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Official portrait of Sen. Bingaman, Jeff [D-NM]

Sen. Bingaman, Jeff [D-NM]

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5,492 records where Sen. Bingaman, Jeff [D-NM] is listed as a sponsor, author, or other actor. Search with topics and years

Resolution· SRESS.Res. 174 (100th)referred

A resolution expressing the sense of the Senate condemning the Soviet-Cuban build-up in Angola and the severe human rights violations of the Marxist regime in Angola.

United States · United States Congress · 24 March 1987

Expresses the sense of the Senate that the United States, so long as Soviet and Cuban military forces occupy Angola, should encourage peace and national reconciliation in Angola through a negotiated settlement to the military conflict and stress the holding of free elections as outlined in the 1975 Alvor Agreement through: (1) support for Soviet and Cuban withdrawal and a negotiated peaceful settlement; and (2) consistent efforts by the President and the Secretary of State to convey to the Soviets that their continued presence in Angola hinders future U.S.-Soviet relations. Requests the President to use his authorities under the Export Administration Act to block U.S. business transactions which conflict with U.S. security interests in Angola. Expresses the sense of the Senate that the Secretary of State should: (1) review U.S. policy with respect to the U.S. refusal to recognize the Marxist Popular Movement for the Liberation of Angola (MPLA), the human rights record of the MPLA, and the worst 1985 voting record supporting U.S. interests in the United Nations; and (2) transmit to the Congress a report on the U.S. policy review, together with a determination on the current U.S. trade and business policy with respect to Angola.

Bill· SS. 809 (100th)passed

Urgent Relief for the Homeless Act

United States · United States Congress · 23 March 1987

Urgent Relief for the Homeless Act - Title I: Interagency Council on the Homeless Act - Interagency Council on the Homeless Act - Establishes the Interagency Council on the Homeless as the successor to the Department of Health and Human Services' Federal Task Force on the Homeless. Transfers all Task Force functions to the Council and terminates the Task Force. Sets forth Council functions, including: (1) Federal homeless program review; (2) governmental and private programs evaluation; (3) information distribution; and (4) provision of professional and technical assistance. Requires each Federal agency to report annually (the first report due within 90 days of enactment of this Act) to the Congress and the Council regarding its programs for the homeless, any impediments including statutory or regulatory restrictions affecting such programs, and efforts made to increase food, shelter, and support opportunities for the homeless. Requires the Council to report annually to the President and to the Congress regarding: (1) the nature and extent of the homeless problem; (2) Council activities in cooperation with governmental and private entities; (3) Federal programs for the homeless, and an assessment of necessary levels of Federal assistance; and (4) appropriate recommendations. Authorizes FY 1987 and 1988 appropriations. Title II: Clarification of Use of Excess Property Under the Federal Property and Administrative Services Act of 1949 - Excess Property Identification Act of 1987 - Requires: (1) each Federal agency to identify excess property under its control that would be suitable for use as a shelter or to provide services to the homeless; and (2) the Administrator of General Services to report to the Council on the availability of such property. Title III: Shelter Program - Part A: General Provisions - Emergency Food and Shelter Act of 1987 - Establishes the Emergency Food and Shelter Program National Board, to be constituted by the Director of the Federal Emergency Management Agency (FEMA) in accordance with the provisions of this Act. Directs FEMA to act as Federal liaison and provide support services to the Board. States that each Board-designated locality shall constitute a local board for purposes of determining fund distributions. Sets forth local board responsibilities, including: (1) coordination with other governmental assistance programs; (2) selection of grant recipients; and (3) program monitoring. Sets forth Board recordkeeping and audit provisions, including authority for access by the Comptroller General of the United States. Requires the Board to report annually to the Congress. Part B: Emergency Food and Shelter Grants - Requires the Director of FEMA, within 30 days of enactment of a law providing appropriations to carry out this part, to provide funds to the Board for grants to private nonprofit organizations and units of local government to: (1) provide shelter, food, and support services to the homeless, with attention given to homeless persons with mental and physical disabilities; (2) strengthen efforts to create more effective and innovative local programs; and (3) conduct limited rehabilitation of existing mass shelter or mass feeding facilities. Limits Board funding to only those programs carried out by nonprofit organizations and units of local government which are consistent with the purposes of this title. Prohibits the Board from carrying out programs directly. Limits administrative costs to not more than five percent of total appropriations. Requires the Board to establish written guidelines, including: (1) methods for identifying needy localities, and determining allocations; (2) eligible program costs; and (3) guidelines specifying the responsibilities and reporting requirements of the Board, its recipients and service providers. Authorizes FY 1987 appropriations, including any amount provided under Public Law 100-6 (additional funding for the Emergency Food and Shelter Program of the Federal Emergency Management Agency). Part C: Case Management - Requires the Director of FEMA, within 30 days of enactment of a law providing appropriations to carry out this part, to provide grants to the Board to be given to recipient private nonprofit organizations and units of local government under part B of this Act to provide the homeless in shelters with case management services. Requires recipients to provide or arrange for such services. Sets forth required services. States that, if feasible in certain areas, the government or private entity operating a homeless shelter shall give preference to specified Community Services Block Grant programs in arranging for the provision of case management services. Authorizes FY 1987 and 1988 appropriations. Title IV: Housing Assistance - Requires a State or urban area to submit a comprehensive homeless assistance plan for approval to the Interagency Council on the Homeless in order to receive housing assistance under this Act. Sets forth required contents of such plan, including a description of the local homeless population and the existing services available to them. Requires the Council to review and approve a plan within 30 days unless such plan fails to meet the requirements of this Act. Requires: (1) annual performance monitoring reports to the Council; and (2) the Council to carry out performance evaluations beginning with FY 1990. Authorizes additional FY 1987 and 1988 appropriations for: (1) the transitional housing program; and (2) the emergency shelter grant program. Increases the minimum allocation amounts for the emergency shelter grants program. Exempts such additional emergency shelter assistance from a specified planning requirement. Increases available budget authority for five-year contract section 8 existing housing certificates for the homeless, especially the elderly and homeless families with children. Permits such certificates to be attached to a housing unit owned by a nonprofit organization which has agreed to provide shelter and services to the homeless. Increases available budget authority for ten-year contract section 8 single room occupancy dwellings for the homeless. Requires the installation of sprinkler systems, smoke detectors, and other fire and safety improvements. Limits rehabilitation costs to $14,000 per unit, unless local conditions such as contruction or acquisition costs or fire or building codes require increases. Title V: Health Services and Mental Health Services for the Homeless - Health Services and Mental Health Services for the Homeless Act - Part A: Health Services - Amends title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to require the Secretary of Health and Human Services (Secretary) to make grants to public and nonprofit private entities for: (1) health services for homeless individuals; and (2) mental health services for homeless individuals who do not have a chronic mental illness. Specifies services such entities are required to provide and other requirements in order to be eligible for grants. Requires the Secretary to give preference to entities which have experience in providing comprehensive primary health care services to homeless individuals and medically underserved populations. Provides that such required services shall be provided to any homeless individual without regard to ability to pay. Specifies requirements for any fees charged by grant recipients. Requires the Secretary to report annually to the appropriate congressional committees. Authorizes FY 1987 and 1988 appropriations. Part B: Mental Health Services - Amends title XIX (Block Grants) of the Public Health Service Act to authorize FY 1987 and 1988 appropriations. Prohibits the Secretary from using more than one percent of the amount appropriated for administration. Provides a formula for allotment of funds to States, the District of Columbia, and certain U.S. territories and possessions. Specifies how such allotments shall be used for emergency projects for homeless individuals who have chronic mental illnesses. Includes in such uses: (1) services to individuals who are homeless or who have chronic mental illness and are at risk of becoming homeless; and (2) certain training of individuals to enable them to provide services to homeless individuals. Prohibits certain uses of such allotments, including inpatient services, cash payments to recipients, and, subject to waiver by the Secretary, capital expenditures. Prohibits more than five percent of the amount paid to a State from being used for administrative costs. Sets forth application provisions. Makes applicable to allotments under the Act provisions of existing law relating to adjustments of allotments under certain circumstances, reports and audits, withholding of funds for cause, discrimination, and criminal penalties for false statements. Title VI: Assuring the Education of Homeless Children - Amends the General Education Provisions Act to require each State educational agency to adopt and implement a plan to ensure each homeless child of full and equal opportunities. Prohibits the application of State or local residency requirements so as to bar any homeless child from attending school. Sets forth requirements regarding selection of the school in which such child will be enrolled, transportation to the school selected, maintenance of the child's records, and participation in educational programs and services. Requires the Secretary to make grants to State and local educational agencies for exemplary programs for homeless students. Sets forth eligibility and application requirements. Requires the Secretary to disseminate information on such exemplary programs to other State and local educational agencies. Authorizes FY 1987 and 1988 appropriations. Title VII: Job Training for the Homeless Demonstration Project - Requires the Secretary of Labor to make grants for the Federal share of job training demonstration projects for homeless individuals. Authorizes the Secretary of Labor to enter into contracts to carry out this title. Restricts eligibility for such grants to applicants located in a State which has submitted a comprehensive plan as provided for in this Act. Specifies elements required to be included in grant applications. Sets forth the purposes for which such grants may be used. Sets the Federal share of the cost of demonstration projects at 50 percent for each fiscal year. Allows the non-Federal share to be in cash or in kind. Limits the amount of grants to any State in each fiscal year to 15 percent of the total amount appropriated for this title. Requires the Secretary to annually evaluate each demonstration project and submit a report to the Interagency Council on the Homeless. Requires the Secretary to submit a final report to the President, the Congress, and the Interagency Council. Requires the Interagency Council to: (1) prepare and publish a report evaluating each project receiving assistance under this title; (2) make a determination of the relative effectiveness of such projects; and (3) make recommendations, including recommendations for legislation, to the Congress on job training programs for homeless individuals to be established on a national basis. Authorizes FY 1988 appropriations. Terminates such program on October 1, 1990. Title VIII: Nutrition - Nutrition for Homeless Individuals Act of 1987 - Part A: Food Stamp Program - Amends the Food Stamp Act of 1977 to define "homeless individual" for purposes of such Act as defined in the Urgent Relief for the Homeless Act. Authorizes food stamp outreach for the homeless. Requires States to provide food stamps within five days of application to: (1) the homeless; and (2) persons whose combined gross income and liquid resources are less than their monthly rent and utilities. Part B: Temporary Emergency Food Assistance Program (TEFAP) - Amends the Temporary Emergency Food Assistance Act of 1983 to provide for an increased variety of commodities for distribution under the temporary emergency food assistance program (TEFAP). Increases FY 1987 TEFAP authorizations. Authorizes FY 1988 program appropriations. States that any FY 1987 or 1988 appropriations in excess of such authorizations shall be used for the homeless. Part C: Effective Date - Makes the provisions of this Act, with stated exceptions, effective not later than 160 days after enactment.

Bill· SS. 789 (100th)open

National Narcotics Leadership Act of 1987

United States · United States Congress · 19 March 1987

National Narcotics Leadership Act of 1987 - Establishes a Cabinet-level Office of the Director of National Drug Control Policy to coordinate Federal operations and policy on drug control and abuse. Requires the Director of the Office to prepare and submit annual reports on a National and International Drug Control Strategy. Terminates the National Drug Enforcement Policy Board. Repeals specified provisions of the Comprehensive Crime Control Act of 1984, and the Drug Abuse Prevention, Treatment, and Rehabilitation Act respecting such Board. Authorizes appropriations. Establishes the Special Forfeiture Fund. Deposits in such fund all unobligated amounts remaining each year from the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund. Provides that amounts from the Special Forfeiture Fund shall be used for: (1) drug law enforcement activities; and (2) drug abuse education, prevention, treatment, and research. Requires the President to submit, as part of the budget, a request for the use of amounts in the fund. States that funds disbursed under this Act shall supplement, not supplant, funds which would be otherwise available. Authorizes appropriations for FY 1988 through 1992 for the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund.

Bill· SS. 780 (100th)referred

A bill to amend the enforcement provisions of the Federal Election Campaign Act of 1971.

United States · United States Congress · 19 March 1987

Amends the Federal Election Campaign Act of 1971 to revise the enforcement provisions. Changes from mandatory to discretionary the requirement for the Federal Election Commission to attempt informally to prevent or correct a violation of this Act. Reduces the period for making such attempt from 90 to 45 days. Makes optional the requirement to make such an attempt for a period of at most 15 days, if the violation occurs during the 45 days prior to an election. Requires the conciliation agreement settling a violation to carry a civil penalty of a specified amount. Requires the Commission to refer a knowing and willful violation to the Attorney General and mandates the civil penalty for such violation. Expedites from 120 days to 60 days the time which an aggrieved party must wait before seeking judicial redress because the Commission dismissed, or failed to reasonably pursue, a complaint filed by such party. Allows the aggrieved party to file an action in any U.S. district court having jurisdiction. Revises the procedure for filing an action in the name of the complainant. Provides that any monetary award under such action be paid to the United States. Provides for a mandatory award of attorney fees and costs to the prevailing party.

Bill· SJRESS.J.Res. 99 (100th)referred

WIC Food for Life Resolution

United States · United States Congress · 19 March 1987

WIC Food for Life Resolution - Expresses the sense of the Congress that: (1) the Special Supplemental Food Program for Women, Infants, and Children (WIC) should receive increasing appropriations until all eligible persons are being served; and (2) an outreach program should be conducted to identify persons eligible for WIC assistance.

Bill· SS. 778 (100th)referred

Star Schools Program Assistance Act

United States · United States Congress · 18 March 1987

Star Schools Program Assistance Act - Amends the Education for Economic Security Act to add a title establishing a star schools program. Cites the new title as the Star Schools Program Act. Empowers the Secretary of Education to make demonstration grants of up to a fiscal year maximum of $20,000,000 per grant to eligible telecommunications partnerships for the development, construction, and acquisition of telecommunications facilities and equipment and for technical assistance. Authorizes appropriations for FY 1988 through 1992, subject to fiscal year limitations. Sets forth eligibility criteria to identify eligible telecommunications partnerships, which must be organized on a statewide or multistate regional basis and be either: (1) a public agency or corporation established to provide education-related telecommunications networks to certain educational or health institutions or to industries; or (2) a partnership that will provide a telecommunications network and whose membership includes specified educational entities or public or private nonprofit organizations experienced with telecommunications. Authorizes eligible partnerships to submit a grant application: (1) describing the telecommunications facilities, equipment, and technical assistance for which assistance is being sought; (2) providing assurances that the services offered will increase the availability of courses of instruction in mathematics, science, and foreign languages; and (3) containing other assurances and information as required by the Secretary. Directs the Secretary, in approving applications, to give priority to certain applicants, including those partnerships that: (1) have the capacity to serve the broadest range of targeted institutions; (2) have substantial academic and teaching capabilities; (3) will serve a multistate area; and (4) demonstrate strength in mathematics, science, and foreign language resources which by distribution through the partnership will offer new educational opportunities. Requires each grantee to report to the Secretary concerning courses and materials to be transmitted by satellite to educational institutions and teacher training centers and to specify the locus and time of such transmissions. Directs the Secretary to: (1) compile and prepare for dissemination a listing and description of the courses and materials submitted by each grantee; and (2) distribute such list to all State educational agencies. Requires the Office of Technology Assessment (OTA) to conduct a thorough investigation of the use of the telecommunications systems supported by the grants awarded under this Act and to submit quarterly reports to the Congress. Directs the OTA to: (1) carry out, by September 30, 1991, a study and evaluation of the cost of designing, building, and launching a satellite for educational purposes, including an analysis of potential users' ability to repay such costs; and (2) study the demand for the use of such a satellite to find out whether potential users would be able to repay such costs within ten years. States that, if potential users can repay costs within ten years, the Congress should appropriate the funds necessary to launch a satellite for use in a space-based satellite education system.

Resolution· SCONRESS.Con.Res. 35 (100th)open

A concurrent resolution expressing the sense of the Congress regarding the imposition of charges for outpatient care provided in medical facilities of the uniformed services to retired members of the Armed Forces, dependents of retired members, and dependents of members serving on active duty.

United States · United States Congress · 18 March 1987

Expresses the sense of the Congress that the Secretary of Defense should not impose any charge for outpatient medical care provided in medical facilities of the uniformed services to retired members, their dependents, or to the dependents of members serving on active duty.

Bill· SS. 752 (100th)referred

National Space Grant College and Fellowship Act

United States · United States Congress · 17 March 1987

National Space Grant College and Fellowship Act - Establishes within the National Aeronautics and Space Administration (NASA) a national space grant college and fellowship program to provide financial and other assistance for the exploration and development of space resources. Requires such program to advise the Administrator of NASA and coordinate Federal efforts. Authorizes the Administrator to make grants or enter into contracts to assist any space grant and fellowship program for up to 66 percent of total cost except for special grants. Directs the Administrator to make grants or enter into contracts for up to 100 percent of costs for identified specific national needs and problems relating to space. Authorizes the Administrator to designate any institution of higher education as a space grant college if it maintains a balanced program in fields related to space and meets other qualifications. Authorizes the Administrator to designate an association or alliance as a space grant regional consortium if it is established to share research and facilities in any field related to space and meets other qualifications. Directs the Administrator to support a space grant fellowship program for educational and training assistance to graduate students in fields related to space. Directs the Administrator to establish the space grant review panel as an independent committee to advise the Administrator on implementing the program. Requires interagency cooperation among all Federal agencies with authority over matters relating to space, authorizing the sharing of personnel and facilities and requiring the sharing of information. Directs the Administrator to report biennially to the Congress and the President on the activities of the program, subject to the review of the Directors of the Office of Management and Budget and of the Office of Science and Technology Policy. Authorizes appropriations for FY 1988 through 1991.

Bill· SS. 751 (100th)referred

Energy Preservation Act

United States · United States Congress · 17 March 1987

Energy Preservation Act - Amends the Natural Gas Policy Act of 1978 to provide that wellhead price controls shall not apply to natural gas subject to any contract for the first sale of natural gas that: (1) was executed after the date of enactment of this Act; (2) was renegotiated after the date of enactment of this Act and expressly provided for the inapplicability of wellhead price controls; (3) will terminate under its own terms after the date of enactment of this Act; or (4) expired under its own terms. Repeals certain provisions pertaining to standby price control authority. Directs the Federal Energy Regulatory Commission to allocate the price charged for the resale of imported natural gas at the border to the demand charge component on the same basis that it would allocate costs to the demand charge for a natural gas company subject to Commission jurisdiction. Directs the Secretary of Energy to initiate a review and update by the Governing Board of the International Energy Agency of the Minimum Safeguard Price Decision adopted January 30, 1976, and to report to the Congress regarding such actions. Sets forth defenses to any State or Federal antitrust law regarding actions taken to develop cooperative associations of independent producers, or actions taken by such associations to market crude oil or natural gas.

Bill· SS. 747 (100th)open

A bill to establish a motor carrier administration in the Department of Transportation, and for other purposes.

United States · United States Congress · 13 March 1987

Establishes the Motor Carrier Administration in the Department of Transportation, to be headed by an Administrator appointed by the President who shall report directly to the Secretary of Transportation. Creates the position of Deputy Administrator, to be appointed by the Secretary. Confers upon the Administrator duties and powers related to motor carriers and motor carrier safety under specified law. States that a decision of the Administrator implementing duties involving notice and hearing requirements is administratively final. Directs the Secretary to report to the Congress regarding a review of those Interstate Commerce Commission activities affecting motor carrier transportation which could be more efficiently performed by the Motor Carrier Administration.

Bill· SS. 734 (100th)open

A bill to extend trade adjustment assistance to workers and firms in the oil and gas industry whose services or products are not directly competitive with imports.

United States · United States Congress · 12 March 1987

Amends the Trade Act of 1974 to grant eligibility for trade adjustment assistance to firms (and workers in firms) which: (1) explore for, produce, or process oil or natural gas; or (2) provide essential parts or services to other firms that engage in such activities.

Resolution· SRESS.Res. 167 (100th)open

ABM Treaty Interpretation Resolution

United States · United States Congress · 12 March 1987

ABM Treaty Interpretation Resolution - Declares the policy of the Senate with respect to the Constitution and as it applies in interpreting the ABM Treaty between the United States and the Soviet Union. States that the development, testing, or deployment of specified ABM systems is inconsistent with the Treaty and therefore requires an amendment to be agreed to by both countries.

Bill· SS. 719 (100th)referred

A bill to amend the Internal Revenue Code of 1986 to provide that certain minimum tax and accounting rules (added by the Tax Reform Act of 1986) applicable to installment obligations shall not apply to obligations arising from sales of property by nondealers.

United States · United States Congress · 11 March 1987

Amends the Internal Revenue Code to provide that specified minimum tax and accounting rules applicable to installment obligations shall not apply to obligations arising from sales of property by nondealers. Allows taxpayers to elect to have the amendments made by this Act regarding minimum tax not apply to dispositions made before January 1, 1987.

Resolution· SCONRESS.Con.Res. 29 (100th)open

A concurrent resolution expressing the sense of Congress regarding the inability of American citizens to maintain regular contact with relatives in the Soviet Union.

United States · United States Congress · 11 March 1987

Expresses the sense of the Congress that: (1) the promotion of unrestricted family visits between related people of the United States and the Soviet Union is an essential part of American policy toward the Soviet Union; and (2) the President, the Secretary of State, and other administration members should raise the issue of family visitation at all appropriate opportunities in discussions with leaders of the Communist Party and the Government of the Soviet Union.

Bill· SS. 702 (100th)reported

Hate Crime Statistics Act

United States · United States Congress · 10 March 1987

Hate Crime Statistics Act - Directs the Attorney General to include within the Uniform Crime Reports the incidence of offenses against persons and property committed to express racial, ethnic, or religious prejudices (homicide, assault, robbery, burglary, theft, arson, vandalism, and trespass).

Bill· SS. 694 (100th)open

Energy Security Act of 1987

United States · United States Congress · 10 March 1987

Energy Security Act of 1987 - Directs the President to establish a national oil import ceiling level beyond which foreign crude and oil product imports as a share of U.S. oil consumption shall not rise. Prohibits such ceiling level from exceeding 50 percent of U.S. crude and oil product consumption for any annual period. Requires the President to: (1) annually submit projections to the Congress regarding anticipated U.S. oil production, demand, and imports for the subsequent three years; (2) certify whether imports of crude oil and oil products will exceed domestic production; and (3) submit an Energy Production and Oil Security Policy to the Congress to prevent foreign oil dependence from exceeding the national oil import ceiling for any year in which foreign oil imports are projected to exceed such amount. Grants the Congress ten continuous session days to review such oil projections and to determine whether the ceiling level will be violated within three years. Authorizes the President's energy plan to include: (1) an oil import fee; (2) energy conservation actions; (3) expansion of the Strategic Petroleum Reserves; and (4) production incentives for domestic oil and gas.

Bill· SS. 696 (100th)referred

A bill to provide that full-time magistrates and bankruptcy judges receive a salary equal to 92 percent of the salary paid to judges of the district courts of the United States.

United States · United States Congress · 10 March 1987

Amends the Federal judicial code to provide that bankruptcy judges shall receive a salary equivalent to 92 percent of the salary of U.S. district court judges. Provides that full-time U.S. magistrates shall receive a salary of up to 92 percent of the salary of U.S. district court judges.

Bill· SS. 691 (100th)open

A bill to limit the testing of anti-satellite weapons.

United States · United States Congress · 10 March 1987

Prohibits the obligation or expenditure of Department of Defense funds to carry out a test of the Space Defense System (anti-satellite weapon) against an object in space until the President certifies to the Congress that the Soviet Union has conducted such a test after the date of enactment of this Act. Provides that such prohibition shall be effective from the date of enactment of this Act until October 1, 1988.

Resolution· SRESS.Res. 164 (100th)passed

A resolution calling on the President to respond to the violations by Japan of the U. S.-Japan agreement on semiconducters.

United States · United States Congress · 10 March 1987

Expresses the sense of the Senate that: (1) the President should take appropriate actions under the Trade Act of 1974 to remedy and prevent further violation of the U.S.-Japan agreement on semiconductors by Japan, to induce compliance, to compensate the United States for the harm suffered because of non-compliance by Japan, and to prevent further injury to the United States; (2) such actions should serve to increase international semiconductor trade and help enforce commitments and achieve the objectives of the agreement; (3) such actions should penalize those who have acted inconsistently with the agreement; and (4) such actions may be directed at products which contain semiconductors.

Bill· SS. 690 (100th)referred

A bill to establish a Commission on United States Trade in the 1990's.

United States · United States Congress · 6 March 1987

Establishes the Commission on United States Trade in the 1990's. Specifies that such Commission shall be composed of 18 members, six of whom shall be appointed by the President, six by the President pro tempore of the Senate, and six by the Speaker of the House of Representatives. Sets forth administrative provisions. Requires the Commission to study and make recommendations concerning U.S. international trade and export policies and practices. Requires the Commission, in conducting its study, to review and make recommendations concerning specified items, including: (1) likely impediments to exporting by U.S. industries in the 1990's; (2) the likely propensity of the United States to import goods and services in the 1990's; (3) the competitiveness of firms manufacturing products in the United States in the 1990's; (4) the likely relationships between trade and international monetary policy in the 1990's; (5) the likely state of vitality in the U.S. economy during the 1990's; (6) the role for international trade activities by State and local governments in the 1990's; and (7) the organizational structures under which other industrial nations carry out international trade activities. Requires the Commission to submit its report to the President and to the Congress by January 1, 1988. Terminates the Commission on such date. Authorizes appropriations.

Bill· SS. 628 (100th)open

A bill to amend the Internal Revenue Code of 1986 to restore the deduction for interest on educational loans.

United States · United States Congress · 3 March 1987

Amends the Internal Revenue Code to allow an income tax deduction for interest paid or incurred on a qualified educational loan. Defines "qualified educational loan" as any indebtedness incurred to pay the educational expenses of the taxpayer or the taxpayer's spouse or dependent. (Present law requires that such a loan be secured by an interest in real property.)

Bill· SS. 629 (100th)open

English Proficiency Act

United States · United States Congress · 3 March 1987

English Proficiency Act - Directs the Secretary of Education to establish within the Office of Adult Education a program of grants for English literacy programs for individuals of limited English proficiency. Allows such grants to provide for the training of personnel to provide English language instruction and for support services including child care and transportation costs for program participants. Provides that such grants may be made to community-based organizations, local education agencies, tribally-controlled schools, institutions of higher education (including community colleges), public libraries, and prisons. Sets forth grant application requirements. Limits grants to not more than three years' duration. Requires that at least 50 percent of grant funds go to community-based organizations with the demonstrated capability to administer English proficiency programs. Requires grant recipients to report annually to the Secretary. Directs the Secretary, through the Office of Adult Education, directly and through grants and contracts, to carry out demonstration programs to: (1) develop innovative approaches and methods of literacy education for individuals of limited English proficiency; and (2) establish a nationwide clearinghouse on literacy education for individuals of limited English proficiency. Requires the Secretary, directly and through grants and contracts, to evaluate and annually audit programs funded under this Act. Authorizes the Secretary to accept grants, gifts, or bequests of money for the purposes of this Act. Authorizes appropriations for FY 1988 through 1990. Limits to five percent the portion of funds available under this Act which may be used for demonstration programs.

Resolution· SCONRESS.Con.Res. 26 (100th)referred

A concurrent resolution to express the sense of the Congress that a cooperative effort to improve the foreign language and international awareness of the American people will help the United States compete economically.

United States · United States Congress · 3 March 1987

Calls upon all levels of Government and the business and educational communities to cooperate in a concerted effort to improve the foreign language skills and international awareness of the American people in order to increase American international economic competitiveness.

Bill· SS. 604 (100th)open

Omnibus Taxpayers' Bill of Rights Act

United States · United States Congress · 26 February 1987

Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury 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 an Office of Inspector General. 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 interviewer 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 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 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.

Bill· SS. 607 (100th)referred

A bill to amend the National Housing Act to limit the fees that may be charged by the Government National Mortgage Association for the guaranty of mortgage-backed securities.

United States · United States Congress · 26 February 1987

Amends the National Housing Act to limit the Government National Mortgage Association mortgage guarantee fee to six basis points. Sets administrative fees at September 1, 1985, levels, except that they may be increased to cover increased administrative costs.

Resolution· SCONRESS.Con.Res. 24 (100th)referred

A concurrent resolution supporting the initiative Central American heads of state, meeting in San Jose, Costa Rica, in formulating a regional proposal for bringing about an end to the armed conflict in Central America, and for other purposes.

United States · United States Congress · 26 February 1987

Declares that the Congress applauds the recent initiative by the heads of state of Costa Rica, El Salvador, Guatemala, and Honduras, and congratulates them on the significant contribution made by such initiative toward ending armed conflict, and reinforcing democracy, in Central America. Declares that the Congress supports such initiative and looks forward to the summit meeting in Guatemala as the next phase in this effort of the Central American heads of state to forge a lasting peace in Central America.

Bill· SS. 538 (100th)open

Economic Dislocation and Worker Adjustment Assistance Act

United States · United States Congress · 19 February 1987

Economic Dislocation and Worker Adjustment Assistance Act - Title I: Dislocated Workers' Adjustment Services - Establishes a Dislocated Worker Unit in the Department of Labor to: (1) distribute funds to States under this title; (2) provide funds to exemplary, demonstration, and model programs on plant closings and worker dislocation; (3) allocate discretionary funds; (4) monitor performance and expenditures, and annually certify compliance with standards; (5) conduct research and serve as a national clearinghouse for gathering and disseminating information on plant closings and worker dislocation; and (6) provide technical assistance and staff training services to States, communities, businesses, and unions. Sets forth administrative provisions. Requires State Governors, in order to receive an allocation of funds under this title, to submit to the Secretary of Labor a biennial State plan describing the programs and activities that will be assisted with such funds. Sets forth requirements for State plans. Requires the designation or creation of an identifiable State dislocated worker unit or office with the capability to respond rapidly, on site, to mass layoffs and plant closings. Requires the establishment of a tripartite advisory committee composed equally of representatives of labor, management, and public agencies to advise the Governor and the State unit on the administration of programs under this title. Sets forth provisions for review and approval of plans, and for complaints, investigations, and penalties. Allows funds allocated to States 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) continue for FY 1988 and 1989 to conduct any program or activity or provide any service that was provided with funds made available under title III of the Job Training Partnership Act (JTPA), and to continue such program, activity, or service thereafter if it satisfies a standard set forth in clauses (1) through (5). Sets forth formulas for allocation of funds by the Secretary. Requires the Secretary to promulgate standards for the conduct and evaluation of programs under this title, including encouragement to establish worker adjustment committees. Directs the Secretary, in the event that any State fails to qualify for an allocation, to use the amount of the allocation to provide in that State, directly or through contract, the programs and services authorized by this title. Authorizes up to 25 percent of the funds allocated to a State for any fiscal year to remain available for obligation and expenditure during the succeeding fiscal year. Provides for reimbursement of certain State funds from an allocation for a succeeding fiscal year. Directs the Secretary to ensure that each State unit has access to information collected and maintained under specified provisions of the JTPA to identify job skills that would improve the employment opportunities of eligible displaced workers. Provides that specified Federal and fiscal administrative provisions of the JTPA shall apply to funds, programs, and activities under this title. Limits to 15 percent that portion of this amount available for this title in any fiscal year which may be used for administrative expenses. Directs the Governor to appoint the tripartite advisory committee after consultation with labor organizations, business and other organizations affected by worker dislocation, and with local governments. Sets forth committee functions. Authorizes appropriations for FY 1988 and succeeding fiscal years to carry out this title. Terminates funding for title III (Employment and Training Assistance for Dislocated Workers) of the JTPA. Directs the Secretary to: (1) provide for an annual evaluation of the program authorized by this title; and (2) prepare and submit to the Congress as part of the annual report of the Department of Labor a report on the activities of the Dislocated Worker Unit. Title II: Advance Notification and Consultation - Prohibits an employer from ordering a plant closing or mass layoff until the end of a specified period after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees, or if there is no representative, to each affected employee; and (2) the State dislocated worker unit and the affected local government. Prohibits an employer from ordering a plant closing or mass layoff unless the employer has consulted with representatives of the affected employees and the local government about alternatives or modifications to such an order. Includes under the employer's duty to consult a duty to provide relevant information. Provides for protective orders to prevent disclosure of competitive information. Makes an employer who orders a plant closing or mass layoff in violation of this title liable to employees for back pay and benefits and subject to civil penalties. Creates a cause of action in the appropriate U.S. district court to enforce such liability. Authorizes the court in such cases to require the defendant to pay reasonable attorney fees, along with the costs of the action. Makes employees or representatives of affected employees who violate protective orders relating to competitive information liable to the employer for consequent financial loss. Creates a cause of action in any U.S. court of competent jurisdiction for an employer to recover such liability. Authorizes the court in such cases to require the defendant to pay reasonable attorney fees, along with the costs of the action. States that the rights and remedies provided to employees by this title are in addition to any other contractual, statutory, or other legal rights and remedies of the employees. Declares that it is the sense of the Congress that any employer not subject to the notice requirements should, to the extent possible, notify its employees about a proposal to close a plant or permanently reduce its workforce. Title III: Dislocated Workers' Demonstration, Exemplary, and Discretionary Programs - Directs the Secretary, from certain reserved amounts, to carry out demonstration, exemplary, and discretionary programs under this title. Reserves certain portions of such funds for specified programs under this title and for the Secretary's discretionary and exemplary programs. Part A: Dislocated Workers Training Loan Demonstration Program - Directs the Secretary to: (1) allocate funds for this part among communities having the largest number of dislocated workers; (2) give priority to communities with the highest concentrations of dislocated workers; and (3) conduct or enter into agreements to conduct demonstration programs in at least five, but not more than ten, such communities. Authorizes the Secretary to enter into agreements with State dislocated worker units or State or local public agencies or nonprofit private organizations to provide for the establishment and maintenance of dislocated workers loan funds. Limits to $5,000 the aggregate amount of all direct loans made from such funds to each dislocated worker. Authorizes use of such loans for: (1) vocational and on-the-job training; (2) basic education and literacy instruction; (3) relocation expenses; and (4) child care services. Sets forth repayment provisions. Provides for evaluation of the direct loan approach. Directs the Secretary to report to the Congress on such evaluations by October 1, 1989. Part B: Self-Employment Opportunity Demonstration Program - Directs the Secretary to enter into agreements for self-employment demonstration programs with at least five, but not more than ten, States. Provides that eligible individuals shall be entitled to receive adjustment assistance in the form of self-employment allowances. Provides that such individuals shall not be eligible to receive, in addition to such assistance, extended or additional unemployment compensation or regular unemployment compensation if payment is made by the State in lieu of regular unemployment compensation. Provides that funds to begin a self-employment demonstration program may be spent only for: (1) business development assistance and entrepreneurial training; (2) seed capital for new small business enterprises; (3) financial or technical assistance for small business incubators; (4) program administration; and (5) other support services. Makes an individual eligible for such program if such individual: (1) is eligible to receive regular unemployment compensation under State law; (2) submits an application for such adjustment assistance to the State agency; and (3) meets applicable State requirements. Limits the number of those who may be considered eligible individuals for purposes of this part to five percent of those eligible to receive regular compensation in a State. Limits the aggregate amount of adjustment assistance in the form of a self-employment allowance to any individual to the maximum amount of regular compensation plus any extended or additional compensation payable to such individual. Makes State and Federal requirements relating to availability for work, active search for work, or refusal to accept suitable work inapplicable to an individual receiving a self-employment allowance as long as the individual is self-employed. Provides for payment to each State of an amount equal to the percentage of the extended or additional compensation for which the State would have been entitled to reimbursement if such additional compensation had been paid. Permits a State to make payments on account of adjustment assistance provided under this part from the State unemployment fund. Sets forth provisions relating to: (1) grants for administrative expenses; and (2) fraud and overpayments. Directs the Secretary to: (1) provide for evaluation of the self-employment allowance system; and (2) report to the Congress on such evaluations by October 1, 1989. Part C: Public Works Employment Demonstration Program - Directs the Secretary to carry out public works employment demonstration programs, allocating funds under this part 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 past six months exceeded the national average by at least two percent. Directs the Secretary to conduct or enter into agreements to conduct demonstration programs in no fewer than five nor more than ten cities and counties. Makes an individual eligible to participate in a demonstration project assisted under this part 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 at least two years; or (3) is a recipient under the Aid to Families with Dependent Children program for at least two years. Sets forth testing and education requirements for participants. Directs private industry councils to select job projects to be assisted under this part. Provides for objections to projects. Limits each participant to 32 hours per week on such project. Sets wages and benefits for such projects. Requires private industry councils to establish for the area in which the demonstration is conducted job clubs to assist participants with the preparation of resumes, the development of interviewing techniques, and evaluation of individual job search activities. Requires selection of projects which develop marketable skills and assist participants in finding private sector jobs. Sets forth labor standards applicable to job projects. Directs the Secretary to: (1) provide for evaluation of the employment demonstration program; and (2) report to the Congress on such evaluations by October 1, 1989. Part D: Secretary's Discretionary Fund - Authorizes the Secretary to support exemplary programs and projects designed to increase the employability of eligible dislocated workers. Directs the Secretary to disseminate information on the effectiveness of programs assisted under this part.

Law· SS. 557 (100th)enacted

Civil Rights Restoration Act of 1987

United States · United States Congress · 19 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.

Bill· SS. 552 (100th)open

Federal Employee Compensation Equity Study Commission Act of 1987

United States · United States Congress · 19 February 1987

Federal Employee Compensation Equity Act of 1987 - Establishes the Commission on Compensation Equity to provide for a consultant to study the classification, grading, and pay-setting processes within and between the position classification system and the job-grading system. Requires the study to determine whether these processes result in the payment of rates of basic pay for positions: (1) in which either sex is numerically predominant or any race or ethnic group is disproportionately represented; and (2) where such differences in pay are not in proportion to the duties, difficulty, responsibility, or qualification requirements of the work performed. Provides a timetable for: (1) the Commission to report to appropriate congressional committees and the Director of the Office of Personnel Management with advisory recommendations; (2) the Director to report to the committees and the Commission with a plan to carry out any of the recommendations; and (3) additional comments from the Commission and its termination.

Bill· SS. 558 (100th)open

Fair Housing Amendments Act of 1987

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 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.

Bill· SS. 541 (100th)open

A bill to amend title 39, United States Code, to extend to certain officers and employees of the United States Postal Service the same procedural and appeal rights with respect to certain adverse personnel actions as are afforded under title 5, United States Code, to Federal employees in the competitive services.

United States · United States Congress · 19 February 1987

Extends adverse action provisions of Federal law regarding Federal employees (concerning removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less) to Postal Service employees who: (1) are preference eligibles; (2) are supervisors or employees engaged in confidential personnel work; and (3) have completed one year of continuous service in the same or similar positions. Authorizes the Director of the Office of Personnel Management to obtain judicial review in the United States Court of Appeals for the Federal Circuit if: (1) the Director determines that the Board of Governors of the Postal Service erred in interpreting a civil service law, rule, or regulation affecting personnel management, and that the Board's decision will have a substantial impact on a civil service law, rule, regulation, or policy directive; or (2) the Postal Service makes such determination regarding postal personnel management.

Bill· SS. 570 (100th)referred

Stratosphere Protection Act of 1987

United States · United States Congress · 19 February 1987

Stratosphere Protection Act of 1987 - Directs the Administrator of the Environmental Protection Agency to list manufactured substances known or reasonably anticipated to cause atmospheric modification, including stratospheric ozone depletion, and to assign an ozone depletion potential to each substance (the priority list). Requires the Administrator to list simultaneously and update annually other manufactured substances meeting the same criteria, assigning ozone depletion potentials for each. Includes specified chlorofluorocarbons on each list. Requires producers of substances on either list to report initially and annually to the Administrator on such production until it ceases. Limits production of substances on the priority list to 1986 levels after 1987. Prohibits the production, after 1994, of any substances in quantities sufficient for the ozone depletion potential to exceed five percent of the United States' portion of depletion for 1986. Sets forth a compliance schedule. Permits modifications, exceptions, and offsets as specified. Establishes phased-in penalties for violations, assessed on the degree of competitive advantage gained by using the ozone depleting substance. Prohibits imports of such substances or products manufactured using such substances unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to notify each nation of this restriction and to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Requires containers of listed substances to carry labeling stating the contents and potential damaging effects. Authorizes the Administrator to assess civil penalties or seek injunctive relief for violations and to revoke any permit for continued noncompliance. Establishes criminal penalties for knowing violations. Permits judicial review of final regulations and permits the taking of additional evidence as specified. Authorizes citizen suits against violators or the Administrator, subject to specified conditions. Requires that the Administrator be notified of such suits. Permits the Administrator to intervene as a matter of right. Permits others to intervene as a matter of right against alleged violators. Permits the awarding of costs and fees to the substantially prevailing party.

Bill· SS. 563 (100th)referred

A bill to amend the Internal Revenue Code of 1986 to exclude from the gross income of landowners certain payments or economic benefits received from the abandoned mine reclamation fund for uses set forth in section 401 of the Surface Mining Control and Reclamation Act of 1977, and for other purposes.

United States · United States Congress · 19 February 1987

Amends the Internal Revenue Code to provide an income tax exclusion for payments, or economic benefits resulting from payments, made under the Abandoned Mine Reclamation Fund of the Surface Mining Control and Reclamation Act of 1977. Specifies that such exclusion shall not apply to: (1) payments made as compensation for services performed; (2) payments made for the use of acquisition of any interests in real or personal property; (3) income from the sale of minerals, soil, or any other materials in or on the affected land or water; or (4) income from the sale or exchange of any interests in affected land or water.

Bill· SS. 533 (100th)open

A bill to establish the Veterans' Administration as an executive department; to establish the National Commission on Executive Organization and Management, and for other purposes.

United States · United States Congress · 17 February 1987

Establishes the Veterans Administration as an executive department redesignated as the Department of Veterans' Affairs. Makes technical and conforming changes, including the redesignation of the Administrator as the Secretary of Veterans' Affairs.

Bill· SS. 508 (100th)open

Whistleblower Protection Act of 1988

United States · United States Congress · 5 February 1987

Whistleblower Protection Act of 1987 - Separates the Office of Special Counsel from the Merit Systems Protection Board. Empowers the Special Counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. Revises current law with respect to the Special Counsel to reflect its advocate status. Authorizes the Special Counsel to file a petition to the Board against an official for: (1) engaging in prohibited personnel practices; (2) violating a law within the jurisdiction of the Special Counsel; or (3) failing to comply with an order of the Board. Sets forth disciplinary actions for such officials. Requires the Special Counsel to report annually to the Congress on its activities. Authorizes employees who have been adversely affected by a prohibited personnel practice to bring an action before the Board (instead of or in addition to taking such action to the Special Counsel). Authorizes such employees to obtain judicial review of the Board's decision in the appropriate court of appeals. Prohibits reprisals against an employee for disclosing information to the Inspector General of an agency or to the Special Counsel, or for failing to follow orders to disobey a law. Subjects the Tennessee Valley Authority to prohibited personnel practices provisions. Authorizes appropriations for the Merit Systems Protection Board for FY 1988 through 1992 and for the Office of Special Counsel for FY 1988 through 1990.

Bill· SS. 490 (100th)open

Omnibus Trade Act of 1987

United States · United States Congress · 5 February 1987

Omnibus Trade Act of 1987 - Title I: Authority to Negotiate Trade Agreement - Grants the President, during a specified ten-year period, the authority to enter into multilateral trade agreements to reduce or eliminate trade barriers or distortions whenever the President determines that such barriers to, or distortions of, international trade: (1) unduly burden or restrict U.S. foreign trade or adversely affect the U.S. economy; or (2) are likely to result in such a burden, restriction, or effect. Limits the amount of reduction in duty that such agreements may involve. Authorizes the President, during a specified ten-year period, to enter into bilateral trade agreements with foreign countries providing for the reduction or elimination of trade barriers or distortions. Provides that such a bilateral trade agreement may be entered into only if: (1) the foreign country requested the negotiation of such an agreement; and (2) the President provides 60 days' notice to specified congressional committees and consults with such committees. Requires the President, before entering into negotiation of such a multilateral or bilateral trade agreement, to determine: (1) whether state trading enterprises account for a significant share of the exports of such foreign country or of the goods of such country that are subject to import competition; and (2) whether such state trading enterprises unduly burden or restrict, or adversely affect U.S. foreign trade or the U.S. economy or are likely to result in such a burden, restriction, or effect. Authorizes the President, if a country's state trading enterprises meet such criteria, to enter into a multilateral or bilateral trade agreement with such country only if such agreement provides that the state trading enterprises: (1) will make non-governmental purchases and sales in international trade in accordance with commercial considerations; and (2) will give U.S. businesses adequate opportunity to compete for participation in such purchases and sales. Provides that a multilateral or bilateral trade agreement may be entered into only if the trade agreement: (1) meets at least one of the negotiating objectives described in this Act; (2) provides for the reciprocal exchange of obligations among the signatories to the agreement; (3) provides a reasonable likelihood that the United States can enforce the obligations of such agreement; and (4) complements and reinforces existing agreements with non-signatory countries and existing U.S. agreements on related economic subjects. Requires the President, before entering into such a multilateral or bilateral trade agreement, to consult with specified congressional committees. Requires the U.S. Trade Representative to consult with interested congressional committees on a continuing basis in order to inform the Congress of trade negotiations and the progress in meeting, and obstacles to achieving, U.S. trade negotiating objectives. Provides that a multilateral or bilateral trade agreement entered into under this Act shall enter into force with respect to the United States if: (1) the President has notified the Congress of the intent to enter into such an agreement; (2) after entering into the agreement the President submits the final legal text of the agreement to the Congress together with other specified materials; and (3) the implementing bill is enacted. Authorizes the President to make certain recommendations to the Congress in order to ensure that a foreign country that receives benefits under a trade agreement is subject to obligations under the agreement. Imposes limitations on the use of expedited congressional procedures for the consideration of an implementing bill or approval resolution relating to such trade agreements. Declares that the overall objectives of the United States in international trade negotiations shall be to obtain: (1) more open, fair, and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; (3) an appropriate overall balance between benefits and concessions within the agricultural, manufacturing, mining and service sectors; and (4) improved management of the new global economy. Sets forth the principal objectives in negotiating such agreements. Amends the Trade Act of 1974 to declare that the principal U.S. negotiating objectives under the import relief provisions of such Act shall be to eliminate or reduce foreign barriers to equitable access by U.S. persons to foreign development technology. Requires the United States, in pursuing such objectives, to take into account U.S. policies in licensing or otherwise making available to foreign persons technology and other information developed by U.S. laboratories. Provides termination and reservation authority for trade agreements entered into under this Act. Requires the President to determine, after a specified five-year period, whether any major industrial country has failed to make reciprocal concessions under a trade agreement. Requires the President to recommend certain legislation to the Congress with respect to such a country if the country has failed to make such concessions. Provides that no political party shall dominate the membership of specified trade advisory committees. Requires the President to make the same determinations regarding state trading enterprises before a foreign country accedes to a multinational trade agreement to which the United States is a party that the President is required to make before entering into negotiation of a multilateral or bilateral trade agreement under this Act. Requires the President, if a country's state trading enterprises meet such criteria, to reserve the right of the United States to withhold extension of such agreement between the United States and such country. Provides that, if a country's state trading enterprises meet such criteria such trade agreement shall not apply between the United States and such country until: (1) such country and the United States enter into an agreement providing that the state trading enterprises will make certain purchases and sales in accordance with commercial considerations and will afford U.S. businesses an opportunity to compete for such purchases and sales; or (2) a bill which approves the extension of such agreement between the United States and such foreign country is enacted. Provides for expedited congressional consideration of such an implementing bill. Requires the President to begin bilateral negotiations on an expedited basis with each foreign country which pegs its currency to the U.S. dollar to ensure that such country regularly adjusts the exchange rate between its currency and the dollar to reflect underlying economic fundamentals. Requires the President to submit to the Congress a semi-annual report on such negotiations and developments in the exchange rates. Title II: Enhancing Competitiveness - Subtitle A: Positive Adjustment in Import-Impacted Industries - Amends the Trade Act of 1974 to change the chapter providing for import relief. Provides that a petition for eligibility for import relief for the purpose of facilitating orderly adjustment to import competition may be filed with the International Trade Commission (ITC) by any entity which is representative of an industry. Requires the petition to include a statement describing the specific purposes for which import relief is being sought. Requires the ITC to begin an investigation to determine whether an article is being imported in such increased quantities as to be a substantial cause of serious injury, or threat of serious injury, to a competing domestic industry upon: (1) request of the President or the U.S. Trade Representative (USTR); (2) resolution of specified congressional committees; or (3) filing of a petition. Requires the ITC, in making such determination, to consider all relevant economic factors. Lists certain factors to be considered, including, with respect to serious injury, the inability of a significant number of firms to operate domestic production facilities at a reasonable profit and, with respect to threat of serious injury: (1) export targeting by a foreign government; (2) the existence of affirmative antidumping or countervailing duty determinations relating to a specified country; (3) the extent of the inability of the domestic industry to maintain its research and development expenditures; and (4) the extent to which articles are being diverted to the United States because of export or import restraints in a third country. Sets forth the methods to be used by the ITC to determine the relevant domestic industry, including requiring the ITC to treat as part of an industry only its domestic production even if the industry also imports. Defines "substantial cause" to mean a cause which is important and not less than any other cause. Requires the ITC to: (1) investigate and report on efforts made by firms and workers in the industry to compete more effectively; and (2) investigate any factors which may be contributing to increase imports and, if the ITC has reason to believe that the increased imports are attributable to dumping, to notify the appropriate agency. Declares that imports of competitive articles by domestic producers shall not be considered a factor indicating the absence of serious injury or threat of serious injury to such industry. Requires the ITC to examine factors other than imports which may be a cause of injury or threat of injury to the domestic industry. Requires the ITC to hold public hearings in import relief investigations. Requires the ITC to make a determination within 150 days of the start of an import relief investigation. Prohibits an import relief investigation with respect to a domestic industry which during the preceding ten years was the subject of a previous investigation that resulted in: (1) tariff changes, import quotas, or orderly marketing agreements; or (2) the granting of an antitrust exemption to such domestic industry. Prohibits for one year any import relief investigation, except for good cause, of the same subject matter as a previous investigation that did not succeed in obtaining relief. Requires the President to impose provisional import relief if the President finds that critical circumstances exist. Sets forth limitations on the duration of such relief. Declares that critical circumstances exist if a significant increase in imports over a short period of time has led to circumstances in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the regular import relief procedure. Permits a petition which alleges import injury to a perishable product to be filed with the Secretary of Agriculture with a request that emergency relief be granted. Sets forth the procedure and timetable for granting such emergency relief. Requires the USTR to establish a plan development group for the domestic industry producing articles like, or directly competitive with, the article that is the subject of the import relief investigation. Requires such group to be established whenever the ITC begins any import relief investigation. Requires each plan development group to consist of officials from various Federal agencies and individuals who are representative of the firms and of the workers in the domestic industry. Requires each plan development group to prepare for the industry concerned as assessment of current problems and a competitive enhancement strategy that sets forth objectives and steps that workers and firms could undertake to: (1) improve the industry's competitiveness; (2) assist the industry to adjust to new methods of competition; (3) lead to a domestic industry that can compete after the expiration of any import relief actions; and (4) adjust to import competition through the orderly transfer of resources to alternative uses. Sets forth information to be included in such assessment and strategy. Requires the report on such assessment and strategy to be submitted to the ITC and to the petitioner, if any, within 120 days after the ITC starts the import relief investigation. Requires a petitioner for import relief to file an adjustment plan with the ITC within seven days (later if authorized by the ITC) of the ITC finding that import relief is warranted. Authorizes any trade association, firm, union, or group of workers that represents a significant portion of the affected domestic industry to file such an adjustment plan with the ITC if the import relief action was not initiated by petition. Requires the ITC to select one plan if more than one adjustment plan is submitted. Requires the adjustment plan to set forth: (1) the specific objectives of the import relief being requested (including the facilitation of orderly transfer of resources to alternative uses or other means of adjusting to competition); (2) a schedule for achieving such objectives; and (3) a description of actions which will be taken to achieve such objectives. Sets forth factors that may be addressed in such adjustment plan. Requires the USTR to present to the ITC and to the President the opinions of the heads of various Federal agencies on the viability of such adjustment plans. Requires the ITC, after an adjustment plan is submitted, to try to obtain, on a confidential basis, commitments from the members of the domestic industry regarding: (1) how such members intend to act upon the objectives and actions set forth in such plan; and (2) any other actions such members intend to take to foster the objectives of the adjustment plan. Requires the ITC to transmit such commitments to specified Federal officials, on a confidential basis. Provides for administration of the plan development groups. Exempts participation in plan development groups from the antitrust laws. Requires the ITC to report to the President on the determination made by the ITC in an import relief investigation. Sets forth information to be included in such report. Requires the ITC, if it determines that import relief is warranted, to: (1) recommend actions which the President is authorized to take that (alone or in combination with other actions) create a reasonable expectation that the domestic industry can compete successfully with imports after the termination of the import relief; or (2) if the ITC finds no such reasonable expectation, recommend actions which the President is authorized to take that are necessary to provide for the orderly transfer of such industry's resources; (3) determine, for purposes of limiting import relief actions, the amount of any change in import restrictions which would prevent or remedy the serious injury or threat of serious injury caused by imports; and (4) include specified information in the report to the President, including a description of the short- and long-term effects of the implementation of the recommendation on other domestic industries and consumers. Limits the extent of the impact of, and the duration of, the import relief recommended by the ITC. Provides for public hearings by the ITC on its recommendations. Requires the ITC to: (1) consider specified factors in making such recommendations; (2) report to the President on import relief determinations within 180 days of the start of the investigation; and (3) furnish additional information to the President upon request. Requires the President, if the ITC makes an affirmative unanimous determination that import relief is warranted, to take, within 30 days of receipt of the ITC report: (1) the actions recommended by the ITC; or (2) other actions which are at least substantially equivalent to the actions recommended by the ITC. Requires the President to submit a draft of a bill waiving the above requirement and containing the actions the President has decided to take if the President decides that: (1) actions other than those recommended by the ITC or their substantial equivalent should be taken; or (2) no action should be taken. Provides for expedited congressional consideration of such bill. Provides for congressional veto (by enactment of a joint resolution of disapproval) of the President's decision to take other action or no action. Requires the President, if the ITC determines in a non-unanimous vote that import relief is warranted, to: (1) take import relief actions that create a reasonable expectation that the domestic industry can compete successfully with imports after the termination of such relief; or (2) take actions to provide for the orderly transfer of the resources of the domestic industry to other productive pursuits if the President does not find such a reasonable expectation. Declares that the President shall not be required to take any import relief action following a non-unanimous import relief determination by the ITC if the President determines that the import relief would be deterimental to national security or would cause serious injury to a domestic industry. Sets forth the timetable for actions by the President in import relief actions. Sets forth the import relief actions the President is authorized to take, including providing trade adjustment assistance and antitrust exemptions, directing the initiation of antidumping and countervailing duty investigations, and entering into multilateral negotiations. Sets forth the criteria for granting antitrust exemptions and initiating antidumping actions. Limits the amount of increase of any duty provided as import relief. Limits the extent of any quantitative restriction on imports that is imposed as import relief. Postpones the implementation of import relief is the President publishes notice of intent to negotiate an orderly marketing agreement. Provides for administration, review, and termination of import relief actions taken by the President. Provides for termination of import relief if the USTR finds that: (1) a domestic industry has failed to implement the recommended objectives and actions specified in the adjustment plan submitted to the ITC or the actions declared in the confidential information submitted in connection with such plan; and (2) such failure is not justified by changed circumstances and has adversely affected overall implementation of the objectives specified in the plan. Limits the duration, with specified exceptions, of import relief actions to: (1) eight years; or (2) the period of time in which the domestic industry can compete successfully without import relief or the period of time in which an orderly transfer of resources can be completed. Provides for one five-year extension of import relief. Provides for reducing import relief every three years if the import relief lasts more than three years. Authorizes the President, if an orderly marketing agreement is negotiated, to suspend or terminate import relief provisions dealing with tariff modifications. Provides for the reduction or termination of import relief actions if: (1) no commitments were made to the ITC by any members of the domestic industry; and (2) the President makes a specified determination relating to achievement of the objectives of the import relief actions. Requires the ITC to evaluate the effectiveness of the import relief actions after holding public hearings and to report to the President and to the Congress on such evaluation. Subtitle B: Trade Competitiveness Assistance - Amends the Trade Act of 1974 to change the eligibility requirements for trade adjustment assistance for workers and firms. Refers to trade adjustment assistance as trade competitiveness assistance. Authorizes the certification of workers and firms as eligible for such assistance if there are increases in imports of articles that are competitive with articles to which the workers (through their firms) or the firms provide essential parts or services. Requires a worker, in order to receive cash assistance, to: (1) be enrolled in a training program approved by the Secretary of Labor; (2) have completed such a program; or (3) have received a written certification from the Secretary or the relevant State or State agency that it is not feasible or appropriate to approve a training program for such worker. Prohibits payment of such assistance to such worker if the worker has failed to begin, or has ceased to participate in, such training program without justifiable cause until the worker begins or resumes participation in such training program. Requires the Secretary to report annually to specified congressional committees on the number of workers who received certifications on the non-feasibility or inappropriateness of job training during the preceding year. Increases the maximum trade readjustment allowance to an amount equal to 78 (currently 52) times the amount of one week's trade readjustment allowance. Provides that such increase shall apply to a worker who receives a certification of non-feasibility of job training. Requires that, if the Secretary approves training for adversely affected workers, the training must be reasonably available. Provides that such training may be paid for directly or through a voucher system. Limits the total amount of payments for training for each adversely affected worker to $4,000. Requires each cooperating State agency (agency which provides trade adjustment assistance services) to advise adversely affected workers of training opportunities as soon as practicable. (Current law requires the agency to provided such advice within 60 days of receiving an application for training.) Terminates on September 30, 1991, trade adjustment assistance programs for workers, technical assistance for firms, and the imposition of import fees to fund such programs. Authorizes appropriations for trade adjustment assistance for workers and for firms through FY 1989. (Current law authorizes such appropriations through FY 1991.) Establishes within the Treasury a Trade Competitiveness Assistance Trust Fund. Provides for its funding. Requires the amounts in the Trust Fund to be used to: (1) pay drawbacks and refunds of the duty imposed on all imports by this Act; and (2) carry out trade adjustment assistance for workers and firms to the extent and in such amounts as provided by appropriations Acts. Prohibits the use of the amounts in the Trust Fund to pay certain loans guaranteed under programs for trade adjustment assistance for firms. Directs the President to undertake negotiations to change the General Agreement on Tariffs and Trade (GATT) to allow countries to impose a small uniform duty on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs. Directs the President to report to the Congress six months after enactment of this Act on the progress of such negotiations. Directs the President to report to the Congress as soon as the GATT allows the imposition of such a duty. Imposes an additional duty on all imports into the United States, including those imports granted duty-free treatment, with specified exceptions. Title III: Unfair International Trade Practices Investigations - Subtitle A: Mandatory Responses to Unfair Distortion of International Trade - Amends the Trade Act of 1974 to require the national trade estimate prepared annually by USTR to include a list of the trade barriers of each foreign country and an estimate of the value of additional U.S. goods and services and the value of additional foreign direct investment by U.S. persons that would have been exported to, or invested in, each foreign country if each of such trade barriers did not exist. Requires the USTR to consider the value of such U.S. exports and investments in determining the trade distorting impact of such trade barriers. Changes the date on which such annual report (to be known as the National Trade Estimate) is due to March 31. Requires the President, if a country is identified in the 1986 National Trade Estimate as a country that has foreign trade barriers and the USTR determines that such country maintains a consistent pattern of barriers and market distorting practices, to initiate negotiations with such country to eliminate such barriers. Requires the USTR to determine, within 30 days of enactment of this Act, with respect to each such country whether such country maintains such a pattern of market barriers. Declares that Japan is such a country. Requires the President to report to the Congress by December 31, 1988, on the effects of any agreements reached by such negotiations. Requires the USTR to initiate investigations with respect to those trade barriers identified in the National Trade Estimate which constitute significant trade barriers or distortions and which are likely to be: (1) unjustifiable; or (2) unjustifiable, unreasonable or discriminatory and restrictive of U.S. commerce and, if eliminated, are likely to result in the greatest expansion of U.S. exports. Exempts the USTR from initiating an investigation under (2) if such an investigation would be detrimental to other efforts to eliminate such barriers. Defines significant barriers to and distortions of trade. Requires the USTR to determine within nine months of the start of an investigation, whether: (1) the United States is being denied any trade rights; or (2) the trade practices being investigated constitute unfair practices. Requires the USTR to provide an opportunity for the presentation of the views of interested parties and to obtain advice from appropriate advisory bodies either before or after making such determination depending upon whether expeditious action is required. Requires the USTR to make the determination more quickly (within six months) if export targeting is alleged. Requires the President to take the actions necessary to enforce U.S. trade rights and to eliminate unfair trade practices if such determination is affirmative. Sets forth the time frame in which such actions must be taken. Authorizes the President to postpone taking such actions if the President makes a specified certification to the Congress. Prohibits the President from granting more than two postponements. Declares that the President is not required to take any actions if: (1) the contracting parties to the General Agreement on Tariffs and Trade (GATT) make a determination that conflicts with the USTR's determination of unfair trade practices; (2) an agreement is entered into between the United States and the foreign country involved and the affected domestic industry or the petitioner agrees that such agreement adequately offsets the unfair trade practices and enforces U.S. trade rights; or (3) the investigation of such trade practices was not initiated by a finding in the National Trade Estate of unjustifiable trade barriers and the President submits a specified certification to the Congress. Terminates any actions taken in response to such investigations after seven years if there is no request for continuation of the action. Provides for formal review, upon request, of the necessity of the continuation of the action request. Requires the USTR to report to the Congress on such review. Authorizes the President to modify or terminate an action taken pursuant to such an investigation if: (1) the contracting parties to the GATT have determined, or a GATT panel of experts has reported, that the action violates U.S. international obligations or that the trade practice to which the action responds is not a violation of, or inconsistent with, a trade agreement or does not impair U.S. benefits under a trade agreement; (2) an offsetting trade agreement has been reached; or (3) the burden on the U.S. economy of the denial of trade rights or of the unfair trade practices has increased. Includes foreign trade practices that threaten to burden or restrict U.S. commerce among the trade practices to which the USTR must respond. Defines "burden on U.S. commerce" to include: (1) foreign trade practices which have an adverse effect on trade between the United States and another foreign country; (2) the subsidization of exports that results in the displacement of U.S. exports to another foreign country; (3) the imposition of import restrictions or export performance requirements that result in the diversion of the exports of another foreign country to U.S. markets; and (4) the enforcement of trade restraining agreements that result in the diversion of the exports of another foreign country to U.S. markets. Requires foreign instrumentalities and territories to be treated as foreign countries. Authorizes the President, in reaction to unfair foreign trade practices, to: (1) enter into agreements that offset or eliminate any burden on U.S. commerce resulting from such practices; or (2) withdraw or refrain from proclaiming benefits under the Generalized System of Preferences for the country involved. Includes within the definition of unreasonable trade practices: (1) export targeting; or (2) a requirement that intellectual property be licensed to the foreign country concerned or to a firm in such country or that technical information be submitted to such country as a condition of importation into such country. Defines "export targeting" to include any government plan consisting of a combination of coordinated actions that are bestowed on a specific enterprise, industry, or group the effect of which is to assist the enterprise, industry, or group to become more competitive in exports. Sets forth actions included within the definition of export targeting. Adds to the definition of service sector access authorization reference to a foreign supplier of goods related to a service. Includes within the definition of "unjustifiable trade practices" trade practices: (1) which enable a state trading enterprise to compete in international trade or make purchases or sales in international trade without depending on commercial considerations; (2) through which a foreign country assists a state trading enterprise in such competition, purchases, or sales; or (3) which fail to afford U.S. firms adequate opportunity, in accordance with customary business practice, to compete for participation in purchases from, or sales to, state trading enterprises. Defines "denial of benefits" under a trade agreement to include foreign trade practices that: (1) nullify, impair, or impede attainment of the objectives of such agreement; (2) constitute an unfair trade concession requirement for any product or service within the purview of such agreement. Defines "unfair trade concessions requirement." Authorizes the President, in order to meet U.S. international obligations, to take actions to compensate foreign governments for actions taken with respect to unfair foreign trade practices. Subtitle B: Improvement in the Enforcement of Antidumping and Countervailing Duties - Amends the Tariff Act of 1930 to require the administering authority, if there is an affirmative finding that countervailing duties are warranted and the petition alleges that a subsidy is inconsistent with the Agreement on Subsidies and Countervailing Measures or if a countervailing duty investigation is commenced and the administering authority has reason to believe that a subsidy is inconsistent with the Agreement, to: (1) notify the Customs Service of such determination and direct customs officers to collect information on imports of the type of merchandise that is the subject of the investigation; (2) order the suspension of liquidation of such imports that are entered, or withdrawn from warehouse, on or after the publication of the notice of such determination; and (3) begin monitoring the volume of such imports to determine whether there has been a surge of such imports since the countervailing duty investigation petition was filed or the investigation commenced. Prohibits a determination of the existence of a surge of imports until 60 days after the petition was filed or the investigation commenced. Terminates the suspension of liquidation if the preliminary determination of the administering authority is that no subsidy is being provided. Requires the administering authority to order the posting of security for unliquidated entries of affected imports if the administering authority makes a preliminary determination that an inconsistent subsidy exists and there has been a surge of such imports. Terminates any suspension of liquidation and requires the release of any security posted with respect to such imports if a countervailing duty investigation is terminated. Provides that the final determination of whether there is a subsidy which is inconsistent with the Agreement and whether there was a surge of imports may be affirmative even if the preliminary determination was negative. Deletes the requirement that the ITC also determine whether there is material injury that will be difficult to repair and whether the material injury resulted from the surge of imports. Terminates the suspension of liquidation of such imports and releases any security posted with respect to such imports if the final determination of the administering authority is that there is no inconsistent subsidy or surge of imports or the final determination of the ITC is that there is no material injury but that there is a threat of material injury or that the establishment of an industry in the United States is materially retarded. Deletes the provision that prohibits any determination as to the presence of critical circumstances with respect to non-duty-free imports. Requires the administering authority, if there is an affirmative finding of the need to impose an antidumping duty or if an antidumping duty investigation is initiated by the administering authority, to: (1) notify the Customs Service of such determination and direct customs officers to collect information on imports of the type of merchandise that is the subject of the investigation; and (2) begin monitoring the volume of such imports to determine whether there has been a surge of such imports since the antidumping petition was filed or the investigation commenced. Prohibits a determination of the existence of a surge of imports until 60 days after the petition was filed or the investigation commenced. Suspends the liquidation of duties on such imports starting 70 days after the antidumping petition is filed or the investigation is commenced. Terminates such suspension of duties if the preliminary determination is that the imports are being sold or are likely to be sold at less than fair market value (are being dumped). Requires the administering authority to order the posting of security for unliquidated entries of affected imports if the administering authority makes a preliminary determination that goods are being dumped. Terminates the suspension of liquidation and requires the release of any security posted with respect to such imports if an antidumping duty investigation is terminated. Provides that the final determination of dumping may be affirmative even if the preliminary determination was negative. Deletes the provision that required the final determination of the ITC to include a finding as to whether a retroactive duty should be imposed on dumped imports. Requires the administering authority, if it determines that merchandise is imported into the U.S. customs territory by, or for, a manufacturer, producer, seller, or exporter for the purpose of absorbing antidumping duties on behalf of a U.S. purchaser, to declare the importation a sham transaction and direct customs officers to treat the U.S. purchaser as the importer solely liable for such duties. Sets forth factors to consider in determining whether a transaction is a sham transaction. Prohibits the ITC from determining that there is no material injury or threat of material injury to U.S. producers of fungible products by reason of imports of such products solely on the basis of evidence that: (1) sales of such imports were not the first sales or offers at a reduced price in the relevant market; (2) similar price declines occurred in comparable markets; (3) U.S. producers also import such products; or (4) U.S. producers of the products are profitable. Requires the administering authority to investigate whether diversionary input dumping is occurring whenever: (1) the administering authority has reasonable grounds to suspect that such dumping is occurring; (2) a specified type of material or component is routinely used as a major material or component in manufacturing or producing the merchandise under investigation; and (3) generally accepted trade statistics indicate that, after the issuance of an antidumping duty order or the entry into force of an international agreement relating to the importation into the United States of such material or component, the quantity or market share of shipments to the United States of such material or component has decreased or the rate of increase of such shipments has decreased and shipments to the United States of the merchandise under investigation have increased. Sets forth the timetable for preliminary and final determinations by the administering authority as to the existence of diversionary input dumping. Provides that the foreign market value of merchandise that constitutes diversionary input dumping shall be the constructed value of the merchandise. Provides for increasing the cost of the material or component that is found to be involved in diversionary input dumping. Requires the administering authority, if the merchandise involved in a dumping investigation is exported from a nonmarket economy country and it is not possible to accurately determine the foreign market value of such merchandise from the information submitted by such country, to determine the foreign market value on the basis of the trade-weighted average price at which comparable merchandise is sold by a specified eligible market economy country. Provides for determining such foreign market value when there is no eligible market economy producer. Provides a special rule for imports of fungible products. Defines "nonmarket economy country" and "eligible market economy country." Authorizes the administering authority to suspend an antidumping investigation involving a nonmarket economy country if specified conditions are met. Requires the Commissioner of Customs and the ITC to provide the administering authority, upon request, with a copy of all public and proprietary information that they possess that is relevant to dumping proceedings involving merchandise from such countries. Authorizes a domestic producer of an article that is like a component part or a downstream product to petition the administering authority to designate a downstream product for monitoring by the ITC. Sets forth information to be included in the petition. Requires the administering authority to determine whether there is a reasonable likelihood that imports of the downstream product will increase as an indirect result of any diversion with respect to component parts. Sets forth factors the administering authority may take into account in making such determination. Requires the ITC to make quarterly reports to the administering authority regarding the ITC monitoring of a downstream product. Requires the administering authority to review the reports of the ITC and: (1) consider such information in determining whether to initiate an antidumping or countervailing duty investigation regarding a downstream product; and (2) request the ITC to cease its monitoring if the information indicates that imports are not increasing and there is no reasonable likelihood of diversion with respect to component parts. Title IV: Intellectual Property Rights - Subtitle A: Intellectual Property Remedies - Makes unlawful (and therefore subject to remedies for unfair trade practices) the importation or sale within the United States, if a related industry exists in the United States or is being established, of articles that: (1) infringe a U.S. patent or copyright or are produced by a process covered by a U.S. patent; or (2) infringe a trademark. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Sets forth the manner of determining whether a U.S. industry exists. Authorizes the ITC to terminate an investigation into unfair practices in the import trade by issuing a consent order or on the basis of a settlement agreement. Authorizes a complainant to petition the ITC to issue an order for the exclusion of certain articles during an investigation into unfair practices in the import trade. Sets forth the timetable for action by the ITC. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property. Provides that the ITC may issue cease and desist orders in addition to or in lieu of exclusionary orders. Increases the penalty for violations of such orders. Requires the ITC to presume the facts alleged in the complaint are true and to issue, upon request, an exclusion from entry or a cease and desist order or both under certain circumstances. Authorizes the ITC to prescribe sanctions for abuse of discovery and abuse of process. Authorizes the ITC to order the forfeiture of an article imported in violation of the import trade unfair practices section if: (1) the importer had previously attempted to import the article; (2) the article was previously denied entry into the United States; and (3) upon such previous denial of entry the Secretary of the Treasury had provided the importer with a specified written notice. Provides that a person who has been previously found to be in violation of the provisions relating to unfair import practices may petition the ITC for a finding that such person is no longer in violation of such provisions or for a modification or rescission of an exclusion. Excludes intellectual property imported by or for the United States from certain exclusion orders. Provides for the protection of the confidentiality of information submitted to the ITC or exchanged among the parties in cases involving unfair import practices. Subtitle B: Access to Technology - Requires the USTR in conjunction with the National Science Foundation to: (1) monitor the transfer of technology between the United States and foreign countries; and (2) report annually to specified congressional committees on such transfers. Requires the Secretary of Commerce (Secretary) to designate a Foreign Commercial Service Officer in a foreign country to monitor and report on the status of the intellectual property system in such country. Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance for programs to aid less developed countries in developing and implementing adequate intellectual property laws and in developing their own indigenous technology. Requires the Secretary to identify the technical assistance needs of such countries. Requires the Secretary to establish the United States Intellectual Property Training Institute to train individuals of developing countries in both management and technical skills regarding the protection of intellectual property. Provides for financing the Institute. Title V: National Security - Amends the Trade Expansion Act of 1962 to grant the Secretary of Commerce (the Secretary) the responsibility for investigating, upon request, the effects of imports on national security. Requires the Secretary to report to the President on such investigation within six months of receiving the request that starts the investigation. Requires the Secretary to notify the Secretary of Defense concerning any such investigation. Requires the Secretary of Defense to conduct a separate defense needs assessment of the article affected by such imports. Requires the Secretary of Defense to report to the Secretary on such assessment within three months. Requires the Secretary's report to the President on such investigation to include a statement by the Secretary of Defense concurring or disagreeing with the Secretary's findings and explaining such concurrence or disagreement. Requires any portion of such report to be published if it is not: (1) classified as being clearly detrimental to the national security; and (2) proprietary information. Requires the President to : (1) decide whether or not to take action based on such report within 90 days of receiving it; and (2) explain the decision. Title VI: Formulation of United States Trade Policy - Requires the head of each Federal agency, before taking any major action that may affect international trade, to study, and publish a report on, the potential impact such action will have on U.S. international trade and on the international competitiveness of U.S. firms. Exempts emergency actions and certain other actions from such reporting requirement. Requires the head of each Federal agency to include such report with any proposed legislation made to the Congress. Amends the Trade Expansion Act of 1962 to establish in the Executive Office of the President the National Trade Council, which shall: (1) advise the President on the coordination of national and international policies relating to trade; (2) assess U.S. international trade policies and objectives; (3) consider policies on matters of common interest to Federal agencies concerned with international trade; (4) consider the relationship between the U.S. standard of living and U.S. trade policies; and (5) evaluate the effects of U.S. trade policies and objectives on the national security. Provides for consultations between members of the Council and representatives of the private sector. Requires the Council to report to the President as appropriate or upon request of the President. Terminates the Trade Policy Committee. Establishes the National Trade Data Committee to: (1) establish and maintain a National Trade Data Bank; (2) analyze information in the National Trade Data Bank; (3) disseminate such information to export businesses in a timely manner; and (4) coordinate the gathering and dissemination of commercial information relating to international trade by the Federal Government. Sets forth information to be included in the National Trade Data Bank. Requires each Federal agency to cooperate in providing information for assimilation into the National Trade Data Bank. Requires the Committee to report annually to the Congress: (1) assessing the current quality, comprehensiveness, and accessibility of trade data; (2) describing actions that have been taken and that are planned to be taken pursuant to this Act; (3) recommending actions which would ensure that U.S. citizens and firms obtain access to foreign data banks that is similar to the access provided foreign citizens and firms to the National Trade Data Bank; and (4) recommending other legislative actions. Exempts from the Paperwork Reduction Act of 1980 certain actions taken to carry out this Act. Title VII: Agriculture - Declares that it is U.S. policy to increase agricultural exports, to recapture the U.S. market share in agricultural trade, and to support programs to make U.S. exports more competitive abroad. Sets forth other policy objectives relating to agriculture. Authorizes the Secretary of Agriculture to make available certain commodities to cooperator organizations which shall use the commodities to establish demonstration projects designed to expand markets for U.S. agricultural commodities and products. Requires that there be at least 850 full-time employees during each of FY 1987, 1988, and 1989 in the Foreign Agricultural Service of the Department of Agriculture. Expresses the sense of the Congress that such a number of employees should make it possible for the Service to devote greater resources to developing markets for U.S. agricultural commodities and products. Requires an agricultural attache who is reassigned from abroad to counsel agricultural producers on means of increasing exports and agricultural market development and promotional activities. Requires at least 60 percent of the personnel resource time of agricultural attaches who are stationed abroad to be devoted to market development and promotional activities for U.S. agricultural commodities. Authorizes the Secretary to contract with an individual for services to be performed outside the United States as necessary in order to carry out market development activities for U.S. agricultural commodites. Establishes within the Service an Office of International Market Development and Export Promotion to coordinate all market development, promotional, export enhancement, export credit, and targeted export assistance programs. Requires the Office to report annually to specified congressional committees on the market development programs. Establishes within the Office a unit to monitor the quality of agricultural exports. Requires the unit to: (1) act as liaison with the Federal Grain Inspection Service, private U.S. exporters, foreign governments, and U.S. agricultural attaches overseas; (2) receive and respond to complaints about the quality of U.S. agricultural exports; and (3) identify problems in foreign markets concerning the quality of U.S. commodities and ensure that notice of such problems is provided to the relevant entities for quick response and follow-up. Establishes within the Office a unit to evaluate the overall effectiveness of the market development and promotional programs of the Service. Requires the unit to report annually to specified congressional committees on such programs. Earmarks at least 50 percent of the FY 1987 increase in funding of the Service to be used to create new markets for U.S. agricultural commodities in developing markets. Authorizes appropriations for FY 1987 for trade shows and exhibitions conducted by the Service. Sets forth the ways the increase in funding for trade shows shall be used. Authorizes appropriations for FY 1987 for program management and support activities of the Service and for its market promotion and trade development activities. Requires some of the increased funding to be used to provide adequate staff for: (1) the development of markets for high value-added products; and (2) the improvement of the quality of agricultural exports. Establishes within the Department of Agriculture an Export Market Development Advisory Committee to: (1) review all U.S. agricultural market development and export enhancement programs; and (2) make recommendations for the improvement of such programs.

Bill· SS. 489 (100th)referred

A bill to improve the formulation of United States international trade policy.

United States · United States Congress · 5 February 1987

Requires the head of each Federal agency, before taking any major action that may affect international trade, to study, and publish a report on, the potential impact such action will have on U.S. international trade and on the international competitiveness of U.S. firms. Exempts emergency actions and certain other actions from such reporting requirement. Requires the head of each Federal agency to include such report with any proposed legislation made to the Congress. Amends the Trade Expansion Act of 1962 to establish in the Executive Office of the President the National Trade Council, which shall: (1) advise the President on the coordination of national and international policies relating to trade; (2) assess U.S. international trade policies and objectives; (3) consider policies on matters of common interest to Federal agencies concerned with international trade; (4) consider the relationship between the U.S. standard of living and U.S. trade policies; and (5) evaluate the effects of U.S. trade policies and objectives on the national security. Provides for consultations between members of the Council and representatives of the private sector. Requires the Council to report to the President as appropriate or upon request of the President. Terminates the Trade Policy Committee. Establishes the National Trade Data Committee to: (1) establish and maintain a National Trade Data Bank; (2) analyze information in the National Trade Data Bank; (3) disseminate such information to export businesses in a timely manner; and (4) coordinate the gathering and dissemination of commercial information relating to international trade by the Federal Government. Sets forth information to be included in the National Trade Data Bank. Requires each Federal agency to cooperate in providing information for assimilation into the National Trade Data Bank. Requires the Committee to report annually to the Congress: (1) assessing the current quality, comprehensiveness, and accessibility of trade data; (2) describing actions that have been taken and that are planned to be taken pursuant to this Act; (3) recommending actions which would ensure that U.S. citizens and firms obtain access to foreign data banks that is similar to the access provided foreign citizens and firms to the National Trade Data Bank; and (4) recommending other legislative actions. Exempts from the Paperwork Reduction Act of 1980 certain actions taken to carry out this Act.

Resolution· SCONRESS.Con.Res. 15 (100th)referred

A concurrent resolution expressing the sense of the Congress that no major change in the payment methodology for physicians' services, including services furnished to hospital inpatients, under the Medicare Program should be made until reports required by the 99th Congress have been received and evaluated.

United States · United States Congress · 5 February 1987

Expresses the sense of the Congress that: (1) no Medicare (title XVIII of the Social Security Act) physician payment methodology should be implemented which is based on hospital discharge classifications or requires mandatory assignment; and (2) no drastic change in the Medicare physician payment methodology should be undertaken without the receipt of reports required by legislation enacted in the 99th Congress and a detailed analysis of the long-range impact of such change on the provision of health care.

Bill· SS. 471 (100th)open

A bill to amend title 10, United States Code, to revise the method for pricing tobacco products for sale in commissaries, exchanges, and ships' stores, and for other purposes.

United States · United States Congress · 4 February 1987

Amends Federal armed forces provisions regarding the sale of tobacco products in commissary stores, military exchanges, or ships' stores to require that the price charged for such products be the prevailing or average price charged by private commercial businesses for the retail sale of such products, including applicable State and local taxes. Authorizes the Secretary of a military department to use the profits from the sale of such tobacco products to promote the health and fitness of armed forces members and their dependents. Directs the Secretary of Defense to prescribe regulations to carry out this Act.

Bill· SS. 460 (100th)referred

A bill to amend the Internal Revenue Code of 1954 to impose a fee on the importation of crude oil or refined petroleum products to protect the national and energy security interests of the United States.

United States · United States Congress · 4 February 1987

Amends the Internal Revenue Code to impose an import fee on: (1) the first sale within the United States of any crude oil or any refined petroleum product imported into the United States; and (2) the use within the United States of any crude oil or any refined petroleum product imported into the United States if no such tax has been imposed prior to such use. Exempts from such tax crude oil or refined petroleum products purchased for export. Sets the rate of such tax at $4 per barrel reduced by an amount equal to the excess of the energy policy price per barrel over $18.

Bill· SS. 447 (100th)referred

A bill to amend the Internal Revenue Code of 1986 to increase the excise taxes on cigarettes to 32 cents per pack and on snuff and chewing tobacco to 8 cents per package.

United States · United States Congress · 3 February 1987

Amends the Internal Revenue Code to increase the excise tax on cigarettes from: (1) $8 to $16 per thousand for small cigarettes; and (2) $16.80 to $33.60 per thousand for large cigarettes. Increases the excise tax on snuff from 24 cents to $1.20. Increases the excise tax on chewing tobacco from eight cents to 40 cents. Imposes a floor stock tax on domestic and imported large and small cigarettes, snuff, and chewing tobacco.

Bill· SS. 430 (100th)open

Retail Competition Enforcement Act of 1987

United States · United States Congress · 2 February 1987

Retail Competition Enforcement Act of 1987 - Amends the Sherman Act to set forth evidentiary standards for price-fixing actions. Provides that evidence that a seller of a good or service terminated the claimant as a buyer or refused to supply the claimant as a result of a competitor's communication regarding price competition shall be sufficient to infer that such seller and competitor engaged in concerted action to fix prices. Provides that the fact that a seller and a buyer entered into an agreement to establish the resale price of a good or service shall be sufficient to establish that such seller and buyer engaged in concerted action to fix prices.