United States · United States Congress · 3 February 1988
Includes inspectors for the Immigration and Naturalization Service, inspectors for the United States Customs Service, and revenue officers for the Internal Revenue Service among those employees entitled to immediate retirement (early retirement).
United States · United States Congress · 2 February 1988
Amends the Toxic Substances Control Act to extend the deadlines by which local educational agencies must inspect school buildings for friable asbestos-containing materials, develop and implement operation and maintenance and management plans for such materials, and obtain State approval of such management plans. Amends the Asbestos School Hazard Abatement Act of 1984 to increase and extend the authorization of appropriations for the asbestos abatement program through FY 1992.
United States · United States Congress · 1 February 1988
Authorizes the Senate Special Committee on Aging, from March 1, 1988, through February 28, 1989, to: (1) make expenditures from the contingent fund; (2) employ personnel; (3) utilize, on a reimbursable basis, the services of department or agency personnel; (4) procure consultant services; and (5) provide for the training of its professional staff.
United States · United States Congress · 26 January 1988
Veterans' Compensation Cost-of-Living Adjustment Act of 1988 - Directs the Administrator of Veterans Affairs to increase the rates of veterans' disability compensation and the rates of dependency and indemnity compensation paid to the survivors of disabled veterans by the Veterans Administration. Provides that certain payments that were increased under the Veterans' Compensation Cost-of-Living Adjustment Act of 1987 are to be further increased by the same percentage that benefit amounts payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act are increased as of a specified date (such percentage increase being determined by the cost-of-living increase as referenced by the Consumer Price Index). Requires the Administrator to publish such increases in the Federal Register at the same time that increases under title II of the Social Security Act are required to be published.
United States · United States Congress · 25 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Declares the tax inapplicable in connection with sales of these fuels for use on a farm for farming purposes. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)
United States · United States Congress · 22 December 1987
Thanks the Honorable John C. Stennis, President pro tempore, for the manner in which he presided over the Senate during the first session of the 100th Congress.
United States · United States Congress · 19 December 1987
Indian Reservation Special Magistrate Demonstration Project and Law Enforcement Act of 1987 - Directs the President to appoint special magistrates to serve the Indian reservation designated by the Secretary of the Interior from among those reservations over which the Government exercises criminal jurisdiction and on which reside Indian tribes whose governing bodies have requested the appointment of a special magistrate. Prohibits more than one of the special magistrates from serving one of the designated Indian reservations. Prohibits the appointment of an individual as a special magistrate unless such person has for at least five years been a member in good standing of the bar, of the highest court of the state, or one of the states, in which he or she is to serve. Directs the President to give preferential consideration to sitting U.S. magistrates who meet the qualifications of this Act and are already reasonably available. Requires, upon appointment and confirmation, a special magistrate to reside within, or reasonably adjacent to, the reservation to be served. Specifies the powers and duties of special magistrates. Provides for remand of custody of defendants to the appropriate law enforcement officials in cases where the magistrate determines that there is no Federal jurisdiction over an offense brought within his or her court. Sets forth provisions governing the practice and procedure for the trial of cases before such special magistrates. Allows any defendant to be assisted by a lay spokesman of his or her choice. Provides that such assistance shall not be considered the practice of law or a waiver of the right to appointed counsel in any case. Provides that, where a defendant requests a trial by jury, only persons who actually reside within the reservation in which the offense is alleged to have been committed shall be eligible to serve on the six-member jury panel. Directs that each special magistrate maintain a list of eligible persons residing within the reservation. Authorizes tribal police officers, Bureau of Indian Affairs police officers, and Federal, State, and local law enforcement officers, acting within their jurisdictions, to execute warrants, summonses, subpoenas, or orders which a special magistrate is authorized to issue in criminal cases arising within the Indian country, or under the general rules of Federal criminal procedure or the Federal rules of procedure for the trial of minor offenses before the U.S. magistrates. Applies the provisions of the Court Interpreters Act of 1978 to trials before special magistrates appointed under this Act. Makes any acts or conduct constituting a contempt of U.S. district court a contempt of court when committed before a special magistrate, with the same procedures governing. Provides that the periodic training programs and seminars conducted by the Federal Judicial Center for magistrates, including an introductory training program for new magistrates which must be held within one year after their initial appointment, be made available to special magistrates appointed under this Act. Authorizes appropriations. Directs the Attorney General to appoint such additional assistant U.S. attorneys in each judicial district as necessary to prosecute all crimes and offenses committed within any Indian reservation, or any portion of Indian country, in such district. Requires the Attorney General to appoint at least one assistant U.S. attorney to prosecute crimes and offenses before each special magistrate appointed under this Act. Directs the Secretary to report to the Congress, within four years of the date of enactment of this Act, on the demonstration project carried out under this Act, including recommendations regarding its continuation.
United States · United States Congress · 17 December 1987
Deplores the Soviet Government's active persecution of religious believers in the Ukraine and its forcible liquidation of the Ukrainian Orthodox and Ukrainian Catholic Churches. Discourages official participation by the U.S. Government in ceremonies of the Millennium of Christianity in Kievan Rus' so long as: (1) individuals are harassed and imprisoned for their religious beliefs and denied access to religious literature and instruction; and (2) the Ukrainian Catholic and Orthodox Churches remain outlawed. Sends greetings to the Ukrainian people on the Millennium. Urges the President, the Secretary of State, the U.S. delegation to the United Nations, and the U.S. delegation to the Vienna Review Meeting of the Conference on Security and Cooperation in Europe to continue to speak out forcefully against violations of religious liberty throughout the Soviet Union and, specifically, in the Ukraine. Calls upon the Soviet Government to release all those imprisoned for their religious beliefs and legalize the Ukrainian Orthodox and Ukrainian Catholic Churches.
United States · United States Congress · 15 December 1987
Vocational Rehabilitation Agency Reimbursement Act of 1987 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require payments for reimbursement of costs for rehabilitation services under the OASDI program to be made for each fiscal year in advance, in the amount of the reasonable and necessary costs of vocational rehabilitation services furnished during the preceding fiscal year ending September 30 of the preceding calendar year, increased or decreased by underpayments or overpayments in the preceding fiscal year. Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to require that payments for rehabilitation services for blind and disabled individuals under SSI to be made in the same manner and under the same requirements as OASDI payments.
United States · United States Congress · 8 December 1987
Amends the Federal Financing Bank Act of 1973 to state that any borrowing agreement between the Federal Financing Bank and the Rural Electrification Administration shall remain in effect until superseded by a subsequent agreement.
United States · United States Congress · 3 December 1987
Forest Wildfire Emergency Pay Equity Pay Act of 1987 - Allows Federal forest firefighters to be paid overtime without limitation while serving during forest wildfire emergencies.
United States · United States Congress · 20 November 1987
Geothermal Steam Act Amendments - Amends the Geothermal Steam Act of 1970 to provide that if geothermal steam is produced or utilized in commercial quantities under an approved operation within any lease or administrative lease extension period, such lease shall continue for so long as geothermal steam is produced (or utilized) in commercial quantities, for a maximum continuation of an additional 40 years. Sets forth conditions under which geothermal leases in effect as of the date of enactment of this Act shall be extended for a maximum of three successive five-year periods. Requires the Secretary of the Interior to review any cooperative or unit plan of development every five years after approval in order to eliminate any lease or part of a lease not regarded as reasonably necessary to cooperative or unit operations. Requires such elimination to be based on scientific evidence, and only upon the Secretary's determination that it is for the purpose of conserving and properly managing the geothermal resource. States that for purposes of specified Federal law, significant thermal features within the National Park System shall include features designated as significant in a certain Federal Register notice. Amends Federal law (Continuing Appropriations, Fiscal Year 1987), to direct the Secretary to include in geothermal drilling permits stipulations necessary to protect significant thermal features within specified units of the National Park System where use of permit lands is reasonably likely to adversely affect such features. (Current law restricts such stipulation to geothermal leases). Requires the Secretary, as part of a geothermal monitoring program, to establish a research program to collect and assess data on geothermal resources within units of the National Park System with significant thermal features. Requires the United States Geological Survey to study and report to the Congress the impact of geothermal development in the vicinity of Yellowstone National Park upon thermal features within the Park. Prohibits geothermal well production or development in the Corwin Spring Known Geothermal Resource Area until 180 days after the Congress receives such study. Requires the Secretary to make recommendations to the Congress regarding the acquisition of geothermal rights necessary to protect Yellowstone National Park thermal resources if it is determined under the study that geothermal drilling may adversely affect such resources. Prohibits the Secretary from issuing, extending, or modifying any geothermal lease or drilling permit in the Corwin Spring Known Geothermal Resource Area until 180 days after the Congress receives such study.
United States · United States Congress · 19 November 1987
Act for Better Child Care Services of 1987 - Authorizes appropriations for FY 1988 and such sums as necessary for FY 1989 through 1992 to carry out the purposes of this Act. Specifies the manner of making allotments for child care services. Requires the designation of a lead agency in each State which participates in the programs under this Act. Requires States to submit, in order to qualify for assistance under this Act, an application and plan to the Secretary of Health and Human Services. Requires each plan to cover a five-year period and to meet specified requirements for providers of child care services. Authorizes the use of State allotments: (1) by contracts with or grants to eligible child care providers, or public or private nonprofit agencies, to enable such providers or agencies to operate programs directly or by subcontract; or (2) by distributing child care certificates that parents may use as payment for child care services. Requires that a percentage of funds be reserved to enable part-day programs to extend existing hours of operation and provide full-day child care services. Authorizes the Secretary to make planning grants to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Requires the Governor of each participating State to establish: (1) a State interagency advisory committee on child care to assist the lead agency in carrying out its responsibilities; and (2) a State committee on licensing to review the licensing requirements, the law, and the policies regulating child care services and programs within State. Requires each participating State to recognize private nonprofit community-based organizations, or public organizations, as resources and referral agencies for particular geographic areas. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of inservice, continuing education, or other training as described in this Act. Directs the Secretary to establish within the Department of Health and Human Services an Administrator of Child Care to carry out the provisions of this Act. Establishes enforcement provisions for review of State plans and monitoring of State compliance. Declares the Federal share of child care programs to be 80 percent and requires the State to demonstrate that the remaining 20 percent will be provided from other sources. Requires the Secretary to establish a National Advisory Committee on Child Care Standards to: (1) review Federal policies on child care services and such other data as appropriate; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resources and referral agencies. Terminates the committee 90 days after the date of publication of final minimum child care standards. Prohibits the use of funds under this Act for: (1) sectarian purposes or activities; (2) capital improvements to sectarian institutions; and (3) tuition.
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 · 6 November 1987
Medicare Appeal Rights Preservation Act of 1987 - Provides that, during the six months after enactment of this Act, any hearing conducted under provisions of the Social Security Act relating to determination of entitlement to and amount of benefits under title XVIII (Medicare) of such Act shall be conducted by administrative law judges employed by the Social Security Administration to the same extent and in the same manner as are hearings conducted under specified provisions of title II (Old Age, Survivors, and Disability Insurance) (OASDI) of such Act. Prohibits requiring, as a precondition to receiving such a Medicare hearing with respect to a claim for not less than $500 under part B (Supplementary Medical Insurance for Aged and Disabled) of such Act, participation in a hearing under provisions relating to use of carriers for administration of benefits. Directs the Comptroller General, in consultation with the Secretary of Health and Human Services, to conduct a study of the feasibility of conducting such Medicare hearings on other than an in-person basis before administrative law judges of the Social Security Administration.
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
Directs the Secretary of the Interior to grant a life estate special use permit to two named individuals to use described property in Glacier National Park.
United States · United States Congress · 3 November 1987
Medicare Adult Day Health Care Amendments of 1987 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for the establishment of adult day health care programs providing certain medically supervised health services furnished by an adult day health care center in an ambulatory group care setting on a less than 24-hour basis to individuals who are 18 years of age or older and: (1) have a medical or mental impairment that, but for the provision of adult day health care, would require the provision of care in a hospital or in a skilled or intermediate care facility; or (2) cannot perform on a daily basis certain activities of daily living. Sets forth standards for such a center. Sets forth matters which, as a condition of payment, must be certified by an existing State program which determines eligibility under title XIX (Medicaid) of the Social Security Act or by a State-administered preadmission screening program meeting certain minimum requirements. Makes deductibles inapplicable to adult day health care, requiring only the payment of a specified coinsurance amount. Provides for the evaluation of plans of correction submitted by centers found not to meet the conditions of participation and for sanctions against such centers, in lieu of cancellation of certification, including civil fines and suspensions of payments. Directs the Secretary of Health and Human Services to issue regulations regarding adult day health care programs. Requires the Secretary to adopt the standards established by the National Institute of Adult Day Care as the minimum standards for qualifying as a provider of such care.
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 · 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 · 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 · 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 · 7 October 1987
Amends the Internal Revenue Code with respect to the valuation of farm land for estate tax purposes. Permits a decedent's spouse who acquires farm and other real property as a result of the decedent's death to enter into a cash lease of such property with a family member and still have the property valued under use value principles rather than according to its highest and best use. Applies retroactively to leases for periods after December 31, 1976, of qualified real property of decedents dying after the same date.
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 · 1 October 1987
United States Coinage Reform Act of 1987 - Requires that one dollar coins be gold colored, be at least 90 percent copper, and be fabricated in the United States from natural deposits located in the United States. Redesigns the obverse side of the dollar coin to symbolize the 500th anniversary of the discovery of the New World by Christopher Columbus. Requires the Secretary of the Treasury to place such coins into circulation within 18 months. Directs the Secretary to conduct a study and report to the Congress on the advisability of phasing out production of the one-cent and 50-cent coins and of rounding cash sales to the nearest five cents.
United States · United States Congress · 25 September 1987
National American Indian Museum and Memorial Act - Title I: Establishes within the Smithsonian Institution a memorial to the American Indian people to be known as the National Museum of the American Indian, Heye Foundation, to provide for the study, research, collection, and exhibition of aboriginal Americans and their culture. Designates a specified area in the District of Columbia as the site of the Museum. Authorizes the Smithsonian to accept the transfer of all assets of the Museum of the American Indian, Heye Foundation, in New York City. Provides for the construction of a building for the Museum at the District of Columbia site, a Museum Support Center in Suitland, Maryland, and a permanent exhibition facility in New York City. Provides that the Heye Foundation's collection will not be merged with the Smithsonian's collection. Provides that the proceeds from the sale of property acquired through the transfer of the Foundation's assets will be maintained for the exclusive benefit of the Museum. Establishes the Trustees of the National Museum of the American Indian, Heye Foundation, to assist the Board of Regents of the Smithsonian on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) determine the policy for displaying artifacts. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Pledges that the United States will provide the funds needed to maintain and operate the Museum. Authorizes appropriations. Title II: Establishes a memorial within the Museum to commemorate the contributions of Indians and Alaska Natives to the United States and to house certain skeletal remains. Expresses the intent of the Congress that the memorial and Museum be completed within five years of the enactment of this Act. Requires the Secretary of the Smithsonian to determine the tribal origin of all skeletal remains of Indians and Alaska Natives under the control of the Smithsonian. Requires the Secretary to inter in the memorial all skeletal remains of Indians and Alaska Natives covered by a written statement to the Congress certifying that such remains: (1) have not been identified as being associated with a specific Indian tribe or group of Alaska Natives; or (2) have been identified as being associated with a specific Indian tribe or group of Alaska Natives which requests the interment of such remains in the memorial; and (3) are not likely to be the subject of any Indian claim or dispute. Requires the Museum to establish a Board of Design for the memorial, the majority of whose members shall be of American Indian or Alaska Native ancestry. Authorizes appropriations.
United States · United States Congress · 22 September 1987
Authorizes the Secretary of the Interior to: (1) establish the Lewis and Clark National Historic Site in Montana; and (2) enter into cooperative and management agreements with the State of Montana for rescue, firefighting, and law enforcement services with respect to such site. Specifies those lands which the Secretary is authorized to acquire for the establishment of such site. Provides that such land shall revert to the State of Montana if the Secretary uses such lands for any purpose other than as authorized under this Act. Authorizes appropriations, including specified sums for the construction of a visitor center.
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 · 17 September 1987
Coronado National Trail Study Act of 1987 - Amends the National Trails System Act to provide for a study of the Coronado Trail, the route taken by the Spanish explorer through Arizona, New Mexico, Texas, Oklahoma, and Kansas, for inclusion in such System.
United States · United States Congress · 16 September 1987
Acknowledges the historical debt of the United States to the Iroquois Confederacy and other Indian nations for their demonstration of democratic principles and their example of a free association of independent Indian nations. Reaffirms the government-to-government relationship between the United States and Indian tribes. Reaffirms the trust responsibility and obligation of the Government to Indian tribes, including Alaska Natives. Acknowledges the need to exercise good faith in upholding treaties with the various tribes.
United States · United States Congress · 11 September 1987
Declares that the Senate: (1) congratulates the people and the loyal military of the Philippines for their success in ending the attempted overthrow of the Government; (2) renews its support for the efforts of President Corazon Aquino to pursue the development of democratic institutions; (3) supports military assistance to the Philippine Government to assist in defeating the Communist insurgency; (4) supports continued economic assistance to the Philippine Government; (5) calls attention to current U.S. law which requires suspension of U.S. military or other assistance if an elected head of the Philippine Government is deposed by military coup or decree; and (6) urges the Philippine Government to increase its efforts to address the problems of corruption within the Government.
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
Title I: Indian Education - Indian Education Amendments Act of 1987 - Amends the Education Amendments of 1978 to authorize funding for each school or dormitory which: (1) was a Bureau funded school on January 1, 1987, including schools, dormitories, grade levels or other programs operating or authorized on that date; or (2) becomes a Bureau funded school after January 1, 1987. Prohibits the Secretary of the Interior from terminating, transferring, contracting to any other entity, consolidating, or substantially curtailing a Bureau funded school, except as provided by a provision of law or as requested by resolution of a tribal governing body representing 90 percent or more of the school's students. Directs the Secretary to report any action against a Bureau funded school that is under consideration to the affected tribal governing body and the local school board. Directs the Secretary to provide that those bodies are: (1) kept informed during consideration; (2) afforded opportunities to comment; and (3) notified at least six months before the end of the school year preceding the proposed effective date if a decision is made to take the action. Authorizes the Secretary to take a temporary action if it is: (1) required by an immediate hazard to the health or safety of the school's students; (2) confirmed by an inspector designated by a tribal governing body; and (3) limited to the shortest possible period. Allows an extension of the temporary period if approved by a tribal governing body representing 90 percent of the school's students. Directs the Assistant Secretary to prescribe regulations governing the expansion of programs at Bureau funded schools and providing for the eligibility determination to be based on geographic and demographic factors and the history of: (1) the school proposing the expanded program; and (2) the public schools or alternate providers of the services which the school proposes to provide. Expands the Bureau funded schools at the Pueblo of Zia and the Tama Settlement to include kindergarten through grade eight. Allows the waiver of dormitory criteria in the same manner as the waiver of minimum academic standards. Prohibits the closing, consolidation, or substantial curtailment of Bureau schools because they do not meet established applicable standards. Requires the Assistant Secretary to submit a report to the Congress detailing the actions needed to comply with applicable standards. Provides that the regulations on Federal schools for Indians, Indian education policies, transfer of Indian education functions, the Indian school equalization program, students' rights, and control of student records in Bureau schools shall remain in effect after passage of this Act, and can be changed only as provided in a law passed after this Act. Allows the Secretary to waive a provision of the regulations for the benefit of an Indian if the waiver is: (1) not contrary to another law; and (2) complies with the Secretary's reserved authority to waive his regulations. Deletes the provision requiring an individual to have one-fourth or more degree of Indian blood as a condition for receiving Indian education funds and removes loans as a type of assistance available. Requires that beginning with FY 1989 the Secretary shall modify the formula for minimum annual funds for each school by: (1) using a weighted student unit of 1.2 for students in the seventh and eighth grades; (2) considering a school with an average daily attendance of less than 50 students as having an average daily attendance of 50 students for implementing the small school adjustment factor; and (3) allowing residential services on a less than nine-month basis. Requires the Secretary to give each Bureau funded school an administrative cost allowance. Defines such allowance to mean the amount provided for specified financial and management services. Revises the authority of supervisors of Bureau schools to expend up to $25,000 without competitive bidding. Allows such spending if: (1) the cost of any single item does not exceed $10,000; (2) the school board approves the procurement in advance; (3) the supervisor certifies the cost is fair and reasonable; (4) procurement documents cite this authority; and (5) the transaction is documented in a journal. Authorizes tribes whose children are served by a Bureau school to enter into a cooperative agreement with a local education agency involving coordination of the academic program, support services, and transportation. Amends the policy of facilitating Indian control of education to include the Secretary in addition to the Bureau. Requires the Secretary, before changing any policy or regulation relating to education programs or support services, to consult with the tribe and also to hold meetings in various localities around the United States Requires the Secretary to publish a notice of each meeting in the Federal Register and send it to school boards and local parent committees in the Bureau's geographic administrative area where the meeting will occur. Requires the Secretary to assure that each meeting includes information on: (1) Indian education related budget or policy proposals; and (2) regulatory, procedural, or administrative changes which will be made or which may be considered in the six months following the meeting. Directs the Secretary to report any violation of this section to the Congress. Requires that the Secretary's annual report to congressional committees to include information about compliance with the policy for Indian control of Indian education, the recommendations received from Indian organizations, and the Secretary's reasons for not carrying out such recommendations. Allows the waiver of applicability of Indian preference laws to apply to applicants in addition to employees. Directs the Assistant Secretary to conduct studies for a report to Congress comparing compensation in Bureau schools with the nearest public schools, with detailed information on: (1) the current salaries and personnel benefits; (2) a comparison of starting salaries, tenure, length of service, education requirements, length of work year and fringe benefits; and (3) a projection of compensation figures for compensation in Bureau and public schools over the next five years. Provides that the cost of the studies and the report will be paid from appropriations for the Bureau's Management and Administration Subactivity of the General Administration Activity. Requires the Assistant Secretary to conduct studies of compensation in Bureau schools. Authorizes contracts with Indian education organizations for completing such studies. Permits the Assistant Secretary to authorize post differentials unless the disparity in compensation between Bureau schools and public schools does not meet a specified level. Authorizes the Assistant Secretary or the supervisor of a school to discontinue or decrease a post differential if: (1) the local school board requests such action; or (2) the Assistant Secretary or supervisor determines no disparity affecting recruitment exists. Requires the Assistant Secretary to report to the Congress annually on the requests and grants of authority for post differentials. Makes the Indian preference provisions of the Indian Reorganization Act applicable to any position within the Office of Indian Education or the Department of Education administering the Indian Education Act of 1972. Title II: Self Determination Grants - Indian Schools Operations Agreements Act of 1987 - Declares the Congress' commitment to maintain the Government's trust relationship with the Indian people. Affirms that the educational needs of the Indian people can best be met through a grant process. Repudiates the unilateral termination of Federal relations with any Indian nation. Provides that grants will go into a general operating fund to pay expenses for educational purposes but not for religious or sectarian instruction. Prohibits administrative costs from exceeding the amount which the Secretary would expend if the Secretary operated the school. Requires grantees which operate more than one school site to expend at least 95 percent of the funds provided for a particular school at that location. Requires a tribally controlled school, to be eligible for grants, to have: (1) received funds under the Indian Self-Determination and Education Assistance Act on the date of enactment of this Act; (2) received a determination of eligibility from the Secretary and been operated by the Bureau on the date of enactment of this Act; or (3) complied with the requirements of an eligibility study and not have previously received Bureau funds. Provides that any application submitted for a school not in operation on the date of the enactment of this Act shall be reviewed under the guidelines in effect at the time of submission. Requires the Secretary, after receiving an application for a grant, to make an initial determination of whether the applicant can maintain a tribally controlled school and to award a grant unless he finds the services provided will be harmful to the Indian beneficiaries. Directs the Secretary, after receiving a request by an Indian tribe for a grant for a tribally controlled school not previously funded by the Bureau, to conduct an eligibility study. Sets forth criteria for the Secretary to make grants, including demographic and geographic factors. Directs the Secretary, if he declines to issue or modify a grant under this title, to: (1) give the tribe a written explanation; (2) provide assistance to overcome all stated objections; and (3) give the tribe a hearing. Requires an application for expansion of the grade levels offered or modifications to initiate residential services by eligible tribally controlled schools, but not for expansion or a change of services or programs within grade levels. Requires the Secretary, if he rejects a proposed expansion, to provide the same assistance as required for declining to modify or issue a grant. Requires the Bureau to submit an annual report to the Congress on all applications received and actions taken. Requires tribally controlled schools meeting at least one of the criteria for eligibility or which have a positive determination of eligibility to receive a grant. Provides that eligibility determinations will only be made for the initial grant and an extension will be automatic. Defines satisfactory performance as the submission of one of a list of specified reports and one of the following: (1) certification by a State or regional accrediting association; (2) accreditation by a Tribal Division of Education; (3) acceptance of specified standards under the Education Amendments of 1978; and (4) a positive evaluation conducted once every three years for performance under specified standards. Provides that grants will not terminate, modify, suspend, or reduce the Federal responsibility to provide such a program. Requires the Secretary, before making a determination of a lack of satisfactory performance or reassuming a program, to provide notice to the tribal authority authorizing the school. Sets forth minimum levels for grants to be made to each tribally controlled school for each fiscal year. Provides that grantees will not be held accountable for interest earned on grant funds. Requires that provisions of the Indian Self-Determination and Education Assistance Act relating to reporting and audit requirements, criminal activities involving grants, wage and labor standards and preference requirements for grants, personnel policies, rescission of contract authority, and sovereign immunity, except for indirect costs and length of contract, will apply equally to grants under this title. Requires the Director of the Office of Indian Education Programs to review and approve applications for grants and modifications. Title III: Other Programs of Indian Education - Amends the Indian Elementary and Secondary School Assistance Act to extend the authorization for appropriations for grants to local educational agencies through FY 1993. Amends the Indian Education Act to authorize appropriations for grants to students through FY 1993. Deletes the provision limiting the authorization of appropriations for FY 1987 to FY 1989 to the same level as FY 1986. Extends the authorization for fellowships for Indian students through FY 1993. Authorizes appropriations for FY 1989 and the following four fiscal years. Continues the National Advisory Council on Indian Education through FY 1993. Revises the definition of the term "Indian" for purposes of such Act to include tribal "members" as defined by the tribe. Requires the Secretary of Education to establish American Indian Gifted and Talented Centers located at Sinte Gleska College and the Navajo Community College and to make grants to such colleges and the American Indian Higher Education Consortium for demonstration projects. Provides that the demonstration projects may include: (1) identifying the needs of gifted and talented students; (2) conducting educational activities to meet the needs of such children; (3) using public television; (4) developing leadership programs capable of replication throughout the United States; and (5) conducting research on the needs of such children and their families. Authorizes appropriations for FY 1988 through FY 1993. Title IV: Navajo Community College - Amends the Navajo Community College Act authorization of appropriations to include funds for: (1) maintenance and operation; (2) capital improvements; (3) mandatory payments; and (4) supplemental student services. Increases the amount that may be granted to the Navajo Community College per Indian student. Limits grants to the greater (was the lesser) of: (1) the amount determined based on the total number of students; or (2) the total annual cost of the college's education program.
United States · United States Congress · 7 August 1987
United States Court of Military Appeals Improvements Act of 1987 - Amends general military law under the Uniform Code of Military Justice (UCMJ) to revise provisions relating to the establishment and operation of the United States Court of Military Appeals (the Court). Establishes the Court under Article III of the U.S. Constitution (currently established under Article I), and allows judges appointed to the Court to hold office during good behavior (currently, such appointment is limited to 15 years). Directs the Chief Justice of the United States (currently, the President) to designate a judge of the U.S. Court of Appeals to sit as a judge of the Court in place of a temporarily absent judge of the Court. Authorizes the Chief Justice to designate a judge to replace a judge on the Court who has excused himself from hearing a certain case. Directs that a judge of the Court shall be eligible to take senior status under the same terms and conditions as apply to a judge of the U.S. Court of Appeals, and shall be eligible to sit from time to time as a judge on the U.S. Court of Appeals as designated by the Chief Justice of the United States. Authorizes the Court to accept facilities and support furnished by the Department of Defense, directing the Secretary of Defense to furnish such support as requested by the Chief Judge of the Court. Exempts judges of the Court from payroll deductions for Federal retirement pay. Clarifies (by way of technical changes) that judges of the Court are to be considered Federal employees for purposes of other Federal retirement provisions. Urges and requests the President to nominate for appointment as judge of the Court each judge who is currently serving as judge on such Court. Authorizes each judge who is currently receiving retired pay from service on the Court to continue to receive such pay under current Federal law.
United States · United States Congress · 7 August 1987
SSI Improvement Amendments of 1987 - Title I: SSI Amendments Related to Health Care - Subtitle A: Personal Needs Allowance Changes - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to increase SSI benefits payable to residents of medical facilities. Provides for cost-of-living adjustments of such benefits. Requires States making supplementary payments to residents of medical facilities who are receiving SSI benefits to increase and then maintain them at the increased level. Continues the provision of full SSI benefits to individuals whose institutionalization is likely not to exceed three months during a continuous period of institutionalization and who need to continue to maintain and provide for the expenses of the home or living arrangement to which he or she may return after institutionalization. Subtitle B: Continuation of Medicaid Upon Loss of SSI Eligibility - Amends the SSI program to treat individuals who are ineligible for SSI benefits by reason of their receipt of widow's or widower's insurance benefits under the OASDI program as SSI recipients for purposes of title XIX (Medicaid) of the Act. Amends the Employment Opportunities for Disabled Americans Act to make a provision of such Act, treating individuals who are ineligible for SSI benefits by reason of their entitlement to, or an increase of, child's insurance benefits under the OASDI program as continuing to receive SSI benefits for Medicaid-eligibility purposes, applicable to individuals who become ineligible for SSI benefits after 1980. Extends, until July 1, 1988, the deadline for disabled widows or widowers who became ineligible for SSI benefits by reason of the increase in OASDI benefits caused by the Social Security Amendments of 1983 to apply for Medicaid coverage. Title II: SSI Amendments Related to Emergency Assistance - Amends the Deficit Reduction Act of 1984 to permanently disregard in-kind assistance provided by nonprofit organizations to SSI or AFDC recipients in determining the need or eligibility of such recipients. Amends the SSI program to authorize the Secretary of Health and Human Services to make an emergency cash advance to presumptively eligible individuals who initially apply for SSI benefits up to the amount which would be payable for the first month to an eligible individual with no other income. Extends Federal reimbursement of State interim SSI assistance to cover such assistance provided for the period during which: (1) an individual's benefits were erroneously terminated or suspended; or (2) an issued benefit check was lost or stolen before being negotiated and was not promptly replaced. Prohibits individuals who are in a public emergency shelter for the homeless for more than 12 consecutive months from being eligible for SSI payments. (Currently, SSI eligibility terminates when an individual has been in such shelter for more than three months in a 12-month period.) Title III: SSI Amendments Related to the Blind - Entitles individuals who are applying for or receiving SSI benefits on the basis of blindness to elect to receive either supplementary notice by telephone or initial notice by certified mail of any determination made or other action taken with respect to such individual's SSI rights. Directs the Secretary to study the desirability and feasibility for extending such notification rights to other individuals who may lack the ability to read. Title IV: SSI Amendments Related to Treatment of Certain Income and Resources - Eliminates the SSI benefits reduction imposed on persons living in another's household and receiving support and maintenance in kind if such person pays a reasonable portion of the household expenses. Excludes from SSI income eligibility determinations: (1) retroactive Old Age, Survivors and Disability Insurance (OASDI) (title II of the Act) benefits which are attributable to benefit underpayments for prior months; and (2) payments under part A (Aid to Families with Dependent Children) of title IV of the Act. Excludes from SSI resource eligibility determinations: (1) interest and appreciation on amounts set aside to meet burial and related expenses; (2) real property which, for specified reasons, cannot be sold; and (3) amounts received under the OASDI program or the SSI program for the underpayment of benefits within the preceding 12 months. (Currently, the last exclusion applies to reimbursement for underpayments within the preceding six months.) Reduces, from six months to one month, the period during which the income and resources of separated couples must be treated as jointly available for SSI eligibility purposes. Waives the one-month separation requirement where an individual applying for benefits has been the victim of domestic violence or other emergency circumstances exist. Directs the Secretary, where necessary to avoid undue hardship, to suspend the penalties applied when individuals become SSI eligible by disposing of their resources at less than market value. Applies such penalties only where resources were disposed of within the past 24 months at more than $3,000 below their market value. Amends the Employment Opportunities for Disabled Americans Act to authorize States to treat a husband and wife living in the same medical facility, whether or not they share a room as though they were an SSI-eligible individual and his or her eligible spouse rather than two eligible individuals. Excludes death benefits from an individual's income for SSI eligibility purposes to the extent such benefits do not exceed amounts such individual expended on the deceased person's last illness and burial. Title V: Medicaid Amendments Related to Personal Needs Allowance - Amends the Medicaid program to require States to provide each institutionalized Medicaid beneficiary who is not receiving SSI payments with a monthly personal needs allowance of at least $35 in 1988, with subsequent annual increases in such allowance reflecting increases in the cost-of-living. Requires skilled nursing and intermediate care facilities to: (1) safeguard a resident's personal funds upon such resident's authorization; (2) establish a separate account for each resident's personal funds; and (3) notify each Medicaid-eligible resident, when his or her account reaches $1,600, that if the account reaches $1,800 the resident may become ineligible for Medicaid. Requires that State Medicaid plans specify, and skilled nursing and intermediate care facilities notify residents of, the items and services for which residents may be charged and those for which they may not be charged by such facilities. Title VI: Demonstration Program to Assist Homeless Individuals in Obtaining SSI Benefits - Authorizes the Secretary to make grants to up to ten States so that each may create an SSI Outreach and Eligibility Team to test the feasibility of developing and using special procedures to: (1) ensure that all homeless individuals in shelters understand their rights to benefits under the SSI program and other Social Security programs; (2) assist such individuals in applying for benefits under such programs; and (3) ensure that all such individuals receive the benefits to which they are entitled. Requires the Secretary to report to the Congress at least annually regarding such outreach activities. Authorizes appropriations for such grant program. Title VII: General Effective Date - Makes this Act's amendments effective on October 1, 1987, unless otherwise specified.
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
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 · 6 August 1987
Relying on Ethanol for America Program Act - Directs the Secretary of Agriculture to establish an Ethanol Development Fund within the Commodity Credit Corporation to guarantee loans made to finance eligible ethanol-related projects. Provides that such Fund shall be administered by the Assistant Secretary of Agriculture for Science and Education. Sets forth funding guidelines for the Commodity Credit Corporation to make certain funds available to the Fund for a five-year period. Requires the Assistant Secretary to report to certain congressional committees regarding the financial status of the Development Fund Program. Requires the Secretary of Agriculture to sponsor research and development of marketable commercial or industrial crops for specific use in the production of ethanol or food for export. Amends the Internal Revenue Code to extend from 1993 to the year 2000 certain excise tax treatment of ethanol as fuel, and to restrict a certain excise tax reduction to ethanol fuel.
United States · United States Congress · 6 August 1987
Impact Aid Reauthorization Act of 1987 - Reauthorizes and revises Federal law relating to impact aid payments to local educational agencies affected by Federal activity. Revises the policy declaration to use the term "reimbursement" (rather than "assistance"). Extends the authorization of specified provisions under the Act through FY 1993. Authorizes appropriations for FY 1989 through 1993. Revises formulas for determining the amount of payments to local educational agencies. Provides that certain increases in such payments shall be sufficient to allow the school district to have an operating cost no greater than: (1) the average of comparable school districts in the State; or (2) if there are no comparable school districts, the State average operational cost. Provides that a reasonable tax effort has been made if the agency's tax effort is at least equal to 80 percent of the average taxes levied for operational purposes by not more than three comparable school districts for that year. Reduces certain payments to an agency by the percentage that the average operational tax rate of the comparable school districts (or, if none, the State average operational tax rate) exceeds the actual tax levied by the agency's school district. Provides that, for FY 1988 and for each fiscal year thereafter, the local contribution rate for agencies whose school district boundaries are coterminous with the boundaries of a military installation shall be not less than 70 percent of the average per pupil expenditure in all States during the second preceding year prior to the current fiscal year. Provides that any agency eligible for an increase under certain provisions shall receive 100 percent of the amount to which it is entitled under other specified provisions. Provides for rounding of payments to the nearest whole dollar. Revises provisions for adjustments where necessitated by appropriations to change the formulas determining how the Secretary of Education shall allocate additional amounts among various categories of local educational agencies. Revises provisions relating to State treatment of Federal impact aid payments in determining a local educational agency's eligibility for, and the amount of, State aid. Requires that the State formula ensure that the local agency will have sufficient funds available to expand at or above the State average per pupil expenditure or the average per pupil expenditure for comparable districts, whichever is greater. Provides that specified types of impact aid shall not be taken into consideration as local resources by the State. Directs the Secretary, for any fiscal year after FY 1987, to allocate to any local educational agency which received a payment under specified provisions in FY 1987 an amount which is not less than the product of 100 percent of the per pupil amount paid to such agency in FY 1987 and the number of children in average daily attendance for the fiscal year for which the determination is made. Permits a local educational agency receiving impact aid funds also to receive funds under provisions for education of children where local agencies cannot supply facilities. Directs the Secretary to establish regional panels to review proposed regulations before their publication. Provides that such panels shall be composed of Federal, State, and local education administrators, parents of elementary and secondary students, elementary and secondary teachers, and members of local educational agencies involved with implementing programs under the Act. Authorizes the Secretary to issue emergency regulations without such review, but requires the Secretary to convene regional panels immediately thereafter to review such emergency regulations prior to issuing them in final form.
![Official portrait of Sen. Melcher, John [D-MT]](https://www.congress.gov/img/member/m000635_200.jpg)