United States · United States Congress · 10 November 1987
Authorizes the Vietnam Women's Memorial Project, Inc., to establish a statue of a woman Vietnam veteran within the Vietnam Veterans Memorial, to honor and recognize the women of the U.S. armed forces who served in the Vietnam war. Expresses the sense of the Congress that after the addition of such statue, no further additions to the site should be authorized or undertaken. Directs the Secretary of the Interior to select a site for the statue within the Memorial. Makes the design proposal subject to the approval of the Secretary and the National Capital Planning Commission. Prohibits the United States or the District of Columbia from paying any expense of establishing the statue. Provides that authorization for the statue shall lapse unless: (1) the establishment of such statue is commenced within five years of the date of approval of this resolution; and (2) the Secretary certifies that sufficient funds to complete the statue are available prior to groundbreaking. Makes the Secretary responsible for the statue's maintenance and care. Exempts the Secretary from the requirement of seeking the approval of the Commission of Fine Arts in implementing this resolution.
United States · United States Congress · 4 November 1987
Domestic Corporation Taxation Equality Act of 1987 - Amends the Internal Revenue Code to prohibit, with specified exceptions, the States from imposing tax on corporate taxpayers on a worldwide unitary basis unless a taxpayer unconditionally elects to be taxed on such a basis. Includes an express prohibition against the unitary method with respect to a domestic corporation whose average U.S. payroll, property, and sales represent less than 20 percent of its total payroll, property, and sales. Permits a State to tax dividends received by domestic corporations from their foreign affiliates only to the extent that the State excludes from the tax base of the U.S. corporation: (1) at least 85 percent of such dividends; or (2) the portion of such dividends that effectively bears no Federal income tax after application of the foreign tax credit.
United States · United States Congress · 4 November 1987
Interim Indian Gaming Regulatory Act - Provides that class I gaming (social or traditional Indian gaming) on Indian lands is within the exclusive jurisdiction of Indian tribes and shall not be subject to this Act. Places class II gaming (bingo or lotto) under the jurisdiction of Indian tribes, except that the Secretary of the Interior shall license such gaming in conformance with existing law in the State where the Indian land is located. Prohibits class III gaming (all other forms). Authorizes the Secretary to audit class II gaming and requires the Attorney General to instruct the Federal Bureau of Investigation to assist the Secretary in conducting background investigations of all non-Indian individuals connected with such gaming. Requires the posting of a performance bond equivalent to at least 12 months' agreed payments to the tribe or $1,000,000, whichever is greater, by any non-Indian manager who engages in any agreement with an Indian tribe to operate class II or class III gaming on Indian lands and to make payments to the tribe from such gaming. Requires the posting of a performance bond equivalent to the highest jackpot offered for each form of gaming or $500,000, whichever is greater, by any tribe or individual tribal member who engages in class II gaming. Authorizes the Secretary to use the reserve funds to satisfy claims for winnings that are unpaid for more than 90 days. Requires the Secretary to suspend any class II gaming operation not in compliance with performance bond requirements. Authorizes an Indian tribe to enter into a management contract for a class II gaming activity. Amends the Federal criminal code to provide that all State laws pertaining to the licensing, regulation, or prohibition of gambling shall apply on Indian lands to the same extent as such laws apply elsewhere in the State. Provides that any person who is guilty of any act or omission involving gambling on Indian lands which would be punishable under State laws governing the licensing, regulation, or prohibition of gambling shall be guilty of a like offense and subject to a like punishment. Limits the authorization period for this Act to ten years or less if the Congress passes a more comprehensive statute. Amends the Internal Revenue Code to provide that the interest on bonds used to build, promote, maintain, or support any form of gaming activity which is owned or operated on Indian lands shall not be exempt from Federal income tax. Makes any form of gaming activity on Indian lands subject to certain withholding and reporting requirements. Authorizes the Internal Revenue Service to audit gaming activities on Indian lands at the discretion of the Secretary of the Treasury.
United States · United States Congress · 30 October 1987
Individual Appropriations Act - Requires the committee of conference to report a separate conference report for each title of a bill or joint resolution making continuing appropriations for a period of 30 days or more, together with any amendments in disagreement for each title. Requires each title to be assigned a bill number and considered separately. Makes it out of order in the House of Representatives and the Senate: (1) to consider such bill or joint resolution unless each title corresponds to a regular appropriations bill; and (2) for any general provisions of such bill or joint resolution not to be contained in the appropriate title. Excludes any bill or joint resolution making supplemental appropriations from provisions of this Act. Makes such Act applicable to FY 1988, 1989, and 1990.
United States · United States Congress · 29 October 1987
Social Security Notch Adjustment Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish a new alternative formula for computing the primary insurance amount (used in calculating the amount of OASDI benefits to which an individual is entitled) of workers born after 1916 and before 1930. Makes the new formula effective beginning January 1987, but provides retroactive benefits of up to $1,000 for months prior to January 1987. Excludes the earnings an individual who was born before 1917 earns in or after the year he or she reaches age 70 from the calculation of benefits payable to such individual after 1985.
United States · United States Congress · 23 October 1987
Education Savings Act of 1987 - Amends the Internal Revenue Code to permit an income tax exclusion to a taxpayer who transfers a qualified U.S. savings bond to an eligible institution of higher education or vocational school to pay the higher education expenses (tuition, fees, books, supplies, and equipment) of the taxpayer, spouse, or dependent. Excludes from gross income the lesser of: (1) the otherwise taxable amount involved in the transfer; or (2) the amount of the relevant higher education expenses. Phases out the permissible exclusion in the case of taxpayers having adjusted gross income of $75,000 or more, disallowing it entirely when income exceeds $150,000. Directs the Secretary of the Treasury to advise the general public of the program established by this Act. Amends Federal law to permit: (1) the type of transfer of U.S. savings bonds that would be necessary to effect the tax exclusions described in this Act; and (2) redemption of such bonds by recipient institutions.
United States · United States Congress · 23 October 1987
NTL-5 Gas Royalty Act of 1987 - Sets forth a royalty calculation for certain Federal onshore oil and gas leases and for certain Indian leases (for the period from January 1, 1982, through July 31, 1986), under which the value of gas production shall be determined in accordance with specified lease terms and Federal regulations in effect at the time of production. Prescribes guidelines for the refund of previously paid royalties. Applies this Act only to leases for which documentation shows that the lessee or royalty payor received less than the highest applicable price under the Natural Gas Policy Act as a result of market conditions or considerations. Requires the Secretary of the Interior to notify the affected lessees and royalty payors of the provisions of this Act and to publish such notification in the Federal Register. Sets forth procedures for case-by-case audits of such leases by the Secretary to determine the amount of refunds due and payable under this Act. Mandates that the Secretary report to each Indian tribe holding specified Indian oil or gas leases regarding the difference between royalties computed under a certain Notice (NTL-5) and royalties computed in accordance with this Act. Requires lessees and payors to maintain records related to the value of gas production to which this Act applies for the period January 1, 1982, through July 31, 1986.
United States · United States Congress · 22 October 1987
Declares that the National Rural Crisis Response Center is deserving of recognition, encouragement, and support of the Congress and the American people. Recognizes the Center for the valuable service being rendered and authorizes and requests the President to issue a proclamation calling upon the people of the United States to recognize, encourage, and support the Center.
United States · United States Congress · 20 October 1987
Recommends that the Government lend support to efforts to overturn United Nations General Assembly Resolution 3379 (XXX), which equates Zionism with racism.
United States · United States Congress · 15 October 1987
Authorizes the Smithsonian Institution to develop a master plan for expansion of the National Air and Space Museum at Washington Dulles International Airport that will not interfere with the operations of the airport. Authorizes appropriations for FY 1988 and 1989 for master planning activities.
United States · United States Congress · 15 October 1987
Calls upon the Government of the Soviet Union to: (1) grant to all those who wish to join spouses in the United States permission to emigrate with their family members to the United States; and (2) give special consideration to such cases that have remained unresolved for many years.
United States · United States Congress · 13 October 1987
Designates January 28, 1988, 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 · 8 October 1987
Requires U.S. coins to be redesigned, at the discretion of the Secretary of the Treasury, over the next six years. Requires the reverse side of the first coin redesigned to commemorate the bicentennial of the U.S. Constitution for a two-year period. Requires that any profits from the sale of uncirculated and proof sets of U.S. coins be deposited in the Treasury and used solely to reduce the national debt.
United States · United States Congress · 8 October 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury (Secretary) to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers receiving annual tax filing forms from the IRS. Requires the IRS, upon taxpayer request, to conduct any interview regarding the determination or collection of any tax at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interviewer to explain to the taxpayer the audit process, including the taxpayer's rights with respect to the process. Requires the Secretary to abate any penalty or interest imposed on any deficiency attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations with respect to Taxpayer Assistance Orders, including provisions to assure full, fair, and impartial due process for affected taxpayers. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury an Office of Inspector General. Transfers to such Office the existing audit and investigation units of the Department. Sets forth criteria with respect to: (1) the authority of the Inspector General to conduct an investigation; and (2) the authority of the Secretary in cases of audits or investigations requiring access to information of a sensitive or confidential nature. Allows the Secretary to prohibit investigations under specified circumstances. Restricts disclosure by the Inspector General of tax returns and return information. Prohibits records of tax enforcement results from being used to evaluate certain IRS personnel or to impose or suggest production quotas. Requires district directors to certify compliance with this mandate on a monthly basis. Requires the Secretary to certify that a rule proposed by the IRS is substantially the only alternative that meets the mandate of the relevant statute in order for the rule to be considered an interpretative rule (and thereby not subject to analyses under the Regulatory Flexibility Act). Amends the Regulatory Flexibility Act to require regulatory flexibility analyses to include consideration of both the direct and indirect beneficial and negative effects of a proposed or final rule. Amends the Internal Revenue Code to direct the Secretary, with limited exceptions, to send a preliminary letter of deficiency to a taxpayer prior to the mailing of a deficiency notice. Specifies required contents for tax due notices and deficiency notices, including the basis of the deficiency and a breakdown of the total amount into tax, interest, and penalty. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations requiring all IRS personnel to explain and support their position in assessing any penalties or additions to tax. Requires the Comptroller General to study IRS procedures with respect to such assessments and to present findings to specified congressional committees no later than December 31, 1988. Authorizes the Secretary to enter into a binding agreement with a taxpayer under which the taxpayer may pay tax liability in installments if the Secretary determines that such an agreement will facilitate collection of the liability. Permits the Secretary, after proper notice and a hearing, to modify or annul the agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Renders such an agreement nonbinding if the taxpayer fails to pay any installment or any other tax liability when due. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Permits the Secretary to demand surrender of bank accounts only after 21 days in escrow have passed since service of the notice of levy on the accounts. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Permits a taxpayer to bring a civil action against the United States in the Tax Court for judicial review of jeopardy levies and assessments. (Under current law an action for judicial review of jeopardy assessments may be filed only in district court.) Increases the time during which a taxpayer may petition for such review. Describes the jurisdictional requirements to be applied to such actions. Allows an administrative appeal of tax liens. Grants to the Tax Court exclusive jurisdiction to enjoin premature assessments if the taxpayer has filed a timely petition for review. Provides for review of such injunctive orders by the U.S. Court of Appeals. Grants to the Tax Court jurisdiction to enforce payment by the Secretary of refunds of overpayment and interest to taxpayers. Places on the Secretary the burden of proof of justifying any failure to refund, credit, or offset relevant amounts with respect to a taxpayer. Entitles a prevailing taxpayer to: (1) an interest rate of 120 percent of the overpayment rate with respect to refunds; and (2) reasonable litigation costs. Grants to the Tax Court jurisdiction to: (1) review jeopardy assessment sales of assets; and (2) redetermine interest under certain circumstances when a taxpayer claims an overpayment of the interest. Vests in the Tax Court original jurisdiction over any civil action against the Secretary for the recovery of any tax, additions to tax, and penalties with respect to income, estate, gift, and certain excise taxes. Authorizes an award of reasonable litigation costs to the prevailing party in proceedings by taxpayers before the Internal Revenue Service. Permits a taxpayer to bring a civil action in district court for actual damages resulting from the failure of any Federal officer or employee to release a tax lien on the taxpayer's property. Permits a civil cause of action in district court for damages resulting from the careless, reckless, or intentional disregard of internal revenue laws by any Federal officer or employee. Denies damage awards in cases of contributory negligence. Authorizes a damage award, to a $10,000 maximum, to the United States in cases of frivolous or groundless claims by a taxpayer. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation or surveillance authorized or conducted by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Establishes in the Internal Revenue Service the Office for Taxpayers Services, under the supervision of an Assistant Commissioner of Internal Revenue. Directs this Assistant Commissioner to: (1) be responsible for telephone, walk-in, and educational services, and for the design and production of tax and information forms; and (2) prepare annually, for presentation to specified congressional committees, a joint report (with the Chief Problem Resolution Officer for the IRS) on the quality of taxpayer services.
United States · United States Congress · 8 October 1987
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase by $3,000 for each year from 1990 through 1994 the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Removes such income limitation thereafter. Accelerates the effective dates of increases in the delayed retirement credit rate for individuals who work beyond retirement age.
United States · United States Congress · 7 October 1987
Designates the week of October 11 through October 17, 1987, as National Angel Plane Week in recognition of the Angel Planes, a group of airline pilots who transport blood, organs, and persons in need of medical treatment.
United States · United States Congress · 2 October 1987
Establishes the Commission on the Effects of Deregulation on Air Travel to study and make recommendations concerning the impact of a deregulated airline industry on the Federal Government's goal of promoting development of an air transportation industry that provides quality service to all regions of the country. Requires study in particular of the effectiveness of the essential air service program and rural service alternatives. Requires the Commission to submit a detailed final report to the Congress and the President. Terminates the Commission following its submission of such report. Authorizes appropriations.
United States · United States Congress · 30 September 1987
Increases authorized appropriations to provide for completion of the Colorado River Storage Project, which provides water and power to the States of Arizona, Colorado, New Mexico, Utah, and Wyoming.
United States · United States Congress · 29 September 1987
National Institute on Deafness and Other Communication Disorders Act - Amends title IV (National Research Institutes) of the Public Health Service Act to establish the National Institute on Deafness and Other Communication Disorders (Institute) as an agency of the National Institutes of Health (NIH). Removes communicative disorders from the title and purpose of the National Institute of Neurological and Communicative Disorders and Stroke. Requires the Director of the Institute, with the advice of the Institute's advisory council, to establish a National Deafness and Other Communications Disorders Program (Program). Requires the Director to prepare and transmit to the Director of NIH a plan to initiate, expand, intensify, and coordinate activities of the Institute respecting disorders of hearing, balance, voice, speech, taste, and smell. Requires activities under the Program to be coordinated with other national research institutes and describes the minimum activities of the Program. Requires the Director to establish a National Deafness and Other Communication Disorders Data System for the collection, storage, analysis, retrieval, and dissemination of data and a National Deafness and Other Communication Disorders Information Clearinghouse. Requires the Director, after consultation with the advisory council, to provide for the development, modernization, and operation of new and existing centers for studies of disorders of hearing and other communication processes. Sets forth requirements for the centers, including conducting research and training programs and information and continuing education programs for health professionals, and public information programs. Authorizes centers to provide stipends for health professionals in their training programs. Describes other programs the centers may undertake. Requires the Director to provide for an equitable geographical distribution of centers and to give appropriate consideration to the need for centers for the elderly and for children. Limits support of a center to seven years, with one or more additional periods of not more than five years, if recommended by a peer review group established by the Director, with the advice of the advisory council. Authorizes appropriations. Sets forth transitional and savings provisions.
United States · United States Congress · 22 September 1987
Tax Policy Information Act of 1987 - Title I: Amendments to the Congressional Budget and Impoundment Control Act of 1974 - Amends the Congressional Budget and Impoundment Control Act of 1974 to: (1) revise the definition of "tax expenditures" to include the elements of revenue gain, discriminatory rate of tax, and acceleration of tax liability; (2) provide for alternative calculations of both income and revenue loss or gain; and (3) require a tax expenditures budget to reflect these alternative calculations. Mandates that the required reports accompanying a bill, resolution, or conference report providing for increased or decreased tax expenditures for a fiscal year include: (1) an estimate of the effects on the tax expenditures budget; and (2) a projection of the resulting tax expenditures in each of the succeeding five fiscal years. Mandates that: (1) the required committee report accompanying any concurrent resolution on the budget disclose the economic assumptions and methodology underlying each matter set forth in the resolution; and (2) technical explanations be made available to the public separately from the required report. Title II: Amendments to the Internal Revenue Code - Amends the Internal Revenue Code with respect to the duties of the Joint Committee on Taxation (JCT). Directs the JCT to: (1) use to the maximum extent possible in its reports, publications, and analyses, the same definitions of significant terms as are used in the Congressional Budget and Impoundment Control Act of 1974; (2) make available to the public technical explanations of the data, assumptions, and methodology used in its reports; and (3) provide a revenue loss or gain estimate within 60 day of the request of two members of either the Senate or the House (one of whom must be a member of the Senate Finance Committee or House Ways and Means Committee respectively). Title III: Miscellaneous Provisions - Amends the Congressional Budget and Impoundment Control Act of 1974 to add requirements to apply when a committee of either the House or the Senate defers making available revenue estimates relevant to any given piece of legislation affecting the budget, spending, credit, or revenue. Requires that the President's budget include alternative tax expenditures budgets of the same type required in reports accompanying congressional legislation. Directs the Secretary of the Treasury, not later than 120 days following enactment of this Act, to submit to specified congressional committees a draft of technical amendments necessary to reflect amendments made by this Act. Title IV: Effective Date; Application - Makes this Act effective on the date of enactment.
United States · United States Congress · 18 September 1987
Indian Self-Determination and Education Assistance Act Amendments of 1987 - Title I: Administrative Provisions - Amends the Indian Self-Determination and Education Assistance Act to require the Secretary (hereinafter refers to the Secretary of Health and Human Services, the Secretary of the Interior, or both, as appropriate) to prescribe the records recipients of Federal financial assistance must keep by promulgating regulations under the Administrative Procedure Act. Provides that multi-year contract recipients of such assistance must keep quarterly financial statements, an annual specified single-agency audit, and a brief annual program report. Title II: Indian Self-Determination Act Amendments - Directs the Secretary, upon the request of any Indian tribe or tribal organization (currently, Indian tribe) to enter into a self-determination contract (currently, contract) with such Indian tribe or tribal organization, for: (1) the transfer of certain hospitals and health services; (2) construction programs administered by the Secretary for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and (3) any program for the benefit of Indians without regard to the agency of the Department of Health and Human Services or the Department of the Interior within which it is performed. Requires the Secretary, within 90 days after receiving a proposal for a self-determination contract, to approve it (currently, may initially decline to enter into a contract) unless he makes specified findings. Entitles Indian tribes and tribal organizations to contract for any program or function operated by the Federal Government. Authorizes the Secretary, upon the request of an Indian tribe or tribal organization, to consolidate two or more mature self-determination contracts into one contract. Requires the Secretary, when he declines to enter into a self-determination contract, to provide assistance (currently, provide to the extent practicable) to the Indian tribe or tribal organization. Exempts liability for interest prior to judgment or for punitive damages from the requirement that a carrier which provides liability insurance to an Indian tribe or tribal organization must waive its right to raise the tribe's sovereign immunity from suit as a defense. Provides that a tribal organization or Indian contractor carrying out a contract, grant agreement, or cooperative agreement regarding claims for personal injury resulting from the performance of medical, surgical, dental, or related functions is deemed to be part of the Public Health Service with respect to claims for personal injury. Repeals the authority of the Secretary of Health and Human Services to make contracts with tribal organizations for hospital and health facility functions. Directs the Secretary, upon the request of any Indian tribe or tribal organization, to provide technical assistance on a non-reimbursable basis to: (1) develop new self-determination contracts authorized by this Act; (2) provide for the assumption by such Indian tribe or tribal organization of contracts for certain health, education, and welfare programs; and (3) modify proposals for self-determination contracts which the Secretary has declined to approve. Exempts self-determination contracts from the provisions of the Office of Federal Procurement Policy Act. Makes permanent the provision of Federal law which permits Federal employees who transfer to tribal employment to retain civil service benefits. Extends the length of self-determination contracts to three years (currently, one year) for a new contract and five years (currently, three years) for a mature contract, unless the appropriate Secretary determines that a longer term would be advisable. Requires that a request for retrocession of a contract requested by an Indian tribe or tribal organization shall become effective within one year (currently, 120 days). Authorizes the appropriate Secretary, in connection with self-determination contracts, to: (1) donate to an Indian tribe or tribal organization the title to any personal property exceeding the needs of the Bureau of Indian Affairs, the Indian Health Service or the General Services Administration, including purchases made with funds under self-determination contracts; and (2) acquire excess or surplus Government property for donation to an Indian tribe. Repeals a restriction on the minimum amount of self-determination contracts. Provides that the funds for self-determination contracts shall: (1) include all costs incurred by an Indian tribe or tribal organization in connection with such contract; (2) not be reduced to make base funding available for any new self-determination contract; (3) not be less than the appropriate Secretary would have otherwise provided for direct operation of the programs; (4) not be reduced by the Secretary in subsequent years except by a reduction in congressional appropriations; and (5) not be reduced by the Secretary to pay for Federal functions or for the costs of Federal personnel displaced by a self-determination contract. Requires the Secretary of Health and Human Services and the Secretary of the Interior to report annually to the Senate Select Committee on Indian Affairs, the House Committee on Interior and Insular Affairs, and the Senate and House Appropriations Committees on the implementation of this Act. Prevents Indian tribes and tribal organizations from being held liable for uncollectable indirect costs from Federal agencies, except for the Bureau of Indian Affairs and the Indian Health Service. Prohibits Indian tribes and tribal organizations from being held liable for amounts of indebtedness attributable to underrecoveries or overrecoveries of indirect costs. Requires the Secretary to give notice of any disallowance of costs before removing any program from the Indian Priority System. Requires the Secretary to add indirect costs to the amount of funds provided for direct costs for self-determination contracts for the first year and for each subsequent year that the program remains continuously under contract. Gives to the Federal district courts, concurrent with the United States Claims Court, original jurisdiction over any civil action or claim against the appropriate Secretary arising under this Act. Prohibits unilateral modification of self-determination contracts by the United States and sets forth provisions relating to such modifications. Applies the Equal Access to Justice Act to administrative appeals by Indian tribes and tribal organizations regarding self-determination contracts. Applies the Contract Disputes Act to such contracts.
United States · United States Congress · 17 September 1987
Agent Orange Disability Benefits Act of 1987 - Creates a rebuttable presumption, for purposes of veterans' disability benefits determinations, that, in the case of any veteran who performed active service in Vietnam, the disease of non-Hodgkin's lymphoma was incurred in or aggravated by such service. Allows the presumption to be rebutted upon a showing that the veteran did not incur the disease during service performed in Vietnam or that the veteran was not exposed to herbicides while performing such service.
United States · United States Congress · 11 September 1987
Authorizes appropriations for military assistance to the Nicaraguan democratic resistance for the period ending March 31, 1989. Prohibits the obligation or expenditure of such funds if, on or before September 30, 1987, the President has certified to the Congress that: (1) there are no Soviet, Cuban, or Communist bloc bases in Nicaragua that pose a threat to the United States and the other democratic governments in the hemisphere; (2) Nicaragua poses no military threat to its neighbors and does not provide a staging ground for subversion or destablization of duly elected governments in the hemisphere; and (3) the Nicaraguan Government respects the basic human rights of its people.
United States · United States Congress · 10 September 1987
Medicaid Home and Community Quality Services Act of 1987 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of community and family support services for severely disabled individuals who became disabled before age 22 and are living in a family home, foster family home, or community living facility. Requires that such services be provided in accordance with a written habilitation plan developed by an interdisciplinary team on the basis of a comprehensive assessment of the individual's strengths and the services and support necessary to: (1) enable such individual to attain or retain capabilities for independence or self-care; (2) promote interaction between disabled and nondisabled individuals within the community; and (3) enable disabled individuals who are over age 18 to engage in paid employment. Increases the age at which newly disabled individuals will be eligible for this Act's coverage so that eventually individuals who become disabled between age 22 and 50 will be covered. Lists the services which may comprise community and family support services, requiring that such services include at a minimum: (1) case management services; (2) individual and family support services; (3) specialized vocational services; and (4) protective intervention services. Excludes from such services: (1) room and board, other than room and board provided for less than six consecutive weeks and less than 12 weeks per year; (2) cash payments as a service; (3) aversive behavior intervention, management, or therapies; (4) services provided to a disabled individual living in a hospital, or skilled nursing or intermediate care facility; (5) educational services which the State makes generally available to its residents without cost and without regard to their income; and (6) services for which payment is made under title XVIII (Medicare), or part A (Aid to Families with Dependent Children) or B (Child Welfare Services) of title IV of the Act. Requires each State to make certain assurances regarding their provision of community and family support services and submit an implementation strategy to the Secretary of Health and Human Services. Requires that such implementation strategies: (1) describe the extent and scope of community and family support services provided to the severely disabled and the extent and scope of services provided to the severely disabled who are institutionalized; (2) set forth the objectives and a five-year strategy for expanding community and family support services for the severely disabled; (3) include certain procedures for transferring severely disabled, institutionalized individuals to family homes, foster family homes, or community living facilities; (4) set forth standards for the provision of community and family support services and a program for licensing and certifying all facilities and programs providing such services; (5) provide for assessments of the provision and affect of community and family support services and the correction of service deficiencies; (6) provide the public with an adequate opportunity to comment on the strategies; (7) set forth methods ensuring that the personnel providing community and family support services receive adequate training and are competent to provide such services; (8) provide that the State has in effect a management information system capable of collecting, storing, and retrieving data on the severely disabled who receive community and family support services; (9) provide an opportunity for an appeal and hearing before a hearing officer to individuals who believe themselves to be inappropriately served or denied an appropriate service, or who are being scheduled for an involuntary transfer from one living arrangement to another; (10) describe the methods to be used in administering community and family support services; and (11) set forth procedures to protect the interests of public employees who will be affected by the transfer of the severely disabled from public institutions. Allows States to provide any new community and family support service for up to three years without meeting the Medicaid requirements that it provide a service on a statewide basis and that the service be comparable in all parts of the State. Requires that intermediate care facility services for the mentally retarded include the ascertainment of the individual needs of each newly admitted individual by an interdisciplinary team within 30 days and the development of a written habilitation plan for each individual. Limits Medicaid payments to States for skilled nursing and intermediate care facility services furnished to individuals under age 65 who became disabled before age 22 to the amount payable for such services in the fiscal year ending after the enactment of this Act, increased if and by the extent to which the percentage increase in the consumer price index exceeds six percent. Makes such limitation inapplicable to facilities which have less than 16 beds or meet the size and location requirements for a community living facility. Requires States to have in effect a system to protect and advocate those rights of the severely disabled who are eligible for medical assistance which relate to the provision of such assistance. Provides Federal Medicaid matching funds for such system. Gives individuals who are adversely affected by a violation of this Act's requirements the right to bring an action to enjoin such violation. Allows States to set payment rates for community and family support services for the severely disabled. Authorizes States to treat severely disabled individuals under age 19 who are not in a medical institution as receiving benefits under title XVI (Supplemental Security Income) (SSI) of the Act for Medicaid eligibility purposes if they would be eligible for SSI benefits if institutionalized. Requires States to establish a uniform income standard for the severely disabled regardless of whether or not they are in a medical institution. Authorizes States to provide Medicaid coverage of disabled spouses and children who, except for the resources deemed to them, would be eligible for SSI benefits. Removes certain limitations on the Secretary's approval of reduction and correction plans for deficient intermediate care facilities for the mentally retarded. Makes individuals who are severely disabled and receiving or deemed to be receiving SSI benefits eligible for Medicaid as long as such qualifications continue to be satisfied. Directs the Secretary to establish, within the Health Care Financing Administration, a Bureau of Developmental Disabilities Services responsible for administering Medicaid programs for the severely disabled. Requires the Secretary to: (1) develop standards and a program for training Federal and State personnel who perform surveys of skilled nursing and intermediate care facilities to determine whether such facilities meet Medicaid participation requirements; and (2) periodically conduct studies of the reliability of such surveys and make the changes necessary to improve such reliability. Directs the Secretary to support the development of: (1) instruments to assess outcomes in the provision of this Act's services; and (2) competency-based personnel standards for agencies and organizations providing services to the severely disabled pursuant to this Act. Requires the Secretary to: (1) conduct an annual assessment of each State's compliance with this Act's requirements; and (2) issue final regulations regarding this Act's amendments prior to the first fiscal year beginning after this Act's enactment. Sets forth reporting requirements.
United States · United States Congress · 9 September 1987
Olmsted Public Parks Landscapes Act of 1987 - Requires the Secretary of the Interior to encourage maximum public participation in carrying out the purposes of this Act. Requires the Secretary, acting through the Director of the National Park Service, to prepare a State-by State inventory of Olmsted public parks. Requires that such parks be evaluated for inclusion on the National Register of Historic Places. Requires periodic updating of the inventory. Requires appropriate access to such inventory at the Library of Congress, the Frederick Law Olmsted National Historic Site in Brookline, Massachusetts, the National Park Service regional headquarters, and appropriate State offices. Directs the Secretary to: (1) promulgate general standards for preservation of Olmsted public parks in Federal control; (2) provide technical assistance to Federal agencies, State and local governments, private organizations, and other interested individuals on the identification, commemoration, and preservation of Olmsted public parks; (3) catalog and evaluate Olmsted documents; and (4) encourage a program for the use of the Frederick Law Olmsted National Historic Site in Massachusetts as a center for research. Requires the Secretary to provide for the coordination of applications for grants for the preservation of Olmsted public parks. Requires the Secretary to conduct appropriate activities during the period 1987 to 1995 to commemorate the Olmsted achievements and influence on American life. Establishes the Technical Committee on Olmsted Public Parks to assist the Secretary on matters that relate to Olmsted heritage landscapes. Terminates such Committee after December 31, 1997.
United States · United States Congress · 7 August 1987
Amends the Davis-Bacon Act to direct the Secretary of Labor to base the determination of the wages prevailing for the corresponding classes of laborers, mechanics, and helpers on: (1) the wage paid to 50 percent or more of the corresponding classes of laborers, mechanics, and helpers employed on similar private industry projects in the urban or rural civil subdivision of the State (or the District of Columbia) in which the work is to be performed; or (2) if the same wage is not being paid to 50 percent or more of such workers, the weighted average of the wages paid to such workers. Increases the threshold amount of a Federal contract covered by such Act from $2,000 to $100,000 or, in the case of Department of Defense contracts, $1,000,000. Provides that helpers of a class of laborers or mechanics shall be considered as a separate class, with their prevailing wages to be determined on the basis of the corresponding class of helpers. Authorizes the Secretary, in making a wage determination, to limit the use of helpers employed at a particular site.
United States · United States Congress · 7 August 1987
Radioactive Materials Transportation Act of 1987 - Directs the Secretary of Transportation to employ an additional 20 safety inspectors above the aggregate number authorized for FY 1988 for certain Federal agencies, in order to promote radioactive materials transportation safety in cooperation with safety inspectors of the Nuclear Regulatory Commission and State and local governmental officials. Allocates such safety inspectors to the Research and Special Programs Administration, the Federal Railroad Administration, and the Federal Highway Administration. Amends the Hazardous Materials Transportation Act to subject to a civil penalty any persons who commit violations of such Act (currently such persons must knowingly commit violations). Establishes a minimum civil penalty for violations of such Act or of its regulations. Authorizes appropriations.
United States · United States Congress · 7 August 1987
Designates the week of May 2 through May 8, 1988, as National Drinking Water Week to enhance awareness of drinking water issues and recognition of the difference that drinking water makes to health, safety, and quality of life.
United States · United States Congress · 7 August 1987
Declares that the Congress strongly urges that the Free Trade Area Agreement being negotiated by the United States and Canada not contain any changes in the maritime policy and laws of the United States.
United States · United States Congress · 5 August 1987
Amends Federal law relating to maximum speed limits on any public highway to direct the Secretary of Transportation to disapprove State highway projects seeking Federal proportional contribution if: (1) such highways have a maximum speed limit in any urbanized area (currently, any State public highway) exceeding 55 miles an hour; and (2) the maximum speed limit on any other public highway (other than a rural Interstate Highway) in the requesting State exceeds 65 miles per hour. Directs the Secretary to reduce the Federal-aid highway funds apportioned to a State if data submitted by such State indicates that the percentage of motor vehicles exceeding 55 miles an hour in any urbanized area (currently, any area) is greater than 50 percent.
United States · United States Congress · 24 July 1987
Declares that the Senate: (1) expresses its full support for General John Vessey in negotiations with Vietnam to determine the fate of Americans missing in action in Southeast Asia, to facilitate the return of the remains of those deceased missing in action, and to discuss humanitarian issues; and (2) calls on Vietnam to respond positively to the concerns of the American people in a humanitarian context.
United States · United States Congress · 22 July 1987
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds and mortgage credit certificates may be issued. (Under current law, authority for these programs is due to expire as of 1989.)
United States · United States Congress · 22 July 1987
Directs the Administrator of Veterans Affairs to pay a specified sum to a named individual in full settlement of all claims of such individual for interest on the face amount of a specified National Service Life Insurance policy.
United States · United States Congress · 21 July 1987
Amends the Internal Revenue Code to permit a partnership, S corporation, or personal service corporation, unless it is part of a tiered structure, to elect to have a taxable year other than the required one, but generally only if the deferral period of the taxable year elected is three months or less. (Current law requires partnerships, S corporations, and personal service corporations, in most cases, to conform their taxable years to the calendar years used by their owners.) Subjects the principals of a partnership or S corporation electing to change taxable years to additional estimated tax requirements to offset any tax deferral resulting from such election. Imposes deduction limitations on a personal service corporation that changes taxable years. Provides that an election with respect to taxable year shall be made by the partnership, S corporation, or personal service corporation and shall be binding on all partners and shareholders. Sets forth the formula for determining the additional tax requirement when a taxpayer: (1) is a partner or shareholder in at least one such entity during any applicable election years of the entity that end within the taxpayer's taxable year; and (2) has an aggregate deferred tax exceeding $200 with respect to the entity. Describes payment procedures. Requires the inclusion of specified information on returns filed by partnerships and S corporations that elect to use a non-required taxable year. Limits the tax deduction permitted to a personal service corporation for amounts paid or incurred with respect to employee-owners when such a corporation: (1) elects to have a taxable year other than the required one; and (2) fails to meet certain minimum distribution requirements regarding non-dividend amounts paid to owners.
United States · United States Congress · 21 July 1987
Recognizes the efforts of the United States Soccer Federation to bring the World Cup to the United States in 1994. Authorizes the President to designate the Secretary of Commerce as the official U.S. representative in any discussions with the Federation Internationale de Football Association.
United States · United States Congress · 14 July 1987
Amends the Internal Revenue Code to provide that the prohibition against indirect income tax deductions through pass-through entities shall not apply to any regulated investment company whose shares are: (1) continuously offered pursuant to a public offering; (2) regularly traded on an established securities market; or (3) held by or for at least 500 persons at all times during the taxable year.
United States · United States Congress · 10 July 1987
Directs the President to call and conduct, once during each presidential term, a National White House Conference on Rural Development and the Family Farm, bringing together State, regional, and Federal representatives for the purpose of preserving and stimulating economic and cultural vitality in rural communities. Mandates, to the extent practicable, State and regional conferences, at least one in each State, to be held as preparatory to the National Conference. Limits participation in these local conferences to participants in the National Conference and to residents of farms or of small rural communities who have a vested interest in rural community life. Directs the National Conference to examine such topics of rural concern as: (1) the delivery of essential services to rural communities; (2) the role of the family farm in these communities; (3) economic development, including job opportunities for displaced farmers; (4) the maintenance and development of the rural infrastructure; and (5) the interrelationship among Federal, State, and various local levels of government. Names the Secretary of Agriculture (Secretary) as the administrator of the National Conference and directs the heads of Federal departments and agencies to provide support and assistance as necessary. Directs the Secretary to assist in implementing the State and regional conferences. Authorizes the Secretary to enter into contracts with public agencies, private organizations, and academic institutions to carry out this Act. Makes participants responsible for their own National Conference expenses. Authorizes the President to appoint and compensate an executive director and other personnel for the National Conference. Requires: (1) the National Conference to submit a final report to the President and to the Congress not later than six months after convening; and (2) the Secretary of Agriculture and the Director of the Extension Service, after submission of the National Conference report, to submit annual reports to the Congress on the status and implementation of the National Conference's findings and recommendations. Authorizes appropriations, to remain available until expended. Prohibits Department of Agriculture funds not so specifically appropriated from being used for this Act's implementation.
United States · United States Congress · 8 July 1987
Interstate Compact - Grants congressional approval to the Tahoe Regional Planning Compact, which provides for cooperation between the States of Nevada and California in regulating development within the Lake Tahoe Basin, protecting its recreational, economic, and environmental values.
United States · United States Congress · 8 July 1987
Declares that the Congress encourages all Americans to read the Constitution within one year of its 200th anniversary and strongly encourages Members of Congress, Federal judges, and officials of the executive branch to set the example in studying this cornerstone of democratic government.
United States · United States Congress · 7 July 1987
Authorizes the Director of the U.S. Information Agency to: (1) provide for educational exchanges between U.S. and Soviet youths under 21; and (2) award higher education scholarships to exceptional students under 25 who are studying in the Soviet Union in programs approved by their own higher education institutions and maintaining satisfactory proficiency. Earmarks specified funds for FY 1988 and 1989 to carry out this Act. Refers to the activities specified in this Act as the Samantha Smith Memorial Exchange Program.
United States · United States Congress · 7 July 1987
Amends title VII (Administration) of the Social Security Act to authorize a civil action to be brought on behalf of the Social Security Administration against anyone who uses the words "Social Security" or "Social Security Administration" in trade or commerce in a manner which: (1) falsely represents an association with, or authorization by the Social Security Administration; (2) tends to cause confusion or mistake; or (3) tends to deceive.
United States · United States Congress · 1 July 1987
Veterans' Beneficiary Travel Reimbursement Restoration Act of 1987 - Amends Federal veterans' benefits provisions relating to the payment of travel expenses for veterans traveling to a Veterans Administration (VA) health care center for treatment to direct the Administrator of Veterans Affairs, in exercising the authority to make such payments, to make such payments to the following persons: (1) a person receiving veterans' benefits for or in connection with a service-connected disability; (2) a veteran receiving veterans' pension benefits; (3) a veteran whose annual income does not exceed the annual veterans' pension rate or who is unable to defray the expenses of such travel; (4) a person whose travel to a VA facility was incident to a scheduled compensation and pension examination; and (5) a veteran whose travel to a VA facility was required to be performed by a special mode of travel which was either authorized beforehand by the Administrator, or was in connection with a medical emergency. Authorizes the Administrator to deduct from the amount otherwise payable an amount equal to $3.75 for each trip to or from a VA facility. Provides a maximum amount authorized to be so deducted from the reimbursed expenses of veterans making six or more one-way trips during the following calendar month or months. Authorizes the Administrator to increase proportionately the amount permitted to be deducted whenever the amount of the reimbursement itself is increased. Directs the Administrator, with respect to any fiscal year in which he or she exercises the authority to make such payments, to make an allocation to each VA facility, before October 1 of each year, to enable the head of such facility to make such payments to veterans using such facility and authorized to receive such payments. Directs the head of each such facility to use such funds solely for such payments. Directs the Chief Medical Director of the VA's Department of Medicine and Surgery, when it is determined that insufficient payments have been made at any such facility, to authorize payments to be made for the proper amounts, unless the Chief Medical Director determines that making such payments at such lesser level would be in the best interests of furnishing care and services to eligible veterans at such facility. Permits any funds authorized for the making of such payments, but unexpended, to be used by the head of any such facility for support of other authorized direct-health care purposes. Directs the Administrator to take all appropriate steps to facilitate the establishment and maintenance of a program under which organizations or individuals who are volunteering their services to the VA would take responsibility for the transportation of such veterans, without reimbursement from the VA, primarily those residing in those areas which are geographically accessible to such facilities, who seek services or benefits from such VA facilities. Directs the Administrator, no later than six months after the enactment of this Act, to report to the Senate and House Veterans' Affairs Committee on the implementation of this Act.
United States · United States Congress · 26 June 1987
Medicare Rural Hospital Payment Equity Act of 1987 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services and the Prospective Payment Assessment Commission to recommend a methodology to the Congress by April 1, 1988, that provides for a graduated reduction of the differences in the prospective payment rates applicable to urban and rural hospitals during the 36-month period beginning October 1, 1988, and the complete elimination of such differences on or after October 1, 1990. Requires the Secretary to promulgate final regulations by August 30, 1988, to implement such recommendations. Provides that payment rates shall be determined in accordance with such regulations unless the Congress enacts legislation before October 1, 1988, with respect to such rates. Directs the Secretary and the Commission to each report to the Congress by April 1, 1989, on the manner in which urban and rural hospital payment rates should be adjusted to reflect legitimate differences in the operating costs of inpatient hospital services for urban and rural hospitals. Requires the Secretary to promulgate final regulations by August 30, 1990, to implement such adjustments. Provides that such adjustments shall be made in accordance with the Secretary's regulations unless the Congress enacts legislation before October 1, 1990, with respect to such adjustments. Provides for a greater increase in FY 1988 payments for inpatient hospital services furnished in rural areas than for those furnished in urban areas. Directs the Congressional Budget Office to study and report to the Congress within 180 days of this Act's enactment regarding the feasibility and effect of making certain changes in the method of calculating the amounts to be paid to hospitals to cover their wage-related costs. Requires the Secretary to conduct a survey at least once every 36 months of hospital wage-related costs for use in updating the wage index used in reimbursing hospitals for such costs. Permits sole community hospitals to choose one of two payment formulas which differ in that one considers hospital costs on a national basis while the other is more hospital-specific. Makes it clear that the payment adjustment for sole community hospitals experiencing a decline in patient volume of more than five percent over the preceding cost reporting period due to circumstances beyond their control shall be inapplicable to actions taken by a hospital to reduce capacity or case load. Directs the Secretary to: (1) issue instructions before October 1, 1987, clarifying the criteria used in granting such adjustment and simplifying the process of applying for such adjustment; and (2) report to the Congress by October 1, 1987, on the feasibility and appropriateness of making sole community hospital payment adjustments on the basis of the average increase in costs incurred by similar hospitals experiencing declines in patient volume. Requires that amounts set aside for making payments to hospitals for unusually long or costly cases (outlier payments) be based on actual outlier payments made during the second previous fiscal year. Directs the Secretary to include in the annual Medicare report to the Congress a comparison of outlier payments made to rural hospitals with those made to urban hospitals.
United States · United States Congress · 26 June 1987
Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to issue regulations mandating that rail transportation of radioactive waste and spent nuclear fuel take place on trains operated exclusively for such purpose (including shipments of such materials made under the auspices of the Department of Energy or the Department of Defense).
United States · United States Congress · 26 June 1987
Declares that the American people reaffirm their commitment to promoting the development of democracy in all the Americas. Expresses the sense of the Senate that: (1) the Government of Panama should respond to the points contained in the communique issued on June 17, 1987, by the Panamanian Episcopal Conference; (2) the vital interests of the United States in securing authentic democracy in Panama would be best served by the peaceful establishment of genuine democratic institutions in accordance with the Panamanian constitution; (3) compliance with internationally recognized human rights and the lifting of the suspension of constitutional guarantees are essential preconditions to the restoration of democracy in Panama; (4) an independent investigation into allegations against senior Panamanian civilian and military officials should be conducted by an objective group of Panamanians with authority to publish their findings without delay or fear of reprisal; and (5) the Government of Panama should direct the current commander of the Panama Defense Forces and any other implicated officials to relinquish their duties pending the outcome of the independent investigation.
![Official portrait of Sen. Hecht, Chic [R-NV]](https://www.congress.gov/img/member/h000439_200.jpg)