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United States · Official source
4,138 records where Sen. D'Amato, Alfonse [R-NY] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 5 February 1987
Designates September 18, 1987, as National POW/MIA Recognition Day.
United States · United States Congress · 5 February 1987
Establishes congressional procedures for consideration of special messages submitted by the President proposing to rescind all or part of any item of appropriation provided in an approved appropriation bill.
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.
United States · United States Congress · 4 February 1987
Designates February 14, 1987, as Arizona Statehood Day and 1987 as Arizona Diamond Jubilee Year in honor of the 75th anniversary of Arizona statehood.
United States · United States Congress · 4 February 1987
Designates April 9, 1987, as National POW Recognition Day.
United States · United States Congress · 4 February 1987
Designates the week of April 26 through May 2, 1987, as Hemochromatosis Awareness Week.
United States · United States Congress · 4 February 1987
Designates April 24, 1987, as National Day of Remembrance of the Armenian Genocide of 1915-1923.
United States · United States Congress · 4 February 1987
Expresses the gratitude of the Senate and all Americans to Dennis Conner and his crew for renewing America's claim to nautical supremacy.
United States · United States Congress · 3 February 1987
Grants a Federal charter to the National Mining Hall of Fame and Museum.
United States · United States Congress · 3 February 1987
Designates the week of November 22 through November 29, 1987, as National Family Caregivers Week.
United States · United States Congress · 3 February 1987
Declares that it is the sense of the Senate that neither the President nor the Congress should impose fees on imported crude oil and refined petroleum products.
United States · United States Congress · 2 February 1987
Gives special recognition to the achievements of wilderness ecologist Aldo Leopold. Urges Federal land management agencies to model their activities after the conservation ethic he inspired.
United States · United States Congress · 29 January 1987
Designates the 69th anniversary of the renewal of Lithuanian independence, February 16, 1987, as Lithuanian Independence Day.
United States · United States Congress · 28 January 1987
Provides that each item of any joint resolution making continuing appropriations that is agreed to in the same form by both Houses of the Congress shall be enrolled as a separate bill or joint resolution for presentation to the President (line-item veto).
United States · United States Congress · 27 January 1987
Recognizes and acknowledges January 27, 1987, as New Mexico Day.
United States · United States Congress · 26 January 1987
Requires the Long Island Rail Raod and its employees to restore and maintain service during the period of the labor-management dispute. Provides for a temporary prohibition of strikes or lockouts. Establishes a separate three-member panel to mediate a resolution of such dispute and complete the collective bargaining process. Provides for binding arbitration if the parties fail to settle the dispute through mediation by the neutral member of such panel.
United States · United States Congress · 21 January 1987
Unfair Foreign Competition Act of 1987 - Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends such antidumping provision of the Unfair Competition Act of 1916 to allow any person who is injured in her or his property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or related importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; and (2) such sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. (Currently, the cause of such an action is predicated on the intent of the importer to injure or prevent the establishment of U.S. industry or to monopolize trade.) Restricts the court jurisdiction of such an action to the District Court of the District of Columbia or the Court of International Trade. Entitles a prevailing plaintiff in such an action to appropriate equitable relief or, if such relief is inadequate, to compensatory damages and legal expenses (currently, treble damages and legal expenses). Declares that the standard of proof in such an action is a preponderance of the evidence. Places the burden of proof for rebutting a prima facie case on the defendant. Includes within the meaning of prima facie case a finding by the International Trade Commission (ITC) or Department of Commerce that dumping exists. Authorizes the court to: (1) issue subpoenas to be enforced in any judicial district; (2) enjoin importation of articles allegedly dumped pending the defendant's compliance with any court order; (3) review, in camera, confidential or privileged material; (4) accept material under seal; and (5) disclose such material. Requires expedited treatment of such actions. Sets a four-year statute of limitations for actions under this Act. Requires the foreign market value or constructed value of an article to include the amount of any subsidy provided to the manufacturer, producer, or exporter of the article. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade. Allows any person who is injured in his or her business or property by the fraudulent, grossly negligent, or negligent entry or introduction of merchandise into U.S. commerce to bring a civil action in the District Court of the District of Columbia or the Court of International Trade, without respect to the amount in controversy. Entitles a person prevailing in such an action to appropriate equitable relief or, if such relief is inadequate, compensatory damages and legal expenses. Permits the United States to intervene in an action under this Act as a matter of right. Subjects any court order under this Act to nullification by the President pursuant to authority under the International Emergency Economic Powers Act.
United States · United States Congress · 21 January 1987
Nuclear Emergency Planning Act of 1987 - Amends the Atomic Energy Act of 1954 to prohibit the Nuclear Regulatory Commission (NRC) from granting an operating license to any nuclear power reactor applicant who has not been granted a full power operating license on or before January 1, 1987, unless: (1) the Federal Emergency Management Agency (FEMA) has reviewed and found adequate off-site emergency response plans which encompass a ten-mile radius; and (2) the NRC determines that the off-site emergency plans comply with federally prescribed standards and provide reasonable assurance that adequate protective measures will be taken in the event of a radiological emergency. Prohibits the NRC from reducing the existing emergency planning zone for a nuclear power reactor which was issued an operating license before January 1, 1987. Mandates that the standards of the NRC and FEMA for off-site and onsite emergency response plans for nuclear power reactors shall be at least as protective of public health and safety as those which are in effect as of January 1, 1987.
United States · United States Congress · 21 January 1987
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 21 January 1987
Designates the week of September 21 through September 27, 1987, as National Historically Black Colleges Week.
United States · United States Congress · 21 January 1987
Designates January 28, 1987, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 20 January 1987
Prompt Payment Act Amendments of 1987 - Revises Federal law to deem the head of a Federal agency to have received an invoice on the later of: (1) the date on which the designated office or employee of an agency actually receives it; or (2) the fifth day after the date on which a property is actually delivered, or final performance of a service is actually completed, unless the contract specifies otherwise. Makes Federal prompt payment provisions applicable to the United States Postal Service. Makes the Postmaster General responsible for issuing procurement regulations, solicitation provisions, and contract clauses. Reduces the 15-day grace period for payment of interest penalties to eight days for solicitations (other than meat products and agricultural commodities) issued before October 1, 1990. Eliminates such grace period for procurement solicitations issued on or after October 1, 1990. Requires an agency to pay a double interest penalty if: (1) the agency owes the interest penalty; (2) the interest penalty is not paid to the business concern on or after the date the penalty is due; (3) the agency does not pay the penalty within ten days after such payment is made; and (4) a written demand is made within 40 days after such payment is made. Requires regulations on interest penalties, in the case of construction contracts, to provide for the payment of interest on: (1) progress payments due for more than seven days, or a longer period if the prevailing practice in private construction contracts is to provide such longer period; and (2) amounts retained during the performance of a contract, if such amounts are not paid by the required payment date. Requires regulations on interest penalties to provide for periodic payments in the case of supply or service contracts upon: (1) the submission of an invoice for supplies delivered or services performed; and (2) acceptance of supplies or services by an authorized employee or certification of performance by such an employee. Requires Government construction contractors to include a payment provision in their agreements with their subcontractors which provides for payment in accordance with prevailing industry standards. Requires the contractor to pay a late payment interest penalty to the subcontractor at the rate applicable between the prime contractor and the Government. Declares that a prime contractor's obligation to pay an interest penalty to a subcontractor may not be construed to be an obligation of the United States. Specifies the calculation of time for interest penalties on discount payments. Revises agency reporting requirements on interest penalty payments to include a description of agency payment practices. Requires the modification of the Federal acquisition regulation to implement Federal prompt payment provisions.
United States · United States Congress · 20 January 1987
Fair Deposit Availability Act of 1987 - Sets forth depository institution disclosure requirements concerning: (1) the availability for withdrawal of funds deposited by check or similar instrument into a deposit account; and (2) the computation of interest on deposited funds pending the receipt of provisional credit for the check or instrument. Requires the computation of interest on such deposited funds to begin no later than the date the institution receives provisional credit, unless the computation of interest begins at a later date for all deposits, including cash deposits, made to the account. Requires the Federal Reserve Board to promulgate regulations, to become effective within 48 months after enactment of this Act, which will expedite customer access to funds deposited by check either by: (1) improving the check clearing system by expediting the process for returning unpaid items in order to ensure that receiving depository institutions can expect to learn of the nonpayment of any item and provide for the availability of funds deposited by check within four days after such deposit; or (2) limiting the length of time within which funds deposited by check shall be available for withdrawal, with certain exceptions, based upon the number of days necessary to provide provisional credit and considering such factors as the type of instrument, type of institution, and geographic location. Sets forth circumstances under which such regulations shall not apply. Permits the Board to suspend the applicability of such regulations to any class of checks if necessary to diminish an unacceptable level of losses due to check-related fraud. Requires depositors to receive notice of when funds will be available for withdrawal whenever exceptions to such regulations are invoked. Requires the Board to establish an Expedited Funds Availability Council to advise and consult with the Board in the exercise of its functions under this Act. Requires the Board to promulgate regulations, to become effective within 48 months after enactment of this Act, which require that funds deposited by check shall be available for withdrawal on the date the depository institution receives provisional credit where that check is: (1) endorsed only by the payee; and (2) drawn on the U.S. Treasury or the treasury of any State or local government located in the same State as the receiving depository institution. Sets forth provisions governing the administrative enforcement of this Act and the civil liability of institutions that fail to comply with this Act. Provides that State regulations that require funds deposited at State-chartered institutions to be available for withdrawal in a shorter period of time than required pursuant to this Act shall supersede this Act and shall apply to all federally insured depository institutions located in such State. Requires the Board to conduct a study and submit findings to the Congress on: (1) the effect of changes in fund availability and check clearing made by this Act; (2) the advisability of further changes; (3) an assessment of possible improvements in the check collection system; (4) an assessment of the use of electronics in payments; and (5) the need for improvements in the payments system. Amends the Federal Reserve Act to authorize all depository institutions to receive for deposit any evidences of transaction accounts from other institutions or from any office of any Federal Reserve bank without regard to any Federal or State law restricting the number or the physical location of such institutions.
United States · United States Congress · 20 January 1987
Amends the Internal Revenue Code to allow homeowners to deduct the full amount of prepaid interest in connection with the refinancing of their principal residences for the taxable year in which paid.
United States · United States Congress · 20 January 1987
Designates the month of March 1987 as Women's History Month.
United States · United States Congress · 16 January 1987
Acid Deposition Control Act of 1987 - Amends the Clean Air Act to establish an interstate transport and acid precursor reduction program. Requires by 1996 a reduction below 1980 levels in annual emissions of sulfur dioxide of 12,000,000 tons and of oxides of nitrogen of 4,000,000 tons. Requires each State to achieve by 1996 an annual Statewide average emissions rate of 0.9 pounds per million British thermal units (Btus) for sulfur dioxide and 0.6 pounds per million Btu's for oxides of nitrogen for all major stationary sources in operation in 1980. Requires each State to adopt, within two years, enforceable measures for reductions from these and other stationary sources sufficient to meet its share of the overall required national reduction. Requires the Administrator of the Environmental Protection Agency (EPA) to approve such measures if certain conditions are met. Requires owners and operators of stationary sources to certify to the State within three years the chosen means of compliance. Requires noncertified sources and sources using fuel substitution to be in compliance within five years. Requires certified sources to enter into binding contracts within five years for the installation and implementation of energy conservation measures. Requires all covered stationary sources to be in compliance by 1996. Prohibits the increase of emissions from a source unless a simultaneous net reduction in emissions in excess of the increase is occurring. Establishes a 0.9 pounds per million Btus emissions rate for sulfur dioxide for fossil fuel fired steam generating units which are major stationary sources of emissions in a State without enforceable measures. Requires compliance for all covered units by 1996. Permits the use of the following measures to reduce emissions in addition to enforceable continuous emission reduction measures if such measures are enforceable by entities and persons other than the State in which the emissions occur: (1) programs in energy conservation where emission reductions can be identified with such programs; (2) least emissions dispatch to meet electric generating demand at existing generating capacity; (3) retirement of major stationary sources at an earlier than provided for date; (4) trading of emission reduction requirements and actual reductions through emission reduction banks or brokerage institutions; and (5) precombustion cleaning of fuels. Makes it a priority to achieve emissions reductions through conservation of electricity. Permits emissions reductions achieved by this means to substitute for emissions reductions attributable to required emissions rate limitations. Requires State implementation plans to prohibit stationary sources from emitting any air pollutant which would contribute to atmospheric loadings of pollutants or their transformation products which might be adverse to public health or the environment. Requires primary nonferrous smelters to be in compliance with applicable emission limitations or standards by 1988, terminating previous exceptions (orders). Establishes emissions of oxides of nitrogen standards for light-duty vehicles, trucks, and engines for model years 1990 and after and for heavy-duty vehicles and engines for model years 1991 and after. Increases the required useful life of emissions control components. Requires at least 90 percent of any new vehicle or engine tested to comply with emissions control requirements to retain a certificate of conformity. Requires vehicle emission control inspection and maintenance programs to test or inspect components of vehicle emissions control systems and to replace inoperative parts. Prohibits the sale of diesel fuel with sulfur content above a specified level after July 1, 1988. Requires the President, by 1988, to institute negotiations with Canada and Mexico to cooperate in reducing air pollution. Directs the President to negotiate treaties or other international agreements to apply uniform standards of performance for the control of air pollutant emissions. Requires the President to seek comparable reductions in sulfur dioxide emissions from Canada. Requires the Secretary of State to give special emphasis to ensuring that the Nacozari smelter in Mexico meets pollution control standards under the Clean Air Act when negotiating with Mexico an Annex concerning transboundary air pollution to the 1983 Border Environmental Agreement. Requires such Annex to address pollution control and monitoring at other smelters within the United States and Mexico. Requires the EPA to perform atmospheric field experiments to determine the effects of pollution controls on the Nacozari smelter. Directs the Secretary of the Treasury to study and report on a system of tariffs on emissions adequate to encourage emissions reductions of precursors of acid deposition and other environmental pollution.
United States · United States Congress · 16 January 1987
Acid Deposition and Sulfur Emissions Reduction Act- Amends the Clean Air Act to designate an acid deposition impact region comprising a long-range transport corridor of 31 States and the District of Columbia. Requires States from such region to develop and submit to the Administrator of the Environmental Protection Agency (EPA) an emissions limitation compliance schedule for sulfur dioxide from fossil fuel fired electric utility steam generating units, other units, and total units. Requires a two-phase reduction in such emissions, the first to be achieved by 1993, the second by the end of 1997. Requires each State to develop and submit to the Administrator a plan to achieve nitrogen oxides emissions reductions from fossil fuel fired steam generating units by the end of 1997. Directs the Acid Precipitation Task Force to implement an accelerated research program during the first stage to examine the pattern of effects of atmospheric loading of pollutants such as sulfur and nitrogen oxides. Requires the Administrator to study air pollution problems associated with the long-range transport of pollutants in nonregion States. Authorizes appropriations for FY 1988 through 1991. Requires the Administrator to evaluate such results until no later than July 1, 1992. Authorizes appropriations for such evaluations for FY 1991 and 1992. Authorizes the Administrator to recommend changes in the requirements of the second stage based upon the first stage research evaluations. Requires the Administrator to report to the Congress on proposed changes by July 1, 1992, and requires such changes to increase protection of sensitive areas and mitigation of identified damage. Permits two or more States to reallot their shares among themselves so long as the total required reduction is achieved. Requires each State to adopt enforceable reduction measures for phase II requirements by a specified date, submitting them to the Administrator for approval and to other States for comment. Imposes civil penalties for violations of State requirements. Requires a major stationary source in a State without an approved reduction plan to comply with an established schedule. Requires the owner of such a facility to submit for the Administrator's approval an emissions reduction plan to meet such schedule. Permits the use of the following measures to reduce emissions in addition to enforceable continuous emission reduction measures if such measures are enforceable by entities and persons other than the State in which the emissions occur: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) retirement of major stationary sources at an earlier than provided for date; (3) investments in energy conservation where emission reductions can be identified with such investments; (4) precombustion cleaning of fuels; (5) fuel substitution; and (6) trading of emission reduction requirements and actual reductions through emission reduction banks or brokerage institutions. Requires specified primary nonferrous smelters to be in compliance with the applicable emission limitation or standard for sulfur oxides by January 2, 1988. Requires the Secretary of State to give special emphasis to ensuring that the Nacozari smelter in Mexico meets pollution control standards under the Clean Air Act when negotiating with Mexico an Annex concerning transboundary air pollution to the 1983 Border Environmental Agreement. Requires such Annex to address pollution control and monitoring at other smelters within the United States and Mexico. Requires the Secretary and the Administrator to report to the Congress within six months after enactment of this Act on the implementation of such negotiation. Requires the EPA to perform atmospheric field experiments to determine the effects of pollution controls on the Nacozari smelter. Directs the Secretary to utilize an international agency to study and report on transboundary air pollution from copper smelters in the United States and Mexico. Sets oxides of nitrogen emissions standards for motor vehicles for model years 1989 and after (1990 and after for passenger cars).
United States · United States Congress · 16 January 1987
Allows the display of the National League of Families POW/MIA flag in the Capitol Rotunda until a satisfactory accounting of all Vietnam POW/MIAs has taken place.
United States · United States Congress · 16 January 1987
Declares that the Congress: (1) protests the continued human rights repression in the Soviet Union, especially the new emigration regulations, despite Soviet attempts to be in compliance with the Helsinki Final Act and other international human rights agreements; (2) views such abuses as an impediment to bilateral relations between the United States and the Soviet Union; (3) calls upon Soviet authorities to release specified individuals and to allow their emigration; and (4) dedicates itself as a priority in the 100th Congress to support the restoration of human rights to all Soviet citizens, especially the Soviet Jews' right to emigrate.
United States · United States Congress · 14 January 1987
Hearing Aid Compatibility Act of 1987 - Requires that all telephones sold, rented, or otherwise distributed in the United States be hearing aid compatible, except telephones that are manufactured before the effective date of this Act or that are not required to be registered with the Federal Communications Commission.
United States · United States Congress · 14 January 1987
Authorizes and requests the President to designate June 1 through June 7, 1987, as National Fishing Week.
United States · United States Congress · 14 January 1987
Designates March 20, 1987, as National Energy Education Day.
United States · United States Congress · 6 January 1987
Tender Offer Reform Act of 1987 - Amends the Securities Exchange Act of 1934 to require any person whose acquisition results in ownership of more than five percent of an issuer's equity securities to: (1) cease acquiring additional shares of such class of securities for two business days (unless a shorter period or an exemption is authorized by the Securities and Exchange Commission); and (2) make a public announcement of such acquisition and send specified information to the issuer, the appropriate exchange, and the Commission within 24 hours. Requires any person making a tender offer to provide the target security holders a summary disclosure of: (1) the identity and background of such person and participating associates; (2) the value of the offer; (3) the amount of such securities owned by such person; (4) the source and amount of funding for the acquisition; (5) the purpose of the acquisition; and (6) plans concerning the future operations or structure of the issuer. Requires such person to make a public announcement of any change in such information before the offer expires. Requires any person making a tender offer for: (1) all outstanding shares of a class of voting securities, to hold such offer open for 30 calendar days; and (2) less than all outstanding shares, to hold such offer open for 40 calendar days. Requires any person making a subsequent tender offer for: (1) all outstanding shares, to hold such offer open for 20 days and at least 30 days after the initial offer; and (2) less than all outstanding shares, to hold the offer open for 30 days and at least 40 days after the initial offer. Prohibits an issuer of securities, during a tender offer for such securities from other than the issuer, from entering into or amending an agreement in order to provide other than a routine increase in the current or future compensation of any officer or director. Prohibits an issuer from purchasing any of its securities at a price above the average market price during the 30 preceding trading days from any person who holds more than five percent of the class of securities to be purchased and who has held such securities for less than six months, unless: (1) such purchase has been approved by a majority of the aggregate voting securities of the issuer; or (2) the issuer makes an offer of equal value to all holders of securities of that class. Permits the Commission to provide exemptions from such prohibitions. Prohibits any person, beginning on the date such person first acquires 20 percent of a class of certain equity securities, from acquiring more than two percent of the outstanding shares of such class of securities during any succeeding 12-month period except by tender offer, unless such acquisition is: (1) involuntary; (2) pursuant to a statutory merger or consolidation; or (3) exempted by the Commission. Declares that none of the amendments made by this Act shall be construed to limit or condition the authority of the Commission, in the public interest or for the protection of investors, to supplement the proration, withdrawal, and minimum offering periods applicable to a tender offer. Requires the Comptroller General to study and report to the Congress on the issuance of and investment in high yield, noninvestment grade bonds during the five years preceding the enactment date of this Act.
United States · United States Congress · 6 January 1987
Credit Cardholder Protection Act - Amends the Truth in Lending Act to establish a ceiling on credit card interest rates. Requires credit card issuers to disclose on the initial application for a credit card: (1) the annual interest rate or the means for determining such rate; and (2) any annual or other fees. Amends the Equal Credit Opportunity Act to require the Consumer Advisory Council to transmit an annual report to the Congress describing: (1) the costs and risks involved in issuing credit cards; (2) the percentage of credit card holders that have their cards revoked; (3) revenues derived from interest rates, annual fees, and application fees; and (4) the impact of this Act.
United States · United States Congress · 6 January 1987
Credit Card Disclosure Act of 1987 - Amends the Truth in Lending Act to require that credit card issuers disclose certain information regarding interest rates and fees on applications. Requires credit card issuers to submit such information quarterly to the Board of Governors of the Federal Reserve System.
United States · United States Congress · 6 January 1987
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken and the victim died as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person under the age of 18 may be sentenced to death. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) "murder for hire"; (5) murder in the aid of a racketeering activity; and (6) engaging in a criminal enterprise activity which results in death. Eliminates the death penalty for the crime of rape.
United States · United States Congress · 6 January 1987
Reform of Federal Intervention in State Proceedings Act of 1987 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 6 January 1987
Amends the Federal law concerning military uniforms to authorize the wearing of an item of religious apparel as part of the military uniform if: (1) the item is part of the religious faith of the member; and (2) it is neat, conservative, and unobtrusive. Authorizes the Secretary of the military department concerned to prohibit the wearing of an item of religious apparel if it is found to significantly interfere with the performance of duty.
United States · United States Congress · 6 January 1987
Federal Mass Transit Improvement Act of 1987 - Amends the Urban Mass Transportation Act of 1964 to authorize the Secretary of Transportation (the Secretary) to issue multi-year project obligations to States and public agencies for urban mass transportation projects. Requires the Secretary to notify certain congressional committees at least 30 days prior to issuing such advance obligations. Prohibits such multi-year obligations from exceeding any limitation specified in an appropriations Act. Prescribes guidelines for such obligations. Authorizes the Secretary to make specified grants out of a new balanced investment fund to States and local public bodies for FY 1987 through 1990 for buses and vans. Sets guidelines for the allocation of such funds for urban and rural areas of specified population size. Prohibits such funds from being made available for rail modernization or extension or construction of new rail systems. Prohibits grants or loans for any fixed guideway system construction or extension unless the Secretary has first ensured that the applicant has prepared an evaluation of the proposed project which includes certain cost effectiveness and economic development information. Authorizes appropriations for FY 1987 through 1990 for transportation projects substituted for withdrawn Interstate segments. Sets a ceiling upon FY 1987 through 1990 appropriations for grants made to States and local agencies for innovative methods in the management and operation of public transportation services. Makes grants for construction projects also available to finance cost-effective leasing projects. Expands the definition of "associated capital items," and reduces the measure of current fair market value of rolling stock from one percent to one-half of one percent. Allows a recipient to retain for specified projects: (1) the net income received from airspace or adjacent property acquired as a result of a federally funded project; or (2) the income derived from the disposal of fungible items which have been fully depreciated. Amends the Urban Mass Transportation Act of 1964 to authorize certain newly urbanized areas to use from their annual apportionments the same amount of funds for operating assistance in FY 1987 through 1990, as was available to them during FY 1985. Provides that no funds apportioned to urbanized areas with populations of less than 200,000 may be used to pay the expenses of any State's management or administration of grant programs for such areas, except in the case of a statewide or regional agency or instrumentality responsible for financing, construction, and operation of public transportation services. Allows a State Governor to make block grant funds transfers between projects in any urbanized area of the State regardless of size: (1) only after approval by local elected officials and publicly owned operators of mass transportation services in each area to which the funding was originally apportioned; or (2) if funding is within 90 days of lapsing and no approvable grant applications are pending. Requires block grants to be apportioned within ten days after appropriation. Requires the Secretary to publish such apportionments on the apportionment date. Requires the Secretary to prepare and submit to specified congressional committees an annual rulemaking agenda. Requires opportunity to be given for public comment on proposed rules, except in the case of emergency rules or rules of routine nature or insignificant impact. Expands the definition of "construction" to include any bus remanufacturing project which extends the economic life of a bus eight years or more, and any project for the overhaul of rolling stock. Sets deadlines by which the Secretary must certify the sampling techniques: (1) used by persons seeking grants; and (2) of newly urbanized areas. States that the receipt of Federal transit aid under this Act does not authorize the Secretary to: (1) regulate or prescribe the mode of operation of any mass transportation system, the choice of mass transportation service provider, or the level of service; or (2) condition the approval of such aid upon either the means by which providers of mass transit services or functions are selected, or the extent of service or functions to be carried out by various private mass transportation service providers. Declares that this Act does not limit the ability of Federal transit aid recipients to determine the extent and amount of mass transit service or functions to be carried out by private enterprise. Authorizes the Secretary to use specified amounts to finance grants for the development, implementation, and evaluation of innovative techniques for private sector involvement in all aspects of public mass transit operations. Requires the Secretary to report annually to certain congressional committees regarding the results of such projects. Authorizes appropriations for FY 1987 through 1990. Sets allocation guidelines for such funds, including allocations for university transportation centers. Requires as a condition of Federal financial assistance for a major capital project under this Act (or the National Capital Transportation Act of 1969) that the financial aid recipient prepare and implement a project management plan which meets specified criteria. Authorizes the Secretary to make grants to public mass transit systems for crime prevention and security. Directs the Secretary to make grants to nonprofit institutions of higher learning to establish and operate one regional transportation center in each of the ten Federal regions which comprise the Standard Federal Regional Boundary System. Directs the Secretary to establish in the Department of Transportation a national advisory council to: (1) coordinate the research and training to be carried out by grant recipients; (2) act as a clearinghouse between such centers and the transportation industry; and (3) review and evaluate programs carried out by such centers.
United States · United States Congress · 6 January 1987
Housing and Community Development Act of 1987 - Title I: Community Development - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to provide grants to nonprofit organizations to carry out a Nehemiah housing opportunity program to provide loans to families purchasing approved constructed or rehabilitated homes. Requires an annual report to the Congress. Requires that each loan: (1) be secured by a second mortgage held by the Secretary; (2) not exceed $15,000; (3) be interest-free; and (4) be repayable to the Secretary upon the transfer of such property to an ineligible family under specified circumstances. Sets forth related program requirements, conditions of assistance, and selection criteria. Establishes in the Treasury the Nehemiah Housing Opportunity Fund. Authorizes appropriations as provided by a FY 1986 appropriation Act. Provides a "permanent entitlement" transition for community development block grants of four years for any city that no longer qualifies as a metropolitan city. Extends the Urban Development Action Grants program through FY 1989 and makes administrative revisions to such program. Includes within such program specified counties in Hawaii for employment-based projects. Title II: Mortgage Credit and Miscellaneous Provisions - Amends the National Housing Act to increase mortgage limits for multifamily projects in high cost areas. Amends the Federal National Mortgage Association Charter Act to extend the Government National Mortgage Association mortgage-backed securities program through FY 1987. Prohibits the imposition of fees on Federal National Mortgage Association and Federal Home Loan Mortgage Corporation transactions. Limits fees on Government National Mortgage Association transactions. Extends provisions of the Home Mortgage Disclosure Act of 1975 through FY 1989. Amends the Federal National Mortgage Association Charter Act to make permanent the authorities of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to purchase one-to-four family residential mortgages. Title III: Homeless Assistance - Part 1: Emergency Food and Shelter Program - Requires the Director of the Federal Emergency Management Agency to constitute an emergency housing and food program national board to carry out an emergency housing and food program. States that such board shall distribute program funds to localities (which shall constitute local boards) with the greatest need for emergency food and housing assistance. Requires the local board to submit to the national board an annual local homeless housing assistance plan. Limits administrative costs to not more than three percent of appropriations. Authorizes FY 1987 through 1989 appropriations. Directs the Commodity Credit Corporation to coordinate its surplus commodities distribution with such board. Part 2: Transition to Independence Demonstration Project - Directs the Secretary to make grants for demonstration projects to assist the homeless in the transition to independent living. Requires interim and final reports to the Congress. Authorizes FY 1987 through 1989 appropriations.
United States · United States Congress · 6 January 1987
Amends the Securities Exchange Act of 1934 to prohibit any person from trading securities based on material, nonpublic information obtained as an insider, from an insider, fiduciary, or tippee thereof, or through misappropriation. Prohibits any insider, fiduciary, or tippee from communicating such information, knowing that it is likely to be used for trading purposes, except pursuant to obligations to the issuer or regulatory requirements. Sets forth affirmative defenses to liability for a violation of such prohibitions. Provides that a person who controlled a violator shall be liable to the same extent as the violator, unless: (1) such person proves that he or she reasonably did not know that the controlled person traded on the basis of, or tipped, material, nonpublic information; or (2) such person established and complied with procedures reasonably expected to prevent and detect such a violation without finding reasonable cause to believe a violation had occurred. Requires proof of liability under this Act by a preponderance of the evidence. Provides that a buyer or seller who violates this Act shall be liable: (1) for specific rescission or damages (as prescribed by this Act) to his seller or buyer where buyers and sellers can be matched; or (2) for damages to a person who buys or sells between the first day the defendant unlawfully trades and the day all material facts become public where the buyers and sellers cannot be matched. Permits the court to assess reasonable costs against any party upon finding that a private action under this Act or defenses are frivolous, vexatious, or brought or advanced in bad faith. Authorizes the Federal Trade Commission to: (1) commence an action in a U.S. District Court to seek a civil penalty (not exceeding three times the profit gained or loss avoided) against any person who has violated this Act in a transaction that is not part of a public offering by an issuer of securities other than standardized options; (2) refer the matter to the Attorney General for enforcement; and (3) provide an exemption from these provisions for any class of persons or transactions. Establishes a five-year statute of limitations for violations of this Act. Prohibits maintenance of an action based on the use of a manipulative or deceptive device in the purchase or sale of a security under this Act, unless the defendant acts with an intent to deceive, manipulate, or defraud.
United States · United States Congress · 6 January 1987
National Child Protection Act - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add provisions for licensing and information with respect to providers of child day care services. Requires, as a condition for receiving any funds under title XX, that a State have a program in effect which meets specified requirements. Requires the State to require the licensing and monitoring of all providers of child day care services in accordance with standards established by the Secretary of Health and Human Services. Requires the State to provide information to the Secretary with respect to: (1) all individuals providing child day care services or employed by providers of child day care services; and (2) all individuals convicted of child abuse, child molesting, or similar crimes. Requires the State to have in effect a toll-free telephone hotline for the reporting of any allegations of child abuse, child molestation, or similar acts committed by any individual providing child day care services or by any employee of a provider of child day care services. Directs the Secretary to establish standards and guidelines for State licensing and monitoring of providers of child day care services. Requires that such standards and guidelines: (1) assure the children's safety, health, and developmental potential and promote their social, emotional, physical, and cognitive growth; and (2) assure that only adequately trained individuals provide such services. Directs the Secretary to determine a uniform definition of "child day care services" and of "provider of child day care services" to apply for purposes of this Act and to assure that the maximum feasible number of children shall be protected under this Act. Directs the Secretary to establish a national file of the names, addresses, and social security numbers of all individuals convicted of crimes involving child abuse, child molestation, or such similar acts which the Secretary determines ought to be included in such file to protect children receiving child day care services. Requires each State to report to the Secretary such information on any individual convicted in that State of such acts which the Secretary has determined ought to be included in the national file. Directs the Secretary to establish a uniform reporting system which shall apply to all States for such purpose. Requires each State to prohibit any individual or provider from being licensed to provide child day care services in such State if such individual, or any employee of such provider, has been convicted of a crime which has been reported by any State to the Secretary and is contained in the national file. Requires each State, prior to granting such a license, to request the Secretary to check the names of each individual seeking a license to provide child day care services, and each employee of a provider seeking such a license, against the list of names contained in the national file. Requires each State to establish a toll-free telephone hotline for the reporting of any allegations of child abuse, child molestation, or any similar act designated by the Secretary for inclusion in the national file, committed by an individual providing child day care services, or by an employee of a provider of such services. Requires the State to provide follow-up investigation of each such allegation in accordance with standards established by the Secretary under regulations. Establishes an Advisory Panel on Child Protection to advise the Secretary on the standards and guidelines issued under this Act and to recommend appropriate changes in such standards and guidelines. Sets forth provisions relating to Panel membership and assistance. Directs the Secretary to promulgate all regulations required under this Act within 90 days after the enactment of this Act. Makes the requirements of this Act applicable to States beginning 180 days after the enactment of this Act.
United States · United States Congress · 6 January 1987
Amends the Securities Exchange Act of 1934 to prohibit any person from trading in securities on the basis of material, nonpublic information or from selectively disclosing such information in a manner likely to lead to trading. Establishes the liability of a person who violates such prohibition based on: (1) a preponderance of the evidence that such person knew, or was reckless in not knowing, that the information was material and nonpublic and that its disclosure was likely to lead to trading; or (2) proof by the plaintiff that such person knew, or was reckless in not knowing, that the information was provided or obtained through a breach of a contractual, fiduciary, or other legal duty or that such person used the information in a knowing breach of such a duty. Establishes equal liability for any entity who controlled such person, unless: (1) such entity proves that it reasonably did not know that such person traded on the basis of, or tipped, material, nonpublic information; or (2) such entity established and complied with procedures reasonably expected to prevent and detect such a violation without finding reasonable cause to believe a violation had occurred.
United States · United States Congress · 6 January 1987
Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article was in compliance at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Provides that such principles are based on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland. Requires that any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed shall take the necessary steps to insure implementation of such employment principles and compliance with this Act. Requires each such U.S. person to report to the Secretary of Commerce on compliance with this Act. Sets forth the fair employment principles. Authorizes the President to waive the requirements of this Act in the interest of national security. Requires such waiver to become effective 90 days after the President submits a justification of such waiver to the Congress unless the Congress adopts a joint resolution disapproving the waiver. Provides for expedited consideration of such resolution.
United States · United States Congress · 6 January 1987
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the benefit levels of individuals becoming eligible for benefits in or after 1979 so that they are equal to the benefit levels of individuals who became eligible for benefits before 1979.
United States · United States Congress · 6 January 1987
Employee Educational Assistance Act of 1987 - Amends the Internal Revenue Code to make permanent the income tax exclusion for employee educational assistance programs. (Present law terminates such exclusion as of December 31, 1987.)
United States · United States Congress · 6 January 1987
Grants a Federal charter to the National Academies of Practice, honoring persons of the health care professions.
United States · United States Congress · 6 January 1987
New GI Bill Continuation Act - Extends indefinitely (currently ends on June 30, 1988) the required date of entry into the armed forces for eligibility for basic educational assistance entitlement for veterans (both of active and Selected Reserve duty) of the All-Volunteer Force.
United States · United States Congress · 6 January 1987
National Appliance Energy Conservation Act of 1987 - Amends the Energy Policy and Conservation Act to add to the list of products covered under the Act: (1) freezers which can be operated by alternating current electricity (with specified exceptions); (2) central air conditioning heat pumps; (3) direct heating equipment; and (4) pool heaters. Deletes from specific coverage: (1) humidifiers; and (2) dehumidifiers. Excludes from such coverage consumer products designed solely for use in recreational vehicles and other mobile equipment. Authorizes the Secretary of Energy to amend Federal energy efficiency test procedures for appliances under specified guidelines. Prohibits manufacturers from making any representations regarding the energy efficiency of appliances covered by this Act unless such appliances have been tested in accordance with the Federal test procedures, and the manufacturer's representations fairly disclose the results of such testing. Sets forth specific Federal energy conservation standards for products covered by this Act and manufactured after certain dates. Establishes deadlines by which the Secretary must issue rules regarding such standards. Details the criteria to be applied if such standards are revised. Revises the information requirements with which manufacturers must comply to provide that the Secretary shall exercise authority in a manner designed to minimize unnecessary burdens on manufacturers of covered products. Revises the rules under which State regulations are superseded by the Federal regulations for testing and labeling requirements and energy conservation standards. Permits the waiver of Federal preemption if the Secretary finds that such waiver is needed to meet compelling and unusual local energy conditions. Prescribes procedural guidelines for such a waiver. Details conditions under which State and local building code requirements regarding energy conservation standards are not superseded by the standards promulgated under this Act. Permits the commencement of a citizen's suit against the Secretary for failure to comply with a nondiscretionary duty to issue rules according to prescribed schedules. Directs the courts to expedite the disposition of such suits. Vests jurisdiction in the Federal district courts over actions brought by any adversely affected person to determine whether a State or local government is complying with the requirements of this Act. Declares that the required submission by the Secretary of an annual report regarding Federal energy efficiency standards does not constitute a defense or justification for a failure by the Secretary to comply with the nondiscretionary duty provided for in this Act.
United States · United States Congress · 6 January 1987
Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty where, as a result of a continuing criminal enterprise, an individual (other than a participant in such conduct) dies. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors to be considered by the jury or the court: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.