United States · United States Congress · 19 November 1987
Trademark Law Revision Act of 1987 - Amends the Lanham Act to permit a person who has a bona fide intention to use a trademark in commerce to apply to register the trademark. (Current law provides only for registration of a trademark already in use in commerce.) Requires that such trademark actually be used in commerce before it becomes a registered trademark. States that an application on an intent-to-use basis constitutes constructive use of the mark which must be resolved either through ultimate registration or other disposition before a later application for the same mark may be registered. Permits concurrent registrations by consent regardless of filing dates. Modifies the time period within which proof of a mark's distinctiveness may be offered. Eliminates the separate register for service marks. Eliminates the separate register for collective and certification marks, permitting the use of the former to indicate that their owners perform the connected service or sell the goods associated with such marks. States that when the first use of a mark is made by a related company (a licensee), then that use will inure to the benefit of the applicant or registrant. Halves the terms of registration and renewal to ten years each. Requires the deletion of marks where in the sixth year of registration their registrant does not file the required affidavit of use. Prohibits the assignment of an intent-to-use application prior to registration unless such application is assigned to the applicant's successor in business. States that a security interest in a mark is obtained only by filing in the Patent and Trademark Office and includes both the mark and the goodwill accompanying the mark. Provides for the examination of applications for registration submitted on the basis of intent-to-use. Sets forth procedures for such applications. Modifies conditions under which a mark becomes subject to cancellation because it has become a generic name. Grants the Trademark Trial and Appeal Board the authority to limit or modify the goods or services identified in a registration or application to avoid the likelihood of confusion and to determine trademark ownership rights when they are at variance with the register. Limits when final judgments may be entered in intent-to-use cases to the time such mark is registered. Eliminates the one year use requirement for applying to register a mark on the supplemental register and states that the use of such register does not constitute an admission that the mark has not acquired secondary meaning. Requires a registrant to prove the likelihood of confusion even when the right to use the mark in question is incontestable. Modifies available remedies. States that injunctive relief is not available in intent-to-use cases. Provides for a cause of action to protect trademarks against disparagement and tarnishment and for relief of a registrant claiming dilution of a famous mark registered on the principal register. Requires applicants for registration of marks in the U.S. based on foreign registration to state a bona fide intention to use such mark in commerce. Modifies definitions under such Act to reflect the creation of the intent-to-use system. Excludes use in commercials and promotion from the definition of use in commerce.
United States · United States Congress · 17 November 1987
Redefines the term "former prisoner of war" for purposes of veterans' benefits provisions to include any person who, while serving in the active military, naval, or air service, was forcibly detained or interned in the line of duty by the Union of Soviet Socialist Republics during World War II, under circumstances which the Administrator of Veterans Affairs finds to have been comparable to those under which persons have generally been forcibly detained or interned by enemy governments during periods of war.
United States · United States Congress · 13 November 1987
Authorizes the convening of a National Silver Haired Congress in Washington, District of Columbia, in 1989. Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to facilitate and coordinate the convening of such a Congress. (Describes such Congress as one with representatives from each State which would serve as a national grassroots forum to determine on a nonpartisan basis the recommendations for solutions to older American concerns without regard to race, creed, national origin, or social status.)
United States · United States Congress · 12 November 1987
Amends Federal bankruptcy provisions relating to the adjustment of debts of a municipality to revise rules relating to the treatment of special revenue bonds. Treats as an administrative expense any claim against a debtor municipality if the debtor provides adequate protection of the interest of the holder of a claim secured by a lien on property of the debtor and if the creditor has a claim from a stay of action against such property. Specifies that the filing of a bankruptcy petition does not operate as a stay of application of pledged special revenues to payment of indebtedness secured by such revenues. Provides that the holder of a claim payable solely from special revenues of a debtor municipality under applicable nonbankruptcy law shall not be treated as having recourse against the debtor as an unsecured creditor. Specifies that the transfer of property of the debtor to or for the benefit of any holder of a bond or note, on account of such bond or note, may not be avoided. Provides that special revenues acquired by the debtor after the commencement of the case shall remain subject to any lien resulting from any security agreement entered into by the debtor before the commencement of the case. Specifies that any such lien on special revenues derived from a project or system shall be subject to the necessary operating expenses of such project or system. Specifies that a lease to a municipality shall not be treated as an executory contract or unexpired lease by reason of its being subject to termination in the event the debtor fails to appropriate rent.
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 · 10 November 1987
Expresses the sense of the Senate that: (1) the Senate leadership should seek a budget resolution plan that contains savings in FY 1988 in excess of $23,000,000,000 and the plan should extend for at least two years; and (2) the House should consider adopting a similar approach and the President should become personally involved in the negotiations with leaders of Congress to ensure that a meaningful deficit reduction package will be enacted.
United States · United States Congress · 5 November 1987
Genocide Convention Implementation Act of 1987 - Amends the Federal criminal code to establish the criminal offense of genocide. Sets forth penalties to be imposed upon anyone who commits or attempts to commit any of the acts which constitute genocide (a fine of $1,000,000 and/or imprisonment for up to 20 years, and life imprisonment if group members are killed). Sets forth criminal penalties (a fine of $500,000 and/or imprisonment for up to five years) for directly and publicly inciting an act of genocide.
United States · United States Congress · 5 November 1987
National Historical Publications and Records Commission Amendment Act of 1987 - Provides for staggering the terms of certain appointees to the National Historical Publications and Records Commission. Entitles all Commission members to transportation expenses and per diem in lieu of subsistence. Requires the chairman of the Commission to transmit to the President and the Congress from time to time, and at least biennially, the plans, estimates, and recommendations developed and approved by it. Authorizes the Commission to conduct institutes, training, and educational programs and to sponsor fellowships related to its activities. Authorizes the Commission to disseminate information about documentary sources through guides, directories, and other technical publications. Authorizes the Commission to recommend the expenditure of appropriated or donated funds for the collecting, describing, preserving, compiling, and publishing of significant documentary sources. Authorizes the Archivist of the United States to make allocations to Federal agencies and grants to State and local public and nonprofit entities after considering the advice and recommendations of the Commission. Authorizes appropriations to the Commission for FY 1989 and each of the four succeeding fiscal years.
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 · 3 November 1987
Targeted Revenue Assistance to Fiscally Distressed Local Governments Act - Establishes a program to provide financial assistance to fiscally distressed units of local government. Authorizes appropriations to carry out this Act. Provides that a local government unit qualifies for an assistance payment for an entitlement period only after satisfying specified criteria, including that: (1) if at least 25 percent of the pay of a public employee is paid out of such payment, such individual will receive pay at least equal to the prevailing rate of pay for individuals employed in similar public employee occupations by the government; (2) if at least 25 percent of the costs of a construction project are paid out of such payment, laborers and mechanics employed by contractors or subcontractors on the project will receive pay at least equal to the prevailing rate of pay for similar construction in the locality; and (3) the government will use specified accounting, audit, and fiscal procedure guidelines. Imposes sanctions for noncompliance. Makes allocations of special entitlements for Indian tribes, Alaskan Native villages, and the District of Columbia, based on population to be determined by a specified formula. Allocates funds to States according to a specified formula, which takes into account the "need factor" (based on the number of unemployed individuals in the State during the 36-month period immediately preceding the entitlement period) and the "relative fiscal capacity" (based on the taxable resources of the State). Sets forth the method to be used to determine the entitlement allocations for units of general local government. Sets limits on payments to local governments. Provides for reallocation of any funds not paid out. Requires the Secretary to use the most recent available information provided by the Secretary of Commerce and the Secretary of Labor before the beginning of the entitlement period to determine an allocation under this Act. Requires the Secretary to determine population on the same basis that the Secretary of Commerce determines resident population for general statistical purposes. Sets additional limitations on the use of data for entitlement allocation purposes. Requires that each unit of general local government expending payments under this Act hold at least one public hearing on the proposed use of the payment in relation to its entire budget. Requires pre-hearing disclosure of information. Requires that following adoption of the budget, the government make available to the public a summary of the budget, including the proposed use of the payment. Allows the Secretary to waive a requirement under this Act under specified conditions. Requires the Secretary to prescribe regulations for applying the Act to local governments that do not adopt budgets. Prohibits discrimination by local governments receiving payments under this Act. States that such prohibitions shall not apply where the government shows that a payment received under this Act is not used to pay for any part of the program or activity with respect to which the allegation of discrimination is made. Directs the Secretary, in cooperation with the heads of Federal and State agencies, if possible, to investigate alleged violations of the non-discrimination provisions of this Act. Requires the Secretary, after making a finding of discrimination about a unit of general local government, to submit a notice of non-compliance to that unit of government. Establishes procedures for the informal presentation of evidence by that unit of government. Allows the Secretary to suspend payments to the government under this Act, unless the government: (1) makes a compliance agreement; or (2) requests an administrative review. Establishes procedures for the administrative review of the Secretary's determination. Sets forth conditions for the suspension and termination of payments in discrimination proceedings, for the lifting of such suspensions and terminations, and for resumption of payments upon attaining compliance (which may include restitution to the injured party). Delineates the types of compliance agreements and their contents. Requires the Secretary to submit a copy of the agreement to each person who filed a complaint. Authorizes the Attorney General to bring a civil action against local governments engaging in a pattern or practice in violation of this Act's anti-discrimination provisions. Specifies remedies that the court may grant. Provides for a private right of action, after the affected individual has exhausted specified administrative remedies. Allows the Attorney General to intervene in an action of general public importance. Allows a local governmental unit receiving notice from the Secretary about withholding, suspending, or terminating payments to apply for review by filing a petition with the U.S. court of appeals for the circuit in which the government is located. Allows review of that decision only by the U.S. Supreme Court. Establishes audit requirements for local governmental units which receive payments, with provisions for waiver under specified conditions. Provides for the public disclosure of the local audit. Directs the Secretary to maintain regulations providing reasonable and specific time limits for the Secretary to carry out an investigation, carry out audits and reviews, and advise a complainant of the status of such audit, investigation, or review. Directs the Comptroller General to carry out reviews as necessary for the Congress to evaluate compliance and operations under this Act. Sets forth reporting requirements by the Secretary to the Congress, and by units of general local government to the Secretary. Directs the Secretary, and the Secretary of Commerce, to undertake studies of targeted revenue payments. Authorizes appropriations.
United States · United States Congress · 30 October 1987
Poultry Producers Financial Protection Act of 1987 - Amends the Packers and Stockyards Act, 1921 to remove live poultry handlers from marketing practices' regulation under such Act. Establishes a statutory trust for the benefit of unpaid cash sellers or poultry growers which consists of the assets of live poultry dealers with average annual live poultry sales, or average annual value of poultry obtained by purchase or growing arrangement, greater than $100,000. States that a dishonored payment instrument shall not be considered as payment. Provides that an unpaid cash seller or poultry grower shall lose such trust benefit if he or she fails to give written notice of nonpayment or dishonored payment within specified time periods to the poultry dealers. States that the trust is preserved by giving written notice to the dealer and filing such notice with the Secretary of Agriculture. Provides a cause of action for violations under such Act with respect to poultry sales, purchases, or growing arrangements. Eliminates poultry handler recordkeeping provisions. States that the Federal Trade Commission (FTC) shall have power and jurisdiction over all (marketing) transactions in commerce of poultry products. States that the Secretary may exercise jurisdiction over poultry products in prompt payment or trust proceedings (as established by this Act) in order to avoid impairment of the Secretary's jurisdiction. Requires the Secretary to: (1) notify the FTC of any intended action; and (2) not proceed further if notified within ten days that an FTC proceeding involving the same subject matter is pending. Authorizes the Secretary to seek injunctive relief for nonpayment of live poultry transactions, including growing arrangements. Requires poultry dealers to pay poultry producers within the following time limits: (1) for a cash sale, full payment by the close of business on the day after the sale; and (2) for a growing arrangement, full payment within 15 days after the week of slaughter. States that a payment delay or attempted delay shall be considered an "unfair practice" violation under such Act. Directs the Secretary, whenever he has reason to believe that a poultry dealer has violated the prompt payment or trust provisions created by this Act, to issue a written complaint and hold a hearing at least 30 days after service of the complaint. Authorizes the Secretary to issue a cease and desist order, and also to assess a civil penalty of up to $20,000 per violation, if he finds the dealer in violation of such provisions. Makes the Secretary's order final unless a poultry dealer files an appeal with the appropriate court of appeals within 30 days after service. Subjects a poultry dealer or his agents to fines of between $1,000 and $20,000 for failure to comply with the Secretary's order. Declares that this Act shall not be construed to limit or otherwise affect the power of the Federal Trade Commission under the Federal Trade Commission Act to prevent, with respect to poultry products, the use of unfair methods of competition, and unfair deceptive act or practices. Repeals title V of the Packers and Stockyards Act, 1921.
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 · 14 October 1987
Veterans' Agent Orange Disabilities Act of 1987 - Creates a non-rebuttable presumption that, for the purposes of wartime disability compensation for Vietnam veterans, the following diseases shall be considered to have been incurred in, or aggravated by, active military, naval, or air service in Vietnam during the Vietnam era: (1) non-Hodgkin's lymphoma; (2) lung cancer becoming manifest within 25 years of service; and (3) a disease that, in accordance with this Act, is determined to be reasonably associated with damage to or suppression of the immune system resulting from exposure to dioxin or any other toxic herbicide used in Vietnam and that is listed in regulations prescribed by the Administrator of Veterans Affairs. Requires the Administrator to enter into an agreement with an appropriate nonprofit private scientific organization to: (1) conduct a survey of all scientific studies of the effects of dioxin and other toxic herbicides used by the United States in Vietnam on humans or animals; and (2) determine what (if any) diseases are reasonably associated with damage to or suppression of the human immune system as a result of exposure to such herbicides. Designates the National Academy of Sciences (NAS) as the appropriate nonprofit organization, unless: (1) the NAS does not enter into such an agreement with the Administrator; (2) the Administrator has notified the veterans' committees of an alternative organization; and (3) 90 days have elapsed since such notification. Requires that the scientific organization report to the Administrator and the veterans' committees on the name of each disease determined to be reasonably associated with human immune system damage or suppression within one year after enactment of this Act. Directs the Administrator to prescribe regulations listing each such disease within 90 days of receipt of such report, unless a disease is specifically excluded by law. Directs the Administrator to periodically (but not less than annually) survey additional completed studies to determine whether any diseases should be added to the list. Requires that the Administrator: (1) compile and analyze, on a continuing basis, all clinical data obtained by the VA in connection with physical examinations and treatment furnished after November 3, 1981, to veterans who were exposed to dioxin or any other such toxic substance; and (2) submit to the Senate and House of Representatives' Committees on Veterans' Affairs a semiannual report containing such compilation and analysis, along with a discussion of the disabilities identified or treated by the VA, the Administrator's explanation for the incidence of such disabilities, and other reasonable explanations for the incidence of such disabilities.
United States · United States Congress · 13 October 1987
Amends the copyright law to extend the manufacturing clause, which prohibits the importation of certain English language books by American authors not manufactured in the United States or Canada. Suspends such clause unless the percentage of imports reaches or exceeds four times domestic printing production during calendar year 1986 in which case such clause will be imposed for one year or until the Secretary of Commerce certifies the percentage of imports has fallen below the requisite level.
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 · 9 October 1987
Extends until December 31, 1987, the authority of a bankruptcy trustee to pay benefits to retired former employees under a plan, fund, or program maintained or established by the debtor (through the purchase of insurance or otherwise) for the purpose of providing medical, surgical, or hospital care benefits, or benefits in the event of sickness, accident, disability, or death.
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 · 7 October 1987
Agriculture Nitrogen Management Act of 1987 - Directs the Secretary of Agriculture and the Administrator of the Environmental Protection Agency to establish an Agricultural Nitrogen Best Management Practices Task Force to: (1) develop agricultural best management practices to minimize nitrogen losses from all potential uses of agricultural nitrogen; (2) develop and disseminate to American farmers educational and training materials with respect to such practices; and (3) report to the Congress in one year on the progress of its efforts. Authorizes appropriations. Amends the Federal Water Pollution Control Act (Clean Water Act) to require that any State assessment report or management report be developed in consultation with the task force. Directs the Administrator to consult with the task force in preparing annual reports and final reports to the Congress.
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 · 2 October 1987
Amends title XIX (Medicaid) of the Social Security Act to disregard cost-of-living increases in veterans' benefits, civil service retirement, railroad retirement (under the Railroad Retirement Act of 1974), and old age, survivors and disability insurance (under title II of the Act) benefits in determining an individual's continuing Medicaid eligibility.
United States · United States Congress · 29 September 1987
Rural Economy Act of 1987 - Title I: General Provisions - Establishes in the Department of Agriculture a Rural Development Financing Authority, headed by an Assistant Secretary of Agriculture appointed by the President, with the advice and consent of the Senate. Authorizes appropriations for the Authority for FY 1988 and subsequent fiscal years. Authorizes appropriations for FY 1988 and subsequent fiscal years for: (1) the Rural Development Financing Authority; (2) the Rural Development Loan Fund; (3) rural infrastructure grants; (4) basic community facility needs grants; (5) local capacity building grants; (6) rural technology development; (7) one-stop rural financial and technical assistance centers; and (8) State incentive grants. Title II: Business Development - Subtitle A: General Provisions - Directs the Assistant Secretary to develop a program to provide interest rate subsidies to lenders for loans to private business enterprises in rural areas. Prescribes eligibility requirements for such subsidies. Sets forth a program of rural industrialization assistance, including: (1) direct and insured loans for private business enterprises encompassing economic and environmental improvement, aquaculture, and solar energy systems; (2) joint loans for such enterprises from specified Federal departments and agencies, State agencies, and private and quasi-public financial institutions; and (3) insured and guaranteed loans for the construction or improvement of subterminal facilities. Subtitle B: Rural Development Loan Fund - Establishes in the Treasury a Rural Development Loan Fund as a revolving fund to be used for making rural development loans and rural opportunity grants. Title III: Community Development Assistance for Smaller Communities - Subtitle A: Rural Infrastructure Grants - Directs the Assistant Secretary to make grants to States, territories, and Indian tribes to provide funds for the development of local infrastructure in eligible rural communities. Sets forth allocation and program requirements. Subtitle B: Basic Community Facility Needs Grants - Directs the Assistant Secretary, in cooperation with the Administrator of the Farmers Home Administration, to make grants to specified associations to test cost-effective methods of meeting the basic needs of residents of rural areas who do not have and cannot afford safe drinking water and wastewater disposal. Title IV: Capacity Building for Local Development - Directs the Assistant Secretary to make grants to public and nonprofit private institutions: (1) to stimulate local businesses in rural areas affected by recent declines or chronic underdevelopment in basic economic sectors like agriculture; (2) to establish and operate centers of rural technology development in order to promote new processes and products that can be produced in rural areas; and (3) to establish three one-stop rural financial and technical assistance centers. Title V: State Incentive Grants - Directs the Assistant Secretary to make grants to States to fund the Federal matching contribution for State programs to promote rural development. Title VI: Administration - Sets forth nondiscrimination provisions and procedures for ensuring compliance and sanctioning noncompliance (including civil actions by the Attorney General). Sets forth remedies for noncompliance with any provision of this Act, including civil actions by the Attorney General. Provides for judicial review of any termination, reduction, or limitation of payments under this Act. Requires annual reports to the Congress on progress made in carrying out this Act.
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 · 18 September 1987
Expresses the sense of the Senate that the Secretary of Agriculture should make 1988 advance deficiency payments for wheat, feed grains (up to 40 percent of projected payments for such crops), upland cotton, and rice (up to 30 percent of projected payments for such crops).
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 · 7 August 1987
Farm Credit Act of 1987 - Title I: Farm Credit Revolving Fund; Franchise Taxes; Purchase of Stock - Amends the Farm Credit Act of 1971 to repeal provisions governing: (1) the central reserve maintained by the Farm Credit Administration (FCA) for the Farm Credit System (FCS); (2) mergers of similar FCS banks; (3) the authority of the Secretary to purchase obligations issued by the Farm Credit System Capital Corporation (Capital Corporation); (4) the initial capitalization of the Capital Corporation; (5) the tax status of obligations issued jointly by the Capital Corporation and FCS banks; and (6) certain limitations on sales by FCS institutions of tracts of real estate. Directs the FCA to purchase stock to: (1) prevent impairment of FCS institution stock; (2) restore any impairment to such stock; or (3) provide collateral for obligations issued by an FCS bank to finance its lending operations. Identifies the resulting resource as the Farm Credit Revolving Fund. Requires the FCA, beginning in 1993, to mandate the retirement of such stock when the need for Government-owned stock is reduced or nonexistent. Mandates the availability of revolving fund monies to purchase obligations of the Farm Credit Banks Insurance Corporation and to make loans to the Loan Restructuring Corporation. Directs the FCA to make payments to holders of certain FCS associations placed in liquidation to ensure that they receive par value for the stock. Empowers the FCA, through the FCA Board, to make and issue non interest-bearing notes to the Secretary of the Treasury (Secretary) to obtain funds for the revolving fund as necessary to permit the FCA to carry out required stock purchases, as well as loan and payment obligations. Requires the Secretary to purchase these notes, up to a maximum total of $6,000,000,000. Prohibits the issue of obligations to obtain funds to purchase stock of FCS institutions after 1992. Imposes a franchise tax, earmarked for the revolving fund, on each FCS bank and production credit association. Forgives such tax to the extent it would result in an impairment of the institution's stock. Imposes an additional franchise tax, effective in 1993, on FCS banks or associations in which the FCA holds stock. Reduces this tax to the extent of any amount the institution either paid to the United States for the retirement of any of its FCA-held stock or contributed to another FCS bank or association to permit it to retire FCA-held stock. Directs the FCA, after notice and an opportunity for a hearing, to suspend the charter of any institution that fails to comply with franchise tax obligations. Permits the issuance of nonvoting Federal land bank stock to the FCA for this Act's purposes. Prohibits: (1) the payment of dividends on such FCA-held stock; and (2) patronage refunds in a year during which the FCA holds stock in the land bank. Applies corresponding prohibitions to Federal land bank associations. Fixes minimum funding requirements for reserves maintained by Federal land banks and Federal land bank associations. Establishes obligation contribution percentages with respect to these reserves. Grants to the FCA the first lien on stock and participation certificates it holds in Federal land banks and land bank associations. Permits the issuance of nonvoting Federal intermediate credit bank stock to the FCA for this Act's purposes. Prohibits: (1) the payment of dividends, unless authorized by the FCA Board, in any year when the FCA holds stock in the bank; and (2) the retirement of stock or of participation certificates if the FCA holds stock in the bank. Establishes a framework and procedures to govern: (1) the annual application of the net earnings of an intermediate credit bank in which the FCA holds stock; and (2) the absorption of its net losses. Includes provisions for the establishment of a reserve account. Exempts allocations to such an account from Federal income taxes. Prohibits a Federal intermediate credit bank from paying patronage refunds in a year when the FCA holds stock in the bank. Grants priority to FCA-owner stock (after liabilities are paid) for purposes of distribution of assets on liquidation. Permits the issuance to the FCA of nonvoting stock of a production credit association (PCA) for this Act's purposes. Prohibits: (1) the payment of dividends (other than preferred stock) in any year when the FCA holds stock in the PCA; and (2) patronage refunds in a year during which the FCA holds stock in the PCA. Grants to the FCA the first lien on stock and participation certificates it holds in a PCA. Grants a limited tax exemption to PCAs and their property, funds, and income. Permits the issuance to the FCA of nonvoting stock of banks for cooperatives for this Act's purposes. Grants to the FCA first lien on stock it holds in the bank. Establishes a framework and procedures to govern the annual application of the net earnings of a bank for cooperatives in which the FCA holds stock. Includes provision for the creation of a surplus account. Grants a limited tax exemption to banks for cooperatives, their property, funds, and income Empowers the FCA expressly to invest in the stock of FCS banks and associations out of the pertinent revolving fund and to require the stocks' retirement. Title II: Loan Restructuring - Amends the Farm Credit Act of 1971 to repeal the December 31, 1987, sunset review of the Farm Credit System Capital Corporation. Changes the name of the Capital Corporation to the Loan Restructuring Corporation (LRC). Requires the FCA board to revoke the charter of the LRC on December 31, 1990, unless it unanimously adopts a one-year extension. Directs the LRC to: (1) hold, restructure, collect, sell, and otherwise administer nonperforming assets participated in or acquired from other FCS institutions; and (2) provide technical assistance to FCS institutions in connection with borrower loan restructing activities. Provides for an LRC Board of Directors. Transfers generally the corporate powers of the Capital Corporation to the LRC. Adds the power to: (1) carry out a loan restructuring program; and (2) grant forbearance on, restructure, or liquidate any loan participated in or acquired from an FCS institution. Repeals a number of powers relating to the issuance and sale of obligations, the administration of financial assistance, the purchase of nonaccrual loans and assets, and the purchase of certain assets from associations undergoing liquidation. Rescinds any required Capital Corporation purchase or assessment taken between July 31, 1986, and the date of this Act's enactment. Orders a refund of such funds, as well as contributions under loss-sharing agreements, to contributor institutions. Requires the LRC and each farm credit district to have in place within 60 days of this Act's enactment a policy that includes: (1) a case-by-case review of nonaccrual loans to determine whether they should be considered for forbearance, restructuring, or liquidation; and (2) a case-by-case review of all high-risk loans to determine appropriate measures to prevent them from becoming nonaccrual loans. Describes required policy contents, including mandatory provisions indicating that forbearance will be granted to the maximum extent possible to avoid losses to the institution, and that restructuring will be effected in ways that would enable borrower repayments without impairing the borrower's standard of living if specified conditions are met. Requires each farm credit district board to establish a Special Credit Team to help the district's banks and associations in dealing with nonaccrual and high-risk loans. Mandates that each district plan establish an appeals procedure with respect to loans determined to be ineligible for restructuring. Describes criteria to be met by the appeal process. Prohibits an FCS institution from requiring a borrower to provide additional collateral or from foreclosing certain loans as a result of the borrower's failure to do so. Permits a borrower, upon application, to retain possession and occupancy of qualified homestead property for between three and five years, in certain cases of foreclosure, bankruptcy, or involuntary liquidation. Describes the eligibility requirements to be met by affected borrowers. Grants to the borrower the right of first refusal with respect to the homestead property at the end of the prescribed occupancy period. Makes homestead provisions inapplicable in cases when appraisal indicates that the value of the acquired real estate prior to the separation of the homestead would exceed the sum of the values of each component property. Prohibits an FCS institution from: (1) selling any agricultural land acquired as a result of loan foreclosure, bankruptcy, or voluntary loan liquidation if the sale would have a substantial adverse effect on the agricultural land values in the area where the real estate in question is located; or (2) combining for sale or lease acquired real estate tracts when the size of the resulting tract substantially exceeds that of an average farming or ranching operation in the area where the tracts are located. Requires FCS institutions to subdivide tracts that are larger than the average family farming or ranching operation before offering them for sale or lease. Mandates that: (1) offers to sell or lease property acquired by an FCS institution (other than offers to another FCS institution) be public offers; and (2) the sale or lease of such property be based on competitive bidding. Directs the FCA to issue regulations to govern such bidding, including provisions to ensure: (1) actual notice to the previous owner of the availability of the property; and (2) sale or lease to the highest bidder, subject to the previous owner's right of first refusal. Sets forth similar but distinct provisions to govern leases of property for terms of between five and ten years to family farmers or ranchers. Requires that each of these leases contain an option to buy the property when the lease term expires. Requires persons (beginning in 1990) who enter into installment sales agreements or similar financing arrangements, to purchase FCS acquired property to buy stock or participation certificates in the pertinent institution. Requires each FCS institution holding acquired property on the date of this Act's enactment to sell or lease the property within four years. Applies the same four-year requirement to subsequently acquired property, with the reference date being that on which the institution acquires the property. Transfers the functions and role of the Federal Farm Credit Capital Corporation to the Loan Restructuring Corporation. Lists documents and information that FCS institutions must provide to borrowers, including interest rate data and corporate materials. States that any person who suffers legal wrong or who is aggrieved or adversely affected by the violation in question has the right to sue: (1) an FCS institution for violations of duty, standard, or limitation or of corollary FCA orders; or (2) the FCA for failure to perform duties. Grants jurisdiction in such cases to Federal district courts, without regard to the amount in controversy. Title III: Insurance of Obligations of Farm Credit Banks; Liability of Banks on Obligations - Amends the Farm Credit Act of 1971 to create a Farm Credit Banks Insurance Corporation, under the direction of the FCA Board, having as its duty to insure the notes, bonds, and similar obligations of eligible FCS banks. Enumerates corporate powers. Requires each FCS bank to apply for insurance within 90 days of this Act's enactment. Describes required contents for such applications. Directs the Corporation to reject the application of any bank having unsafe financial policies or management. Prescribes: (1) the extent of insurance to be provided; (2) the assessment of premiums to be paid (not to exceed two-tenths of one percent of the proceeds of the obligation); (3) the establishment of a reserve; (4) procedures for terminating insurance; and (5) actions to be taken against banks that violate duties or engage in unsafe or unsound practices. Mandates that, beginning in 1993, any minimum capital adequacy requirement in connection with the aggregate obligations of a bank or banks be established at a level to reduce, to the extent practicable, the risk of loss to the Corporation. Prohibits a bank from participating in a joint issuance of obligations due and payable after 1992 unless it is insured by the Corporation. Sets forth the order of liability of affected banks with respect to certain consolidated or system-wide obligations issued between January 1, 1988, and December 31, 1992. Title IV: Real Estate Lending; Interest Rates - Amends the Farm Credit Act of 1971 to prohibit Federal land banks from making agricultural real estate mortgage loans to persons who are not bona fide farmers or ranchers, an defined by this Act. Requires each Federal land bank to make available to eligible borrowers long-term real estate mortgage loans having terms of at least 15 years at a fixed interest rate. Caps the permissible interest rate on such loans at two percent above the average interest rate on the bank's obligations of comparable maturities during the preceding 12 months. Provides for differential interest rate programs for loans of Federal land bank association members. Caps the permissible interest rate on all the agricultural loans of a bank at two percent above the average interest rate on obligations issued by the bank during the preceding 12 months. Permits the FCA to authorize a higher interest rate under certain circumstances. Restricts loans to no more than 75 percent of the appraised value to the real estate security (the current general restrictions is 85 percent). Permits an 85 percent limitation in case of young or beginning farmers or ranchers. Sets standards for determining appraised value. Directs each Federal land bank to: (1) require borrower financial statements at least triennially; (2) establish a future payment plan into which participating borrowers could pay amounts to be offset against indebtedness. Caps the permissible interest rate on short- and intermediate-term loans of production credit associations at two percent above their discount rate. Allows a differential interest rate program for member loans only upon stockholder approval. Requires FCA approval for certain loans. Title V: Service Organizations - Amends the Farm Credit Act of 1971 to direct the FCA to revoke the charter issued to the Farm Credit Corporation of America as of FY 1990, unless a majority of the members of the boards of directors of each Federal land bank association, production credit association, farm credit district, and the Central Bank for Cooperatives votes to permit its continuation. Bars from the charter of the Federal Farm Credit Banks Funding Corporation (Funding Corporation) provisions that would permit the Funding Corporation to set policy or otherwise assume responsibilities of other FCS institutions with regard to member-borrower services. Directs the FCA, within 30 days of this Act's enactment, to amend the charter of the Funding Corporation to provide for a board of directors. Requires the Funding Corporation to report annually to each FCS bank and association and to specified congressional committees detailing its bond placements, budget, costs, and expenses. Prohibits the FCA from issuing a charter to any new service corporation unless specifically authorized by an Act of Congress. Title VI: Mergers - Amends the Farm Credit Act of 1971 with respect to mergers of various FCS institutions. Provides for a mandatory 60-day cooling off period before a voluntary merger of FCS associations becomes effective. Requires association seeking voluntary merger: (1) to notify stockholders of the meeting date before any meeting at which they will vote on the merger; and (2) to provide a statement of the advantages and disadvantages associated with the merger. Conditions mergers of similar FCS banks on the unanimous approval of the FCA Board. Shifts from the FCA to the FCA Board the responsibility for assuring nondiscriminatory treatment of associations that disapprove mergers. Directs the FCA to issue regulations to provide for and govern reconsideration by stockholders of voluntary mergers of associations between January 1, 1986, and the date of this Act's enactment. Title VII: Boards of Directors - Amends the Farm Credit Act of 1971 to revise membership provisions with respect to the boards of directors of Federal land bank associations, production credit associations, the Central Bank for Cooperatives, and farm credit districts. Permits outside directors for the first two entities and requires them for the latter two. Establishes procedures by which FCS bank stockholders may establish or abolish a separate board of directors. Sets forth membership requirements applicable to such a board. Title VIII: Amendments to Title V of the Farm Credit Act of 1971; Miscellaneous - Amends the Farm Credit Act of 1971 to limit the annual compensation of a farm credit district director to $15,000. Revises membership provisions applicable to the FCA Board, as well as provisions relating to its internal operation and to the responsibilities of the Chairman. Subjects certain of the Chairman's personnel appointments and the Chairman's establishment of advisory committees to Board approval. Grants to the Board additional powers with regard to bank mergers and the salary scale or rate of compensation of certain FCS institution employees. Empowers the FCA to appoint a farm credit appraiser for each farm credit district. Shifts: (1) from the Chairman of the FCA board to the Board itself various determinations affecting examinations of FCS institutions; and (2) from the FCA to the FCA Board certain decision and appointments in connection with receiverships or conservatorships of FCS institutions. Prohibits any farm credit district board, bank board, or bank officer or employee from removing any director or officer of any production credit association or Federal land bank association. Sets forth provisions with respect to FCA examinations of Federal land bank associations, requiring them at least once every five years. Prohibits FCS institutions from contracting for an independent audit of FCS institutions or certain other financial institutions unless the agreement covers no more than two years and is entered into under competitive bidding procedures. Directs each Federal land bank financing all or part of the stock of a Federal land bank association to charge a loan origination fee, to a maximum of two percent of the loan amount, in connection with loans made by a bank to a borrower. Prohibits the financing of such a fee. Prohibits the requirement of Federal land bank association stock prior to full payment of the loan. Excepts loans in default from this prohibition. Requires that Federal land bank or production credit association loan applications clearly state specified information concerning the amount of stock required to be purchased and its retirement. Title IX: Farmers Home Administration Loan Restructuring - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to: (1) implement within 60 days of this Act's enactment a policy under which all nonaccrual farm ownership and operating loans held by the Farmers Home Administration (FmHA) and loans made by a Federal or State chartered bank, savings and loan association, or other legally organized lending agency that have been guaranteed by the Secretary are to be reviewed on a case-by-case basis to determine whether they should be considered for forbearance, restructuring, or liquidation; and (2) provide for a case-by-case review of all high-risk loans held by the FmHA to determine appropriate measures to prevent such loans from becoming nonaccrual loans. Authorizes the Secretary to pursue to final connection all loan-related claims against third parties assigned to the Secretary. Directs the Secretary to: (1) grant forbearance on nonaccrual and high-risk loans to the maximum extent possible to avoid FmHA losses; and (2) to restructure loans in ways that would enable borrower repayments without impairing the borrower's standard of living if specified conditions are met. Requires that the Secretary establish an appeals procedure with respect to loans determined to be ineligible for restructuring. Describes criteria to be met by the appeal process. Prohibits the Secretary from requiring any borrower to provide additional collateral or from foreclosing certain loans as a result of the borrower's failure to do so. Permits a borrower, upon application, to retain possession and occupancy of qualified homestead property for between three and five years in certain cases of foreclosure, bankruptcy, or involuntary liquidation. Describes the eligibility requirements to be met by affected borrowers. Grants to the borrower the right of first refusal with respect to the homestead property at the end of the prescribed occupancy period. Directs the Secretary to permit a borrower to redeem real property acquired through legal process during the year following the date of judgment or the period prescribed under State law, whichever is longer. Applies State law to the redemption process. Fixes priorities as to borrower preference for redemption purchases. Revises farmland disposition provisions to give previous owners or operators the right of first refusal with respect to a lease of a property and preference with respect to the awarding to management contracts governing the property. Authorizes the Secretary to sign a contract to lease land to its owner before the Secretary actually acquires the property. Requires that previous owners be given written notice of the potential sale or lease of property. Applies appeals procedures to denials of applications or disputes with respect to leases or purchase agreements. Directs the Secretary to release from the sale of any loan-securing property an amount sufficient both to assure the borrower's family a reasonable standard of living and to pay all necessary farm operating expenses. Title X: State Mediation Program - Establishes guidelines for State farm loan mediation programs. Enumerates criteria to be met by a State in order to qualify for the matching grant program instituted in this title. Lists the requirements to be met by the farm loan mediation program of a State, including provisions with respect to mediator training and duties and applications for mediation. Creates a program of matching grants to the States under which the Secretary must provide financial assistance to a qualifying State for the operation and administration of its farm loan mediation program. Limits the amount of such a grant to: (1) no more than 50 percent of the costs of the operation and administration of the State's program; and (2) $1,000,000 per year per State. Directs the Secretary to prescribe rules requiring each guarantee or insurance program under the Secretary's jurisdiction to: (1) cooperate in good faith with requests for information or for analysis; and (2) present and explore debt restructuring proposals advanced during the course of any farm loan mediation program. Mandates corresponding rulemaking by the FCA with respect to FCS institutions. Authorizes FY 1988 through 1991 appropriations.
United States · United States Congress · 7 August 1987
Retirement and Survivor Annuities for Bankruptcy Judges and Magistrates Act of 1987 - Establishes a new retirement system for bankruptcy judges and magistrates with 14 or more years of service, or at least eight years of service, upon attaining age 65. Entitles a bankruptcy judge or magistrate who has served at least five years to disability retirement. Provides for cost-of-living adjustments in such retirement system. Requires each bankruptcy judge or magistrate who elects an annuity under this Act to notify the Director of the Administrative Office of the United States Courts. Declares that such judge or magistrate shall not be entitled to an annuity under the civil service system. Declares this Act applicable to service on or after October 1, 1979. Establishes transition provisions for incumbent judges and magistrates. Provides survivors' annuities for bankruptcy judges, magistrates, and incumbents. Authorizes the recall of retired bankruptcy judges and magistrates into service.
United States · United States Congress · 7 August 1987
Intellectual Property Bankruptcy Protection Act of 1987 - Amends Federal bankruptcy provisions to provide that, until and unless a trustee assumes an executory contract or unexpired lease under which the debtor has granted rights in intellectual property, the trustee may not interfere with the grantee's rights: (1) to deal with the intellectual property, as provided in the contract or lease; (2) to gain access to or possession of any information or property in existence which the contract or lease provided would be made available to the grantee; and (3) in the case of a trademark, trade name, service mark, or similar intellectual property, to permit existing grantees to continue the quality assurance procedures of the licensor. Requires that, in cases where the debtor is the grantee under the executory contract or unexpired lease, the trustee, the debtor, and the grantor maintain the confidentiality of any protected information obtained pursuant to the contract or lease to the extent required by applicable nonbankruptcy law.
United States · United States Congress · 7 August 1987
Amends the Internal Revenue Code to allow rural telephone and electric cooperatives to exclude allocations in the nature of patronage dividends when determining net book income for purposes of the minimum tax.
United States · United States Congress · 7 August 1987
Amends the Internal Revenue Code to accord income tax treatment as a qualified cash or deferred arrangement (401(k) plan) to a defined contribution plan established and maintained by a rural telephone cooperative. (Under current law, rural electric cooperatives, but not rural telephone cooperatives, are permitted to offer such plans to their employees.) Applies to such plans the same accounting rules as are currently applied to the plans of rural electric cooperatives.
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 · 6 August 1987
Federal Aviation Administration Independent Establishment Act of 1987 - Establishes the Federal Aviation Administration as an independent Federal agency to succeed the Federal Aviation Administration of the Department of Transportation. Transfers to such independent agency all functions vested in the Federal Aviation Administration currently in the Department of Transportation, and all functions vested in such Department which are administered through the Federal Aviation Administration or are related to it. Authorizes appropriations.
United States · United States Congress · 3 August 1987
Technology to Educate Children With Handicaps Act - Amends the Education of the Handicapped Act to add provisions for assistive device resource centers. Directs the Secretary of Education to make grants to States to pay the Federal share of the cost of establishing assistive device resources centers. Directs the Secretary to make State allotments based on the number of handicapped children. Sets forth a minimum State allotment. Requires that each center serve: (1) severely handicapped infants and toddlers; (2) severely handicapped children and youth; and (3) severely handicapped individuals who have attained 21 years of age if the State plan prescribes a targeted population of such individuals. Requires each center to: (1) train and assist specialists in local educational agencies and nonprofit community organizations to evaluate a handicapped student's potential to benefit from assistive devices; (2) instruct teachers, therapists, paraprofessionals, parents, and handicapped students in the appropriate use of assistive devices; (3) provide follow-up services and collect data to determine the effectiveness of the services provided; (4) develop a statewide service delivery system for severely handicapped children; (5) be able to assist in the development of assistive devices to meet the needs of handicapped individuals; (6) disseminate information to local educational agencies and nonprofit community organizations; and (7) provide in-service training to specialists, teachers, parents, and others on the benefits of assistive devices to promote improved educational performance and increased interaction between handicapped and nonhandicapped individuals. Requires each State to assure priority of services for handicapped children from birth through age 21. States that nothing in this Act precludes the provision of center services to handicapped individuals who are no longer eligible for services under the Education of the Handicapped Act. Requires each center to establish an Advisory Committee. Prohibits Federal funds from being used for the operations of such Committee. Sets forth required contents of State allotment applications. Allows any public agency or private nonprofit organization or institution to apply to a State for a grant to establish a center. Makes the Federal share of the cost 70 percent in FY 1988, 65 percent in FY 1989, and 60 percent in FY 1990. Authorizes appropriations to carry out this Act.
United States · United States Congress · 31 July 1987
Extends for one month, from September 15 to October 15, 1987, the authority of a bankruptcy trustee to pay benefits to retired former employees under a plan, fund, or program maintained or established by the debtor (through the purchase of insurance or otherwise) for the purpose of providing medical, surgical, or hospital care benefits, or benefits in the event of sickness, accident, disability, or death.
United States · United States Congress · 29 July 1987
Rulemaking Procedures Reform Act of 1987 - Revises the definition of "rule" under the Administrative Procedure Act. Declares that such term does not include agency statements involving a matter relating to public property or contracts or general statements of policy of the Tennessee Valley Authority except where statutorily required. Makes provisions for a Federal agency to promulgate an emergency rule, which shall terminate 120 days after its effective date. Requires agencies, after general notice in the Federal Register, to give interested parties not less than 60 days to participate in any rulemaking, except those for emergency rules. Requires an agency to transmit to the appropriate congressional committees an agenda listing all areas in which the agency intends to propose rules during the next 12-month period. Requires an agency, on the day it forwards a recommended final rule to the Federal Register, to transmit a copy to the Secretary of the Senate and the Clerk of the House of Representatives for referral to the appropriate congressional committee. Subjects recommended final rules to the congressional veto procedure. Prohibits major rules from taking effect before 90 days, and nonmajor rules before 45 days, after submission to the Congress. Allows recommended final rules to become effective after the day on which either House of Congress rejects a joint resolution of disapproval. Requires the resubmission to the next Congress of any recommended final rule which is subject to the veto procedure at the time the current Congress adjourns sine die. Allows an agency to issue a recommended final rule which relates to the same acts or practices as a rule which did not become effective. Sets forth general requirements for such an amended rule. Declares that congressional inaction or rejection of a joint resolution of disapproval with respect to a recommended final rule shall not be deemed an expression of approval of such rule. Sets forth procedures for consideration of such joint resolutions of disapproval. Makes it out of order in the House or Senate to vote on final passage of any bill or resolution making appropriations for an agency which has issued a rule that the Congress has disapproved, unless such bill or resolution prohibits the use of appropriations to carry out such rule.
United States · United States Congress · 29 July 1987
Directs the Secretary of Agriculture to establish a research program that includes: (1) developing technology for the rapid identification of infectious agents and toxins on farms and within the processing and distribution chain; (2) establishing a statistical framework for purposes of health risk assessment related to contamination of the animal product food chain by these infectious agents and toxins; (3) analyzing the animal product food chain to determine the most effective point for preventive intervention; and (4) developing techniques to monitor the production, processing, and distribution of food animals and their food product derivatives in order to detect potential microbiological or chemical agents. Authorizes the Secretary to award grants for the funding of projects to decrease the susceptibility of food products of animal origin to infectious or toxic agents. Identifies entities eligible for such grants. Authorizes appropriations.
United States · United States Congress · 24 July 1987
Amends title XVIII (Medicare) of the Social Security Act to consider the aggregate number of resident workers who commute from the county in which a hospital is located to contiguous metropolitan statistical areas, rather than only considering the number of workers commuting to a single metropolitan area, for the purpose of determining whether such hospital should be paid at urban rather than rural rates.
![Official portrait of Sen. Heflin, Howell [D-AL]](https://www.congress.gov/img/member/h000445_200.jpg)