceans Policy Commission (the Commission), composed of 17 members to be appointed by the President. Requires the Commission to have eight congressional advisors to advise the Commission in the formulation of findings and recommendations. Requires the Chairman of the Joint Chiefs of Staff to also advise the Commission. Directs the Commission to propose to the President and the Congress a comprehensive national oceans policy to carry out the purposes set forth in this Act, including promoting the conservation of marine resources and the peaceful use of the oceans. Directs the Commission to develop recommendations on the international and domestic ocean policies, laws, regulations, and activities of the United States that will define and implement the comprehensive policy. Outlines further considerations concerning the development of such recommendations, including surveys of Federal ocean-related activities and reviews of marine facilities. Outlines powers of the Commission and other administrative provisions. Directs the Commission, no later than two years after it first meets, to submit to the President and to each House of the Congress a final report on the comprehensive oceans policy and the recommendations developed under this Act. Terminates the Commission 30 days after such report is submitted. Authorizes appropriations.
United States · United States Congress · 19 February 1987
Prohibits any investments in South Africa by U.S. persons. Prohibits the importation into the United States of any article from South Africa, except for strategic minerals which the President certifies to the Congress are essential for military uses, are not sufficiently available from domestic supplies, and for which no substitutes are available. Prohibits the exportation to South Africa of any goods, technology, or other information subject to U.S. jurisdiction. Prohibits any such exportation by any person subject to U.S. jurisdiction. Exempts from the prohibition against exports to South Africa certain medical supplies and food. Directs the Secretary of Transportation to prohibit the takeoff and landing of any aircraft except for emergencies by a foreign air carrier owned by South Africa or South African nationals. Prohibits the importation into the United States of any South African gold coin. Prohibits any U.S. depository institution from accepting, receiving, or holding a deposit account from South Africa. Prohibits the United States from engaging in any military or intelligence activities in cooperation with South Africa. Authorizes the President to limit imports into the United States from a foreign country to the extent that such foreign country benefits from, or takes commercial advantage of, any prohibition imposed by this Act. Prohibits military assistance to any country which violates the international embargo on arms sales to South Africa. Provides for the enforcement of this Act. Repeals the Comprehensive Anti-Apartheid Act of 1986 and the amendments made by that Act to the Foreign Assistance Act of 1961 and the Export-Import Bank Act of 1945.
United States · United States Congress · 19 February 1987
Amends the Foreign Assistance Act of 1961 to provide that development assistance funds used for population planning service programs may only be used for programs: (1) in which there is no element of coercion; (2) which include an accurate description of the effectiveness and risks of all major methods of family planning; and (3) which include an agreement to provide either other family planning methods if requested or referral to programs offering other methods.
United States · United States Congress · 18 February 1987
Immigration Exclusion and Deportation Amendments of 1987 - Amends the Immigration and Nationality Act to make only the following classes of aliens ineligible to receive visas and be permitted admission into the United States: (1) any alien with a communicable disease of public health significance; (2) any alien with a record of behavior or mental impairment that poses a threat to property or safety; (3) any alien convicted of a crime involving moral turpitude, with specified exceptions; (4) any alien convicted of two or more offenses for which the aggregate sentences actually imposed were five years or more; (5) any alien convicted of specified drug violations; (6) any alien who has engaged in terrorist activity; (7) any alien who participated in Nazi persecutions; (8) any alien deemed by the Attorney General as a probable security risk for certain specified reasons, including terrorist activity; (9) any alien who is likely to become a public economic burden; (10) any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor, with certain qualified exceptions; (11) any alien who is a graduate of a medical school not accredited by a body approved for such purpose by the Secretary of Education, with certain exceptions; (12) any excluded or deported alien who seeks readmission within one year of the event, unless such readmission is consented to by the Attorney General; (13) any alien seeking to enter the United States by fraud or the willful misrepresentation of a material fact; (14) any stowaway alien; (15) any alien who aids any other alien in illegal entry; (16) any immigrant not in possession of a valid immigrant visa and passport at the time of admission; (17) any nonimmigrant not in possession of a valid passport authorizing the alien to return to the country from which he or she came; (18) any alien ineligible for U.S. citizenship, including a person who left or remained outside the United States to avoid U.S. military service in time of war or national emergency; and (19) any alien who is a narcotic drug addict. Repeals the ideological grounds for exclusion. Permits a U.S. citizen or permanent resident denied an opportunity to meet with or hear in person an alien excluded from the United States on security grounds to seek judicial review of such denial in U.S. district court. Repeals provisions dealing with bond and conditions for admission for permanent residence for retarded, tubercular, and mentally ill aliens. Makes deportable by the Attorney General only those aliens within one of the following classes: (1) any alien who at the time of entry was within one or more of the classes of aliens excludable by then existing law; (2) any alien entering the United States without inspection or at a time and place other than as designated by the Attorney General; (3) any alien admitted as a nonimmigrant who has failed to maintain such status; (4) any alien admitted as a temporary agricultural worker (H-2A visa) whose status has been terminated (with family hardship exceptions); (5) any alien who within five years of entry knowingly and for gain has aided another alien to illegally enter the United States; (6) any alien admitted as an additional special agricultural worker who fails to show the necessary number of seasonal work days; (7) any alien convicted of a crime involving moral turpitude committed within five years from the date of entry and who is either sentenced or confined for a term of one year or longer; (8) any alien who at any time after entry is convicted of two or more crimes involving moral turpitude; (9) any alien who at any time after entry is convicted of a violation of certain drug laws; (10) any alien who is a narcotic drug addict; (11) any alien who at any time after entry is convicted under weapons-possession laws; (12) any alien who at any time is convicted on any of various specified loyalty laws (e.g. sabotage, treason and sedition, selective service, etc.); (13) any alien who fails to comply with alien registration laws or foreign agent registration laws; (14) any alien convicted of fraud or misuse of visas or other entry documents; (15) any alien engaging in activity which endangers the public safety or national security, including terrorist activity; (16) any alien who within five years after entry has become a public economic burden; (17) any alien who has engaged in terrorist activity; or (18) any alien who participated in Nazi persecutions.
United States · United States Congress · 18 February 1987
Economic Dislocation and Worker Adjustment Assistance Act - Amends title III (Employment and Training Assistance for Dislocated Workers) of the Job Training Partnership Act to establish a Dislocated Worker Unit in the Department of Labor, which shall be responsible for the administration and supervision of the programs established under such title. Sets forth provisions for State delivery of dislocated worker services. Requires State Governors to submit to the Secretary of Labor, on a biennial basis, a State plan describing in detail the programs and activities that will be assisted with funds provided under such title. Requires the Governor to create or designate an identifiable State dislocated worker unit or office with the capability to respond rapidly, on site, to plant closings and mass layoffs. Requires the State unit to make appropriate training and reemployment assistance available to eligible dislocated workers through the use of rapid response teams or through service delivery offices or other appropriate organizations. Sets forth other requirements for the State plan and the State unit. Permits funds allocated to States under this Act to be used to: (1) provide plant-specific adjustment assistance; (2) deliver, coordinate, and integrate normal labor market services; (3) identify and correct the basic educational deficiencies of dislocated workers; (4) provide vocational and on-the-job training; (5) provide income support; and (6) for FY 1988 and 1989, continue to provide any program,activity, or service that was provided under title III before the enactment of this Act. Directs the Secretary of Labor, from funds appropriated for title III, to reserve 30 percent for demonstration, exemplary, and model programs and to allocate 70 percent among the States on the basis of: (1) number of unemployed individuals; (2) excess number of unemployed individuals; and (3) number of individuals who have been unemployed for 15 weeks or more. (Provides that 25 percent of such 70 percent allotment be made on the basis of number of workers displaced by plant closings or mass layoffs in the most recent period for which satisfactory data are available.) Directs the Secretary to promulgate standards for the conduct and evaluation of programs under title III, including a standard to encourage the establishment of worker adjustment committees. Prohibits States from providing more than 50 percent of the operating cost of such committees. Sets forth provisions for State tripartite advisory committees, made up of representatives of labor, business, and public or private nonprofit agencies. Requires such committees to review the programs and activities conducted under title III and the biennial State plans. Establishes a National Tripartite Advisory Committee, composed of representatives of business, labor, and public or private nonprofit agencies. Directs the Committee to review programs under title III and report annually to the Secretary and the Congress. Directs the Secretary to provide for an annual evaluation of the title III program, which measures success in placing dislocated workers in unsubsidized employment. Directs the Secretary to submit to the Congress a report on the activities of the Dislocated Worker Unit, as part of the annual report of the Department of Labor. Sets forth provisions for demonstration, exemplary, and model programs. Provides that, from amounts reserved for such programs: (1) up to 20 percent shall be available for grants for training loan demonstration programs; (2) up to 20 percent shall be available for grants for public works employment demonstration programs; and (3) the remaining percent, which shall be at least 70 percent, shall be available for providing training, retraining, job search assistance, placement, relocation assistance, and other aid to individuals who are affected by mass layoffs, natural disasters, and Federal Government actions (such as relocation of Federal facilities), or who reside in areas of high unemployment. Provides for a dislocated workers training loan demonstration program. Directs the Secretary to allocate amounts reserved for such program among communities having the largest number of dislocated workers. Provides for such programs in at least five but not more than ten such communities. Authorizes the Secretary to either directly conduct such demonstration programs or to enter into agreements with State dislocated workers units or State or local for agreements for dislocated workers direct loan funds. public agencies or nonprofit private organizations. Sets forth provisions Provides that such loans, up to $5,000 per worker, may be used for: (1) vocational and and on-the-job training; (2) basic education and literacy instruction; (3) relocation expenses; and (4) child care services. Requires the Secretary to provide for evaluation of the direct loan approach and to report to the Congress by October 1, 1989. Provides for a public works employment demonstration program. Directs the Secretary to allocate amounts reserved for such program among cities and counties: (1) which are geographically diverse; (2) which represent urban and rural areas; and (3) for which the unemployment rate for the last six months exceeded the national average by at least two percent. Provides for such programs in at least five but not more than ten cities or countries. Makes an individual eligible to participate in such public works employment demonstration projects if the individual: (1) is an eligible dislocated worker who has been unemployed for at least 15 weeks; (2) has been unemployed or without steady employment for two years; or (3) is a recipient of aid to families with dependent children for at least two years. Requires each participant to be tested for basic reading and writing competence by the private industry council prior to employment by an assisted job project. Provides for counseling and instruction to be given to those who fail such tests. Requires each participant to have received a secondary school diploma or its equivalent, or maintain satisfactory progress toward such a diploma. Requires the private industry council to select the job projects to be assisted. Limits such employment to 32 hours per week. Sets wages at the higher of: (1) the minimum wage; or (2) the amount received in welfare or unemployment compensation, plus ten percent. Directs the private industry council for the area in which the demonstration is conducted to establish job clubs to assist eligible participants with the preparation of resumes, the development of interviewing techniques, and evaluation of individual job search activities. Directs the private industry councils to select projects which are designed to develop marketable skills and show potential for assisting participants to find jobs in the private sector. Directs the Secretary to evaluate such employment demonstration program and report to the Congress by October 1, 1989. Sets forth provisions for labor-management notification and consultation in the event of plant closings and mass layoffs. Prohibits employers from ordering a plant closing or mass layoffs until the end of a specified period after the employer notifies: (1) the employees' representative or if none, each affected employee; and (2) the State dislocated workers unit and the chief administrative officer of the local government. Prohibits an employer from ordering a plant closing or mass layoff unless the employer has met and consulted in good faith with representatives of the affected employees and the local government. Gives the employer the duty of disclosing relevant information during such consultation. Provides for protective orders to protect such information from disclosure to competitors. Makes employers who fail to notify or consult with the affected employees or their representatives liable for back pay and the cost of related benefits. Makes employers who fail to notify the State dislocated worker unit or notify and consult with the local government liable for a specified amount for each day of the violation. Makes employees or representatives of affected employees or local governments liable for violations of protective orders for the amount of financial loss suffered by the employer. Defines "employer" as any business enterprise in any State that employs: (1) 50 or more full-time employees; or (2) 50 or more employees who in the aggregate work at least 2,000 hours per week (exclusive of overtime). Defines "plant closing or mass layoff" as an employment loss for 50 or more employees of an employer at any site during any 30-day period. Expresses the sense of the Congress that employers who are not required to comply with such notice and consultation requirements should provide notice to, consult with, and disclose information to their employees about proposals to close a plant or permanently reduce its workforce. Authorizes appropriations for title III for FY 1988 and each succeeding fiscal year.
United States · United States Congress · 18 February 1987
Reaffirms Congress' commitment of the American people to promote the development of democracy for all Korean people. Expresses the sense of the Congress that: (1) the U.S. interest in securing democracy and human rights in the Republic of Korea would best be served by the peaceful establishment of democratic institutions; (2) a necessary condition for achieving democracy is an electoral system that gives the Korean people confidence that the outcome of such elections will reflect their will; and (3) the necessary conditions of such elections are freedom of expression, freedom of the press, due process of law, an independent judiciary, an end to the use of torture, the release of all political prisoners, and the restoration of political and civil rights for all people, including Kim Dae Jung and Kim Young Sam.
United States · United States Congress · 18 February 1987
Supports the President in seeking global measures regarding the adverse effects resulting from the release of chloroflurocarbons and other manufactured chemicals that significantly deplete the ozone layer, including negotiating an immediate international reduction in the use of chlorofluorocarbons and the expeditious elimination of fully halogenated chlorofluorocarbons and other manufacturing chemicals that may deplete the ozone layer.
United States · United States Congress · 10 February 1987
Eliminates provisions of Federal law which restrict premium pay to the minimum rate of basic pay for GS-10 for Federal employees in a position in which: (1) the hours of duty cannot be controlled administratively; (2) a substantial amount of irregular, unscheduled overtime is required; and (3) the employee is generally responsible for recognizing circumstances which require the employee to remain on duty.
United States · United States Congress · 9 February 1987
Amends the Federal Tort Claims Act to allow members of the armed forces serving on active duty or on full-time National Guard duty to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a medical treatment facility operated by the military or the United States.
United States · United States Congress · 9 February 1987
Utility Ratepayer Refund Act of 1987 - Repeals provisions of the Tax Reform Act of 1986 which extend the normalization requirements to the treatment of excess deferred tax reserves of public utility companies.
United States · United States Congress · 5 February 1987
Designates August 12, 1988, as National Civil Rights Day and requests the President to issue a proclamation calling for the ringing of church bells during a moment of silence.
United States · United States Congress · 4 February 1987
Amends the Federal criminal code to require a seven-day waiting period prior to the sale, delivery, or transfer of a handgun (during which time a sworn statement is sent to the chief law enforcement officer of the transferee's place of residence providing notice of the proposed transaction). Authorizes an alternative procedure to such requirement which permits waiving the seven-day waiting period if the transferee presents a certificate from such officer stating that access to a handgun is required because of threats to the transferee's life. Sets forth: (1) certain reporting and recordkeeping requirements; and (2) criminal penalties for violations of this Act.
United States · United States Congress · 4 February 1987
Terrorist Firearms Prevention Act of 1987 - Amends the Federal criminal code to prohibit the manufacture and importation of any firearm that is not readily detectable as a firearm by standard airport security equipment and readily identifiable as a firearm. Exempts specified firearms from such manufacturing prohibition.
United States · United States Congress · 4 February 1987
Authorizes appropriations for the Maritime Administration for FY 1988 for: (1) payment of operating-differential subsidy obligations; (2) research and development activities; and (3) operations and training activities. Authorizes appropriations for the Federal Maritime Commission for FY 1988. Amends the Merchant Marine Act, 1936 to revise Federal provisions relating to the making of student incentive payments to individuals enrolled in State maritime academies.
United States · United States Congress · 4 February 1987
Food Irradiation Safety and Labeling Requirement Act of 1987 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations. Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation. Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated. Requires persons irradiating food to report semiannually to the Secretary.
United States · United States Congress · 4 February 1987
Intelligence Oversight Amendments of 1987 - Amends the Foreign Assistance Act of 1961 to require the President to make a written finding that a Central Intelligence Agency operation in a foreign country (other than an intelligence gathering operation) is important to the national security and to furnish a copy of that finding, before the start of such operation, to specified Members of Congress and the Vice President, the Secretaries of State and of Defense, and the Director of Central Intelligence. Amends the National Security Act of 1947 to permit deferral of notice to the Congress of such intelligence activity for not more than 48 hours only in extraordinary circumstances affecting vital U.S. interests and only where time is of the essence.
United States · United States Congress · 4 February 1987
Amends the Outer Continental Shelf Lands Act to revise the State and Federal consultation procedures applicable to certain determinations of the Secretary of the Interior regarding proposed lease sales or development and production plans. Requires the Secretary to weigh equally the need for oil and gas production and the need to protect coastal zone resources and the marine environment in reaching such a determination.
United States · United States Congress · 4 February 1987
Young Americans Act of 1987 - Title I: Declaration of Objectives; Definitions - Sets forth the declaration of objectives and definitions under this Act. Title II: The Administration on Children, Youth, and Families - Establishes in the Office of the Secretary of Health and Human Services an Administration on Children, Youth, and Families which shall be headed by a Commissioner on Children, Youth, and Families. Sets forth the duties and functions of the Administration. Directs the Commissioner to advise, consult, and cooperate with the head of each Federal agency or department proposing or administering programs or services substantially related to the purpose of this Act. Establishes a Federal Council on Children, Youth, and Families. Directs the Council to report annually to the President. Authorizes appropriations for FY 1987 through 1990. Sets forth the administrative authority of the Commissioner under this Act. Directs the Secretary of Health and Human Services to issue regulations for the administration of this Act. Directs the Secretary to measure and evaluate the impact of all programs authorized under this Act. Directs the Commissioner to report annually to the President and the Congress on the activities carried out under this Act and other activities delegated by the Secretary to the Administration. Directs the Commissioner, within two years after the enactment of this Act, to report to the Congress on the extent to which the need for services for the prevention and treatment of the abuse of children is unmet. Provides for advance funding under this Act. Title III: Grants for State and Community Programs for Children, Youth, and Families - Part A: General Provisions - Authorizes appropriations for FY 1987 through 1990 for grants under part A of this title (State and community planning) and under part B of this title (supportive services). Provides for State allotments for part A based on population aged 24 or younger. Sets forth requirements for a State to be eligible to participate in programs of grants to States from allotments under this title. Requires designation of a State agency to: (1) serve as an effective and visible advocate for children and youth by reviewing and commenting on all State plans, budgets, and priorities which affect children, youth, and their families and by providing technical assistance to those representing the needs of the young; (2) develop and administer the State plan; (3) coordinate all State activities related to the purpose of this Act; and (4) divide the State into district planning and service areas and designate area agencies for children, youth, and families. Requires area agencies to develop area advocacy plans. Requires each such plan to determine for young individuals the extent of the need within the area with respect to: (1) physical and mental health; (2) physical shelter; (3) educational opportunity; (4) training and apprenticeship programs leading to employment; (5) civic, cultural, and recreational activities; and (6) opportunities for participation in decisions concerning the planning and managing of their lives. Requires the plan to evaluate the use of resources in meeting such need. Requires State plans to be based upon area plans. Requires State plans to provide assurances that the State agency will establish and operate an out-of-home placement care ombudsman program. Provides that part A State allotments may be used to make grants to States for paying up to 75 percent of the cost of administration of its State plan. Part B: Supportive Services - Directs the Commissioner to make grants to States under approved State plans to demonstrate successful program approaches to service gaps identified through State and area planning and advocacy efforts. Lists eligible services under this part. Provides that part B appropriations may be used to make grants for paying up to 85 percent of supportive services. Title IV: White House Conference on Young Americans - 1990 White House Conference on Young Americans - Directs the President to call a White House Conference on Young Americans in 1990. Provides that the Conference shall be planned and conducted under the direction of the Secretary of Health and Human Services in cooperation with the Commissioner on Children, Youth, and Families and the heads of other appropriate Federal agencies. Requires the final report of the Conference to be submitted to the President within 180 days following the date on which the Conference is adjourned. Directs the Secretary, within 90 days after submission of the report, to transmit to the President and the Congress recommendations for administrative action and legislation necessary to implement the report's recommendations. Sets forth provisions for the administration of the Conference. Directs the Secretary to establish an advisory committee to the Conference and such other committees as may be necessary to assist in planning, conducting, and reviewing the Conference. Authorizes appropriations for FY 1988 through 1990 to carry out this title.
United States · United States Congress · 3 February 1987
Plastic Pollution Research and Control Act - Title I: Regulation of Disposal of Certain Materials at Sea - Directs the Secretary of the department in which the Coast Guard is operating to enforce specified regulations promulgated under the International Convention for the Prevention of Pollution from Ships, 1973 (the Annex V Regulations) and also to prescribe any regulations necessary to carry out this Act. Prohibits a person from disposing of any material from a ship of U.S. registry, or nationality, or operated under the authority of the United States, in violation of Annex V. Prohibits such disposal from a foreign vessel when such disposal is made from within a specified distance from the United States as enumerated under the Annex V Regulations. Requires any disposal violations to be immediately reported to the Secretary, and sets forth penalties for such violations. Directs the Secretary of the Treasury, upon the request of the Secretary of the department in which the Coast Guard is operating, to refuse or revoke the clearance or the permit to proceed of a ship liable for a penalty under this Act. Directs the Secretary to undertake inspections and investigations to enforce the provisions of this Act. Directs the President to ensure public-vessel compliance with the provisions of this Act. Title II: Negotiations, Research, and Regulation Regarding Fishing With Plastic Driftnets - Directs the President, acting through the Secretary of State and in consultation with the Secretaries of Commerce and of the Interior, to promptly initiate negotiations with each foreign government that conducts driftnet fishing operations that result in the taking of marine resources of the United States: (1) to arrange for cooperative monitoring of such operations; and (2) to agree on methods to reduce the unintended mortality of marine resources during such operations. Directs the Secretary of Commerce, in consultation with the Secretary of the Interior, to conduct a study on the impacts of driftnet fishing on marine resources of the United States. Directs the Secretary to assess the need for developing a system for the marking, registration, and identification of driftnets in order to determine the origin of lost, discarded, or abandoned driftnets or fragments of driftnets. Directs the Secretary to evaluate the feasibility of developing decomposable material for use as fishnets. Establishes the Aleutian Island Seabird Protection Zone surrounding the Aleutian Islands off Alaska within which no driftnet fishing is permitted. Provides for the enforcement of such prohibition and penalties for its violation. Directs the Secretary of Commerce, in consultation with the Administrator of the Environmental Protection Agency, to conduct a study on the impacts of discarded plastic materials on the marine environment, together with recommendations. Directs the President, within one year after the enactment of this Act, to report to the Congress the results of negotiations regarding driftnet fishing by foreign vessels. Directs the Secretary of Commerce, within 18 months after the enactment of this Act, to report to the Congress regarding various studies required under this Act. Authorizes appropriations to the Department of Commerce for FY 1988 and 1989 to carry out this Act.
United States · United States Congress · 3 February 1987
Family and Medical Leave Act of 1987 - Title I: General Requirements for Family Leave and Medical Leave - Makes rights provided under this title inapplicable to employees of any facility of an employer at which fewer than 15 employees are employed if the combined number of employees employed by the employer within 200 miles of the facility is fewer than 15. Entitles employees to family leave for specified periods in cases involving the birth, adoption, or serious health condition of a child or the serious health condition of a parent. Entitles employees to temporary medical leave for specified periods in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for injunctive relief, monetary relief, and attorneys' fees. Requires employers to post notice of the pertinent provisions of this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Sets forth protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Paid Family and Medical Leave - Establishes the Commission on Paid Family and Medical Leave. Requires the Commission to report on its study of paid family and medical leave to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act.
United States · United States Congress · 3 February 1987
Federal Oil and Gas Leasing Amendments Act of 1986 - Amends the Mineral Leasing Act of 1920 to authorize the Secretary of the Interior (the Secretary), or the Secretary of Agriculture in the case of public domain National Forest System lands, to lease onshore Federal lands for oil and gas development by competitive bidding if the appropriate Secretary determines such lands to be suitable for such development. Increases land units for development from 640 acres to 2,560 acres. Requires the Secretary to: (1) invite public nomination of areas favorable for oil and gas discovery at least once each calendar quarter; (2) automatically offer to lease any area receiving two or more such public nominations if the Secretary has determined such areas to be available and suitable for leasing; (3) hold competitive oil and gas lease sales on a quarterly basis; and (4) issue a lease to the highest responsible qualified bidder. Authorizes the Secretary to extend the initial five-year lease term of a non-producing oil or gas lease only upon finding that the lessee could not adequately explore during the initial lease term due to certain circumstances not attributable to the lessee. Requires an extension application to include an exploration plan. Limits total extensions to five years. Proscribes guidelines for rentals and royalties. Requires the Secretary to: (1) report periodically to the Congress regarding fees, rentals, and royalty payments; (2) notify the appropriate State Governor and the general public of scheduled lease offerings and of the scheduled approval of lease development activities; (3) regulate all surface-disturbing operations conducted under a lease; and (4) determine surface-resources conservation activities. Conditions the granting of a drilling permit on an oil or gas lease upon: (1) the Secretary's approval of an operations plan covering all surface-disturbing activities; and (2) the posting of sufficient bond by the lessee to ensure reclamation of surface disturbing activities. Prohibits the Secretary from issuing any lease on national forest lands without the approval of the Secretary of Agriculture. Conditions the issuance of oil and gas leases on public lands (or public domain national forest lands) upon evaluation and approval of such leases in a land use plan meeting specified environmental requirements. Proscribes the issuance of oil and gas leases upon specified wilderness study lands. Authorizes either Secretary to issue permits for prospecting, seismic surveys, and core sampling not requiring road construction or improvements, if such activity is conducted in a manner compatible with the preservation of the wilderness environment. Prohibits the use of explosives in designated wilderness areas. Requires an exploration license for the commercial exploration of oil and gas on lands subject to this Act. Sets forth a one-year term for such license. Provides that exploration licenses for lands under the jurisdiction of other Federal agencies may only be issued by the Secretary upon such conditions as the surface management agency may prescribe regarding the use and protection of the nonmineral interest in those lands. Imposes a fine for commercial oil and gas exploration without a commercial exploration license.
United States · United States Congress · 3 February 1987
Expresses the sense of the Congress that the Social Security Administration should not take actions which impair the ability of the staff of the Social Security Disability Insurance (SSDI) program to make eligibility determinations in accordance with the Social Security Disability Benefits Reform Act of 1984. Urges the Social Security Administration to place a higher priority on assisting States in both complying with the 1984 reforms and improving the accuracy of SSDI eligibility determinations.
United States · United States Congress · 2 February 1987
Self-Sufficiency for the Poor Act of 1987 - Amends the Foreign Assistance Act of 1961 to require the President to use the foreign currencies paid by the government of a developing country (pursuant to the low interest loan program established by this Act) to make grants to intermediaries that provide credit and other assistance directly to the poorest people in that country for locally chosen self-help investment activities and small-scale private enterprise activities. Sets forth the types of assistance that may be provided by such intermediaries, including limited amounts of credit for individuals, training, and grants for small-scale projects. Describes the types of locally chosen self-help investment activities and small scale enterprises to be supported by such grants. Provides that organizations that have demonstrated effectiveness in providing assistance to the poorest people are eligible for such grants. Requires the local currencies to be disbursed as grants to the intermediaries as quickly as possible. Provides for the administration of the grants. Authorizes the President, in order to provide such grants, to use economic assistance funds to provide economic assistance to developing countries on a loan basis. Requires that a specified minimum amount of the economic assistance funds shall be used for such loans each year. Sets forth the terms of the loans. Provides for notification of the Congress of the reprogramming of economic assistance funds for such loans.
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 · 2 February 1987
Directs the Secretary of Health and Human Services to require certain restaurants which sell packaged food to label such food or display a prominent notice containing information required under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 29 January 1987
Declares that the Congress: (1) protests continued Soviet violations of international human rights, especially its restrictive emigration regulations; (2) states that such human rights abuses seriously affect negotiations between the United States and the Soviet Union; (3) calls upon the Soviet authorities to release all "Prisoners of Conscience" and permit all "refuseniks" and other specified people to emigrate; and (4) dedicates itself to support, as a priority during the 100th Congress, the restoration of internationally recognized human rights to all Soviet citizens, especially restoration of the right to emigrate to Soviet Jews and others who have requested exit visas.
United States · United States Congress · 28 January 1987
Title I: Authorization - Authorizes the Secretary of the Interior to undertake research, investigations, appraisals, surveys, and related activities of the Nation's water resources. Authorizes the Secretary to cooperate with other government agencies and to perform such activities on a reimbursable basis, as specified. Authorizes appropriations for FY 1988 through 1990. Title II: National Ground Water Contamination Research - National Ground Water Contamination Research Act of 1987 - Makes the Secretary of the Interior primarily responsible at the Federal level for collecting, analyzing, and disseminating information concerning the state of the Nation's groundwater. Requires the Secretary to report within two years to specified congressional committees and the States on the condition of the Nation's groundwater. Requires that such report be accompanied by an independent evaluation by State individuals charged with responsibility for water pollution control matters. Directs the Secretary to establish a national groundwater quality assessment program within three years of enactment. Requires such program to coordinate government efforts in such area, seek to achieve uniform data collection, and provide information and assistance as required. Directs the Secretary to establish a national groundwater clearinghouse. Requires the Secretary to establish a technical assistance program to serve other Federal and governmental agencies. Amends the Water Resources Research Act of 1974 to make conforming changes. Authorizes appropriations for such programs.
United States · United States Congress · 28 January 1987
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes in the Executive Office of the President the Defense Economic Adjustment Council to be co-chaired by the Secretaries of Commerce and Labor. Establishes in the Executive Office an Office of Economic Adjustment, headed by a Director, to provide staff support to the Council. Directs the Council to disseminate information from the Secretary of Defense to Federal, State, and local agencies concerning proposed or pending changes in defense spending which would affect employment in the defense industry. Requires the Council to perform other duties, including: (1) encouraging the preparation of plans for non-defense-related public projects; (2) coordinating and developing information on priority, federally funded projects and programs pertaining to defense economic adjustment; (3) monitoring job services information banks; and (4) determining criteria for eligibility for assistance under this Act. Directs the Secretary of Defense to provide the pertinent information to the Council a year in advance of any change and to furnish the Council with projected future defense spending levels. Directs the Council to prepare and distribute a Conversion Guidelines Handbook to outline requirements of programs for professional retraining of personnel. Title II: Community Economic Adjustment Planning - Makes eligible for Federal assistance for economic adjustment planning any community which is substantially affected by reduction or elimination of Government defense facilities or curtailment or conclusion of defense contracts. Directs the Council to make available to alternative use committees information on economic development programs of any Federal instrumentality which provides funds that may be used for planning. Requires the Council to report to the Congress at least annually on any such economic development program. Directs the Council to use data from other departments to develop criteria which ensures that assistance is directed to those communities that are most vulnerable economically to reductions in defense expenditures. Requires the Council to publish a semiannual list of eligible communities. Requires excess property resulting from a closing or reduction in a Government-owned facility to be appraised for purposes of resale to the community. Title III: Alternative Use Committees - Requires the establishment of alternative use committees at defense facilities to plan for economic conversion in the event of closure or reduction. Directs such committees to: (1) evaluate the assets of the facilities and the resources and requirements of the local community; (2) develop at least biennially a detailed plan for conversion of the facility to non-defense-related productive activity; and (3) provide retraining and reemployment counseling services. Requires conversion plans to maximize the pool of skills of available personnel and specify in detail the composition of the work force and plant, material, and financing requirements. Penalizes any contractor who fails to submit an alternative use plan or carry out one approved by the Council by making such contractor ineligible for future defense contracts for three years. Title IV: Economic Adjustment Assistance for Workers - Makes displaced workers certified by the local alternative use committees to the Council eligible for benefits for two years under this Act. Includes among such benefits: weekly compensation, vested pension credit, maintenance of health insurance, retraining for civilian work, job search allowance, and reimbursement for relocation expenses. Requires completion of a program of professional retraining before certain employees are eligible for assistance. Directs the Council to enter into agreements with a State or agency in the State administering the unemployment compensation law to disburse benefits under this Act. Requires displaced workers to accept any employment determined by the State agency or Secretary of Labor to be comparable to the former job, or benefits will terminate. Excludes these benefits from other determinations of eligibility for unemployment compensation under any Federal or State law. Title V: Economic Adjustment Fund - Establishes in the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contractors to pay a specified percentage into the Fund. Directs the Secretary of the Treasury to deposit a percentage of the projected savings resulting from a cancellation or cutback in defense spending. Title VI: Use of Certain Research Funds - Requires the Council to define urgent national requirements for nondefense sectors of the economy in any determination of the Secretary of Defense as to how certain research and development funds are to be spent. Title VII: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 27 January 1987
Urgent Supplemental Assistance for Southern Africa Act of 1987 - Establishes the Southern Africa Special Humanitarian Assistance Fund which shall be used for humanitarian assistance programs in Angola, Botswana, Lesotho, Madagascar, Malawi, Mozambique, Swaziland, Tanzania, Zambia, and Zimbabwe. Authorizes appropriations for the Fund for FY 1987. Requires the money in the Fund to be used only for: (1) certain projects supported by the Southern Africa Development Coordination Conference; (2) the African Development Foundation; (3) refugee assistance and certain international organizations; (4) international disaster assistance; and (5) projects sponsored by certain nongovernmental organizations. Provides for transfers of money among the accounts within the Fund. Requires the President, in providing famine relief under the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480), to enter into an agreement that would facilitate the provision of urgently needed food commodities to people in the named countries. Provides that such an agreement shall be a triangular agreement under which one country receives agricultural commodities under Public Law 480 in exchange for the supply by that country of other agricultural commodities to a named country or countries. Authorizes the President to use up to 25 per cent of the funds available to carry out the famine relief provisions of Public Law 480 for prepositioning food in recipient countries. Provides that such famine relief funds may be used for the inland transportation of agricultural commodities wherever necessary.
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
Establishes the United States Commission on Improving the Effectiveness of the United Nations to examine and evaluate the strengths and weaknesses of the United Nations system and to submit to the President and the Congress recommendations on ways to improve its effectiveness and the role of the United States in such system. Sets forth specified items which the Commission should focus on in carrying out its duties. Requires the Commission to transmit to the President and the Congress a report containing a detailed statement of its findings, conclusions, and recommendations. Authorizes the Commission to receive private contributions. Terminates the Commission 60 days after the submission of its report.
United States · United States Congress · 22 January 1987
Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation to issue regulations which require that trains be operated by persons licensed under such Act. Requires such regulations to: (1) establish minimum licensing standards; and (2) ensure that the license applicant has not been reported to the National Driver Register because of a motor vehicle-related conviction under the National Driver Register Act of 1982 for driving under the influence, reckless driving, or other traffic violations. Entitles individuals who are denied a license because their names appear on the Register to an administrative hearing to determine whether such license has been properly denied. Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman's certificate to an individual who has been reported to the Register because of a motor vehicle-related conviction. Mandates the revocation of an airman's certificate of any individual who has been reported to the Register because of such conviction. Amends the National Driver Register Act of 1982 to direct the Secretary of Transportation, for airman certification purposes, to provide the Administrator of the Federal Aviation Administration with information regarding the motor vehicle driving record of any individual.
United States · United States Congress · 21 January 1987
Requires the Secretary of Transportation to withhold five percent of the amount required to be apportioned to any State under the Federal-aid highway program if it is lawful in such State to: (1) possess an open alcoholic beverage container in the passenger area of any motor vehicle on a public highway; (2) consume any alcoholic beverage in such motor vehicle on a public highway; or (3) drive a motor vehicle on a public highway when the driver's blood alcohol concentration is at least 0.10 percent. Exempts from such withholding measures charter buses of ten or more passengers whose drivers are not permitted by State law to possess open alcoholic beverages in the passenger area. Sets forth guidelines for the withholding of such funds. Provides for the release of withheld funds to States which comply with this Act.
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.
![Official portrait of Rep. Studds, Gerry E. [D-MA-10]](https://www.congress.gov/img/member/s001040_200.jpg)