United States · United States Congress · 10 March 1987
Designates September 17, 1987, as Constitution Day. Treats September 17, 1987, as a legal public holiday for purposes of: (1) any statute relating to pay or leave for Federal employees; (2) display of the flag; and (3) computing time periods under the Federal Contested Election Act. Makes Constitution Day (September 17 of each year) a legal public holiday. Ends the recognition of Constitution Day as a legal holiday for purposes of statutes relating to pay and leave for the years after 1987.
United States · United States Congress · 10 March 1987
Authorizes and requests the President to issue a proclamation calling upon the people of the United States to observe the bicentennial of the Northwest Ordinance of 1787.
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.
United States · United States Congress · 6 March 1987
Medicare and Medicaid Patient and Program Protection Act of 1987 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to exclude from participation in programs under title XVIII (Medicare) and to require the prohibition from participation in any State health care program of any individual or entity: (1) convicted of a criminal offense related to the delivery of an item or service under title XVIII or under titles XIX (Medicaid), V (Maternal and Child Health Block Grant), or XX (Block Grants to States for Social Services); or (2) convicted of a criminal offense related to neglect or abuse of patients in connection with the delivery of a health care item or service. Authorizes the Secretary to exclude from Medicare participation and to require the prohibition from participation in any State health care program of any individual or entity: (1) convicted of fraud with respect to any Federal, State, or locally financed health care program; (2) convicted of interfering with the investigation of health care fraud or patient abuse; (3) convicted of a felony for manufacturing, distributing, or dispensing a controlled substance; (4) whose health care license has been suspended or revoked; (5) suspended or excluded from participation in a Federal health care program; (6) claiming excessive charges or providing unnecessary services; (7) committing certain acts prohibited under title XI; (8) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare or a State health care program; (9) failing to supply certain information; and (10) defaulting on health education loans or scholarship obligations made or secured by the Secretary. Authorizes the Secretary to exclude any hospital failing to comply with corrective action required under title XVIII. Sets forth provisions relating to notice requirements, judicial review, and period of exclusion. Directs the Secretary to promptly notify each appropriate State agency administering or supervising the administration of a State health care program of each exclusion and the period of exclusion. Permits an excluded individual or entity to apply, following a period of exclusion, to the Secretary for reinstatement. Sets forth provisions providing for civil and criminal penalties for acts involving Medicare or State health care programs abuse, including penalties for physician misrepresentations. Requires a State, as a condition of Medicaid plan approval, to provide for the following: (1) a system of reporting any type of adverse action concluded against any health care practitioner or entity by the State or a local licensing authority; and (2) such access to documents as may be necessary by the Secretary. Requires the Secretary to provide suitable safeguards for the confidentiality of such information. Requires any health care provider providing health care services for which payment may be made under the Act to assure that services or items furnished will be: (1) provided economically and only when, and to the extent, medically necessary; (2) quality services which meet professionally recognized standards of health care; and (3) supported by evidence of medical necessity and quality in such form and fashion and at such time as may reasonably be required by a reviewing peer review organization in the exercise of its duties and responsibilities. Permits a State to exclude from Medicaid participation any individual or entity excluded under Medicare pursuant to the patient and program protection provisions. Requires a State in order to receive Federal payments with respect to a health maintenance organization (HMO) to exclude any HMO that: (1) could be excluded because of the conviction of the owners or managers of certain crimes; or (2) contracts with any individual or entity convicted of such crimes. Prohibits Federal payments with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from Medicaid participation because of the patient and program protection provisions. Prohibits a State under title V from making payments with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from participation pursuant to the patient and program protection provisions of title XI. Prohibits Federal payments with respect to any amount expended for items or services furnished by or at the direction of any individual or entity excluded from Medicare because of the patient and program protection provisions of title XI. Prohibits using a grant under title XX for payment for any item or service furnished by or at the direction of a person excluded from title XX participation because of the patient and program protection provisions of title XI. Revises disclosure requirements under part A of title XI. Revises Medicare provisions concerning agreements with providers. Modifies the Medicaid moratorium provisions of the Deficit Reduction Act of 1984 to consider a State's Medicaid plan to include any plan change and any policy or guideline delineated in the State Medicaid operation or program manuals submitted to the Secretary either before or after the enactment of that Act and whether or not approved or disapproved by the Secretary. Requires the Secretary to restore, for the duration of the moratorium, the policy in effect at the beginning of the moratorium regarding the period when homeownership by an institutionalized individual is permitted and the time permitted for the sale of a home. Amends the Medicare program to provide payment to beneficiaries for services rendered by an individual or entity which has been excluded from Medicare participation if such beneficiary did not know or have reason to know of the exclusion. Revises the definition under title XI of a "person with an ownership or control interest" in a provider of services under title V, XVIII, or XIX to limit reporting on ownership interests to those interests at or exceeding five percent of the entity's assets. Authorizes the Secretary to impose an intermediate sanction on a renal disease facility whose noncompliance with regulations the Secretary prescribes does not immediately jeopardize patient health and safety by denying it Medicare payments for services it provides after receiving notice of the sanction and before correcting its deficiencies. Provides that individuals who knowingly and willfully (currently, the intent must be knowing or willful) make a false statement or misrepresent a material fact in the sale of Medicare supplemental health insurance shall be guilty of a felony. Directs the Secretary to promulgate final regulations within two years of enactment of this Act specifying payment practices which shall not be considered as violations of the Social Security Act's anti-kickback provisions. Sets forth effective date provisions.
United States · United States Congress · 6 March 1987
Amends the Agricultural Act of 1949 to limit annual imports of milk protein products (casein) to 50 percent of the average annual amount imported during the period 1981 through 1985. Directs the Secretary of Agriculture to establish a preferential import licensing system for such products based on the availability of domestic substitutes.
United States · United States Congress · 6 March 1987
Amends the Internal Revenue Code to make permanent the targeted jobs income tax credit. (Present law terminates such credit for employees who begin work after December 31, 1988.) Makes permanent the authorization of appropriations with respect to the certification requirements of such tax credit.
United States · United States Congress · 6 March 1987
Amends the Tariff Schedules of the United States to extend, through December 31, 1992, the suspension of duty on certain wools (including wool not finer than 46s).
United States · United States Congress · 6 March 1987
Targeted Fiscal Assistance Act of 1987 - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to repeal provisions that terminated the general revenue sharing program. Restores program provisions as they existed before enactment of such Act. Replaces the general revenue sharing program with the Targeted Fiscal Assistance (TFA) program. Authorizes appropriations for TFA for FY 1988 through 1990. Provides for special allocations of TFA funds for Indian tribes, Alaskan native villages, and the District of Columbia. Directs the Secretary of the Treasury to allocate TFA funds to each State (for subsequent allocation to local governments) according to a specified formula based on the need factor, the general tax effort factor, and the relative fiscal gap factor, as defined in this Act, for each State. Entitles local governments to a portion of such State funds according to a specified formula based on the following factors, as defined in this Act, for each unit of local government relative to all units in such State: (1) the unit's population; (2) the unit's general tax effort factor; and (3) the unit's population. Eliminates provisions allowing State variation of local government allocations. Revises procedures for determining maximum and minimum limitations on local government entitlements.
United States · United States Congress · 6 March 1987
Expresses the sense of the Congress that the President should direct: (1) the Secretary of Commerce to initiate a Countervailing Duty Investigation under the Tariff Act of 1930 of subsidized agricultural imports from Canada which benefit from Canadian price support programs; and/or (2) the U.S. Trade Representative to initiate an investigation under the Trade Act of 1974 to determine whether agriculture programs operated by the Canadian federal and provincial governments constitute an unfair trade practice.
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.)
United States · United States Congress · 3 March 1987
Plastic Pollution Control Act of 1987 - Title I: Plastic Pollution Control Measures - Prohibits the disposal of plastic products into waters under the jurisdiction of the United States, except as necessary for safety, through unavoidable accidents, or pursuant to a permit under the Marine Protection Research Sanctuaries Act or Clean Water Act. Requires the President to ensure the compliance of public vessels with this requirement to the extent practicable. Establishes criminal and civil penalties for violations of this Act, based upon several factors, including the circumstances, extent of the violation, and the resulting economic benefit. Makes all Federal agencies responsible for enforcing this Act. Authorizes citizen suits against violators or public officials for failure to act. Directs the Administrator of the Environmental Protection Agency to study methods to reduce or eliminate the disposal of plastics in U.S. waters, requiring a report to the Congress within six months. Directs the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior to conduct a public outreach program to educate the public about the harms caused by the improper disposal of plastics, including penalties under this Act. Title II: Implementation of Annex V - Directs the Secretary of the department in which the Coast Guard is operating to administer and enforce the International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 (Annex V) which prohibits the disposal of any material from a ship. Title III: Relation to Other Law - States that this Act does not preempt or supersede other Federal or State laws. Title IV: Authorization - Authorizes appropriations.
United States · United States Congress · 3 March 1987
Nuclear Waste Policy Reform Amendments Act of 1987 - Amends the Nuclear Waste Policy Act of 1982 to prohibit the Secretary of Energy from implementing nuclear waste disposal activities with respect to more than one repository. Declares that any such activities commenced (or decisions made by the Secretary) before the date of enactment of this Act shall be rescinded or terminated. Prohibits the Nuclear Regulatory Commission from authorizing the construction of more than one repository under such Act. Provides that if the Secretary does not meet the January 31, 1998, deadline for high-level radioactive waste disposal then the Secretary must cease all repository activities until: (1) the Nuclear Waste Repository Review Commission (established by this Act) submits a certain report to the Congress; and (2) the Congress specifically authorizes the continuation of such repository activities (thus imposing a moratorium on repository development). Removes the deadlines by which the Secretary and the President must submit candidate site nominations for second repository site characterizations. Prohibits the Secretary from nominating or recommending any crystalline rock site for site characterization for a repository. Removes the volume limitation placed upon a first repository. Establishes the Nuclear Waste Repository Review Commission (if a repository moratorium takes effect) to: (1) review scientific data regarding repository suitability; and (2) compare the use of repositories for radioactive waste disposal with alternative technologies for the permanent isolation of such waste. Requires the Review Commission to report to the Congress by a certain date regarding its activities and recommendations. Authorizes appropriations. Terminates such Commission upon submission of its report. Sets deadlines for draft revisions of the Secretary's mission plan under such Act.
United States · United States Congress · 26 February 1987
Small Community Air Service Improvement Act of 1987 - Directs the Secretary of Transportation to enter into contracts with air carriers to assure that air service will be provided to certain small communities for which a determination of essential air transportation has been made under the Federal Aviation Act of 1958. Prescribes guidelines for such contracts. Amends the Federal Aviation Act of 1958 to repeal the requirement that the Civil Aeronautics Board establish, by rulemaking, objective criteria for designating eligible points for air transportation to small communities. Extends from ten years to 12 years the duration of the small community air service program. Declares that this Act ceases to be in effect ten years after the date of enactment.
United States · United States Congress · 26 February 1987
Intergovernmental Regulatory Relief Act of 1987 - Title I: Review of Intergovernmental Regulations - Requires the President, within 30 days after submitting the annual Federal budget, to submit to the Congress a report specifying and evaluating the economic costs, noneconomic costs, and additional direct costs to State and local governments of complying with intergovernmental regulations during the most recently completed fiscal year, the fiscal year in progress, and the next two fiscal years. Defines an "intergovernmental regulation" as a Federal regulation that requires a State or local government to take certain actions or to comply with certain conditions in order to receive Federal assistance. Specifies the required contents of such report, which include: (1) an estimate of the economic and noneconomic benefits that will be provided to each State government and to all local governments in such State as a result of compliance with each such regulation during each fiscal year; and (2) proposals for legislation and administrative actions to change regulations in order to reduce compliance costs or to achieve a more favorable balance between costs incurred and benefits received. Directs the President to consider the potential for reducing State and local compliance costs by promulgating intergovernmental regulations using means such as performance standards, special provisions for small governments, marketable rights, economic incentives, compliance reforms, and simplified procedures to certify the compliance of Federal assistance recipients with Federal requirements. Authorizes the President to delegate the responsibility of preparing such report to the Director of the Office of Management and Budget or the head of any other Federal agency. Directs the responsible official to prescribe standards to be used by agencies in estimating the compliance costs and benefits of intergovernmental regulations. Directs each agency to furnish such official with the information required in such report for the regulations administered by such agency. Title II: Compensation of State and Local Governments for Additional Direct Costs - Prohibits any Federal agency or U.S. court from requiring State or local governments, in any fiscal year, to comply with any intergovernmental regulation which takes effect on or after enactment of this Act and which is promulgated pursuant to a significant law, unless sufficient funds have been provided to reimburse such governments for the total amount of additional direct costs such governments will incur in complying with such regulation in such fiscal year as estimated by the Congressional Budget Office (CBO). Defines a "significant law" as any Federal law which is likely to result in total additional direct costs to all State and local governments of $25,000,000 or more in a fiscal year or to have exceptional fiscal consequences for a geographic region or a particular level of government. Declares that a Federal agency or U.S. court may require such compliance in any fiscal year in which the Congress passes a joint resolution which waives the requirement for reimbursement of direct costs. Requires the Director of the CBO to transmit to the President and the Congress by September 1 of each year a report specifying an estimate of the total amount of additional direct costs that will be incurred in the upcoming fiscal year and next succeeding fiscal year by State and local governments in complying with each intergovernmental regulation promulgated pursuant to a significant law. Directs the chairmen of the congressional committees having jurisdiction over any significant law under which an intergovernmental regulation is promulgated to propose, to a bill providing funds for each fiscal year in which such regulation will be in effect, an amendment to appropriate funds to reimburse State and local governments for the total amount or applicable percentage of additional direct costs they will incur in complying with such regulation. Sets forth the procedures for reimbursements of such additional direct costs by Federal agencies to States and by the States to local governments. Title III: Miscellaneous - Amends the Congressional Budget Act of 1974 to revise the definition of a "significant bill or resolution" by reducing the annual cost to State or local governments likely to result from such a bill or resolution from $200,000,000 to $100,000,000. (The Act requires the CBO to submit to each congressional committee reporting such a bill or resolution an estimate of the cost which would be incurred by State and local governments in complying with such bill or resolution in the fiscal year in which it is to become effective and in each of the four succeeding fiscal years.)
United States · United States Congress · 26 February 1987
Congressional Advisory Panel on Acquired Immune Deficiency Syndrome Act of 1987 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make grants for the development, establishment, and operation of a congressional advisory panel on acquired immune deficiency syndrome (panel). Directs the Secretary to request the Institute of Medicine of the National Academy of Sciences to submit grant applications for the establishment and operation of such panel, with provision for grants to other appropriate nonprofit private entities if the Institute submits no application. Sets a timetable to govern the establishment of the panel. Requires the panel to: (1) advise the Congress and the President concerning acquired immune deficiency syndrome (AIDS); (2) analyze and make recommendations for changing health care services and specified public health activities relating to AIDS; (3) monitor the spread of AIDS among given populations; (4) evaluate certain research activities associated with AIDS; (5) assess various efforts, including coordination of efforts among geographic areas, to provide education and share information about AIDS; (6) study the legal and ethical issues relating to AIDS, including their civil rights implications; (7) examine problems encountered by AIDS victims in the areas of employment, education, housing, and insurance; (8) study the effect of AIDS on the armed services; (9) identify financial resources available to address various components of the AIDS issue; and (10) encourage participation by both public and private entities in efforts to prevent and treat AIDS and to assist AIDS victims. Sets forth qualifying criteria relating to the panel and its activities that must be met by applicants for grants to develop, establish, or operate the panel. Requires that the Secretary submit to the President and to each appropriate congressional committee specified data relating to the panel's activities. Authorizes appropriations for FY 1988 through 1992.
United States · United States Congress · 26 February 1987
Diabetes Foot Disease Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to provide coverage under part B (Supplementary Medical Insurance) of the Medicare program for therapeutic shoes furnished to individuals with severe diabetic foot disease.
United States · United States Congress · 26 February 1987
Medicaid Community Spouse Protection Act of 1987 - Amends title XIX (Medicaid) of the Social Security Act to set special income eligibility standards for institutionalized individuals so as to provide support and maintenance of their noninstitutionalized spouses.
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.
United States · United States Congress · 26 February 1987
Telecommunications Trade Act of 1987 - Title I: Actions to Achieve Competitive Opportunities - Directs the U.S. Trade Representative (USTR), within six months of enactment of this Act, to: (1) identify and analyze all acts, policies, and practices in the markets of foreign countries that deny to U.S. telecommunications firms competitive opportunities that are substantially equivalent to the competitive opportunities available to foreign companies in U.S. markets; and (2) determine which of such acts, policies, or practices denies trade agreement benefits to the United States, is unjustifiable and burdens or restricts U.S. commerce, or otherwise has the effect of nullifying or impairing any benefit to the United States under any agreement or impeding attainment of any objective of any agreement to which the United States is a party. Sets forth factors to be considered in making such analysis and determination. Authorizes the USTR to exclude a country from investigation if the USTR determines that the potential market in such country for U.S. telecommunications products and services is not substantial. Requires the USTR to report to the Congress within six months of enactment of this Act on such analysis and determinations. Directs the President to begin negotiations with those countries which deny U.S. telecommunications firms substantially equivalent competitive opportunities to enter into trade agreements which provide such opportunities to U.S. telecommunications firms. Sets forth the objectives of the negotiations. Directs the President, if unable to enter into such an agreement to take, within two years of enactment of this Act, whatever actions within certain limits are necessary to achieve such objectives. Directs the President to take those actions which most directly affect trade in telecommunications products and services with the country concerned. Sets forth the actions the President is authorized to take in such circumstances. Directs the USTR, if a country does engage in unfair trade practices, to take whatever actions within certain limits are necessary to fully offset such acts, policies, and practices, and to restore the balance of concessions between the United States and such foreign country. Requires the USTR to review annually the extent to which a foreign country's policies meet the negotiating objectives achieved by trade agreements. Directs the USTR to take specified actions if the foreign country is not in compliance with such trade agreement or has adopted an unfair trade act, policy, or practice. Sets forth the actions the USTR is authorized to take. Directs the President and the USTR to consult with the Secretary of Commerce, the Federal Communications Commission, and a specified interagency trade organization to determine appropriate actions against foreign countries. Directs the USTR to provide the opportunity for presentations of views by interested parties for purposes of identifying the objectives of trade negotiations and determining appropriate actions against foreign countries. Directs the President to keep the Congress informed of: (1) the negotiating priorities and objectives for each country involved; (2) the assessment of negotiating prospects; and (3) any U.S. concessions which might be included in negotiations to achieve such objectives. Title II: Trade Agreement Authority - Authorizes the President, during the three years following enactment of this Act, to enter into trade agreements which meet specified objectives with foreign countries which provide for: (1) the harmonization, reduction, or elimination of duties or restrictions, barriers, or other distortions to international trade; or (2) the prohibition of or limitations on the imposition of duties or restrictions, barriers, or other distortions to international trade. Authorizes the President to enter into trade agreements with a foreign country to grant concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions if: (1) the President has taken action because no trade agreement could be reached under this Act; and (2) the USTR is not required to take action against such country under this Act. Title III: Miscellaneous Provisions - Authorizes the importation of a product that is subject to registration or approval by the Federal Communications Commission (FCC) only if: (1) such product conforms with all applicable FCC regulations; and (2) the information which is required on a specified FCC form is provided to the appropriate customs officer at the time of entry into the United States. Directs the FCC, the Secretary of Commerce, and the USTR to provide enforcement assistance to the Secretary of the Treasury upon request. Directs the Secretary of the Treasury to provide the Congress with information on such imports at least twice a year. Amends the Trade Act of 1974 to include within the definition of service sector access authorization any authorization that permits access to the U.S. market to a foreign supplier of goods related to a service. Directs the Secretary of Commerce to report to the Congress at least once every two years on the impact of U.S. domestic policies and practices on the growth and international competitiveness of the U.S. telecommunications industry.
United States · United States Congress · 26 February 1987
Medicare Catastrophic Illness Coverage Act - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to remove durational limitations on the coverage of inpatient hospital services. Provides coverage of post-hospital extended care services for up to 100 days each year. (Currently such services are provided for up to 100 days during a "spell of illness.") Requires a beneficiary to pay a deductible for each of the first two inpatient hospital admissions in a year. (Currently an inpatient hospital deductible is required for each "spell of illness".) Eliminates the coinsurance requirement for inpatient hospital services and outpatient hospital extended care services. Amends part B (Supplementary Medical Insurance) of the Medicare program to cover the amount by which a part B enrollee's out-of-pocket expenses exceed $2,000 in 1988, adjusting such ceiling thereafter to reflect changes in total Medicare per capita expenses. Excludes from the computation of a beneficiary's out-of-pocket expenses amounts above the full part B payment to physicians and others who do not accept assignment. Includes in the computation of the part B premium an amount equal to the Secretary of Health and Human Services' estimate of a part B enrollee's share of the benefits and administrative costs which result from this Act's catastrophic care coverage and beneficiary expense ceiling. Provides for the transfer to the Federal Hospital Insurance Trust Fund of part B premium revenues which are attributable to the catastrophic care coverage this Act establishes under part A of the Medicare program.
United States · United States Congress · 26 February 1987
Establishes September 17 as a legal public holiday called Constitution Day. Excludes Constitution Day from being treated as a legal public holiday for purposes of statutes relating to pay and leave of employees.
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.
United States · United States Congress · 19 February 1987
Retiree Benefits Security Act of 1987 - Amends Federal bankruptcy law to apply provisions governing the rejection of collective bargaining agreements in reorganization cases to collective bargaining agreement provisions relating to benefits for retired employees. Provides that bankruptcy claims for retiree benefits and claims arising under any collective bargaining agreement or rejection thereof shall not be limited to one year's compensation. Designates the labor organization which is the recognized exclusive collective bargaining representative in a collective bargaining agreement as the authorized representative of persons receiving retirement benefits under such agreement in bankruptcy proceedings. Directs the court to appoint a committee of retirees to serve as such representative if the labor organization elects not to serve or if the recipients of retiree benefits are not covered by a collective bargaining agreement. Requires the debtor in possession or trustee in a reorganization case to pay and not modify any retiree benefits under any program established or maintained by the debtor prior to filing a bankruptcy petition. Allows modification of such benefits: (1) by court order; or (2) as agreed to by the trustee and the authorized representative of benefit recipients. Treats such payments as administrative expenses. Permits the court to order a modification in retiree benefit payments only if: (1) with respect to benefits covered by a collective bargaining agreement, such agreement is rejected in bankruptcy; and (2) with respect to benefits whether covered or not, the court finds that modifications are necessary to permit the reorganization of the debtor and to assure that all creditors, the debtor, and all affected parties are treated fairly and equitably and that the balance of equities clearly favors the modification sought by the trustee. Permits the court, before issuing a final order, to authorize the trustee to implement interim changes in benefits not provided by a collective bargaining agreement, if essential to the continuation of the debtor's business, or in order to avoid irreparable damage to the estate. Provides that any retiree benefits paid between the filing of a petition and confirmation of a plan shall not be deducted from amounts calculated for claims for unpaid future retiree benefits or for any benefits not provided due to modifications, unless otherwise agreed by the debtor and the authorized representative. Requires a reorganization plan to place all claimants for retiree benefits in a separate class consisting only of such claimants. Requires that a plan, to be fair and equitable with respect to such claimants: (1) provide that each claim holder of such class receive property of a value equal to the allowed amount of such claim; or (2) provide that each claim holder of such class receive such value as found by the court to represent the minimum reduction in retiree benefits consistent with the ability of the debtor to provide such benefits after plan confirmation. Provides for the retroactive application of this Act.
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.
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.
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.
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.
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.
United States · United States Congress · 19 February 1987
Stratospheric Ozone and Climate Protection Act of 1987 - Directs the Administrator of the Environmental Protection Agency to publish a priority list of manufactured substances known or reasonably anticipated to cause atmospheric modification, including stratospheric ozone depletion, and to assign an ozone depletion potential to each substance. 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. Requires further scheduled reductions until 1993, when a reduction to five percent of 1986 production levels must be achieved. Prohibits the production, beginning in 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. 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 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.
![Official portrait of Sen. Durenberger, Dave [R-MN]](https://www.congress.gov/img/member/d000566_200.jpg)