United States · United States Congress · 3 March 1988
Designates the week of June 26 through July 2, 1988, as National Safety Belt Use Week. Authorizes and requests the President to: (1) urge the people to wear safety belts and use child safety seats; and (2) encourage State and local governments and concerned organizations and officials to promote greater use of these safety devices.
United States · United States Congress · 2 March 1988
Emergency Hunger Relief Act of 1988 - Title I: Family Self Sufficiency Improvement - Subtitle A: Food Stamp Program - Amends the Food Stamp Act of 1977 to increase the minimum food stamp program (program) allotments by one percent for the period January 1, 1989, through September 30, 1989, and by one percent during FY 1990. Amends the definition of "household" to repeal the provision providing separate household status for certain parents of minor children and for such children. Makes permanent categorical program eligibility based on eligibility for specified social security programs. Provides an additional excess shelter deduction. States that: (1) households not required to submit monthly income reports shall have their income calculated on a prospective basis; and (2) households required to submit monthly income reports shall have their income calculated on a retrospective basis, except under specified circumstances. Repeals the requirement of prior approval by the Secretary of Agriculture for less than monthly income reporting of certain household. Prohibits a state agency from requiring periodic reporting of households: (1) made up entirely of migrant or seasonal farm workers; (2) made up entirely of homeless persons; or (3) with no earned income and in which all adult members are elderly or disabled. Requires that households reporting monthly be provided with clear and understandable reporting forms. Adjusts the automobile limitation to reflect Consumer Price Index changes. Provides full program benefits for breaks in certification of 30 days or less. Permits households subject to benefit prorating to receive an aggregate benefit allotment. Extends the scope of program informational activities. Amends the HOmeless Eligibility Clarification Act to make permanent the authority for homeless persons in shelters to receive food stamps. Subtitle B: Related Programs - Amends the Temporary Emergency Food Assistance Act of 1983, as amended by the Stewart B. McKinney Homeless Assistance Act, to extend the temporary emergency food assistance program (TEFAP) through FY 1990. Increases the amount of TEFAP funds for emergency feeding organizations. Amends the Community Services Block Grant Act to authorize appropriations through FY 1993 for the community food and nutrition program. Directs the Secretary to: (1) conduct a study (through the National Academy of Sciences) of the kinds of medical problems commonly suffered by program participants and the resulting special diets; and (2) report to the Congress. Title II: Child Nutrition Promotion - Amends the Food Stamps Act of 1977 to exclude foster care and adoption assistance from program income determinations. Amends the Child Nutrition Act of 1966 to increase the school breakfast program reimbursement rate by three cents per meal as of July 1, 1989. Amends the National School Lunch Act to permit specified private nonprofit organizations to participate in the summer food program. Provides an additional meal or snack to children who attend day care centers which are open more than eight hours a day. Repeals the provision tying reduced price lunch eligibility to program eligibility. Title III: Effective Date - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 2 March 1988
Makes a supplemental appropriation for FY 1988 to the Coast Guard (Department of Transportation) for operations at certain facilities comparable in nature and extent to the operations carried out during FY 1987. Prohibits amounts made available by this Act from being used in connection with any closing of, or reduction in force with respect to, any Coast Guard facility or installation.
United States · United States Congress · 1 March 1988
Amends the Natural Gas Policy Act of 1978 to provide that intrastate contracts in effect before December 1, 1986, which stipulated the purchase price for the first sale at the wellhead of natural gas for use in fueling agricultural irrigation pumps shall govern the maximum lawful price of gas under such contracts.
United States · United States Congress · 25 February 1988
Repeals a provision of the Omnibus Budget Reconciliation Act of 1987 which includes employee tips within the wages on which employer social security taxes are based.
United States · United States Congress · 25 February 1988
Amends the Agricultural Act of 1949 to set 1988 through 1990 soybean support prices at $5.02 per bushel. (Currently such levels are a minimum of $4.50 per bushel for 1988 through 1990.) Requires (current law authorizes) soybean loan repayment at the lesser of prevailing world prices or the crop loan level. States that if producers of any crop are permitted to repay loans at less than the crop's loan level, cottonseed and sunflower seed prices shall be supported at traditional soybean-based levels.
United States · United States Congress · 24 February 1988
Amends the Commercial Motor Vehicle Safety Act of 1986 to declare that its requirements do not apply to: (1) motor vehicles registered for farm use which are driven less than 15,000 miles per year; or (2) motor vehicles used solely for fire fighting purposes.
United States · United States Congress · 24 February 1988
Designates March 29, 1988, the birthday of Rabbi Menachem Mendel Schneerson, as Education Day, U.S.A. Calls on heads of state of the world to join the President of the United States in this tribute by signing an international scroll of honor.
United States · United States Congress · 18 February 1988
Establishes the National Park System Review Board to maintain a continuing review of National Park Service programs and of existing and proposed National Park System units. Requires the Board to transmit annually to the President and the Congress: (1) a report containing the results of such review, together with recommendations for the management of the National Park System or any proposed additions to such System; and (2) budget recommendations for the Service and the Board. Establishes a Director of the National Park Service within the Department of the Interior, to be appointed by the President, by and with the advice and consent of the Senate. Sets forth the functions of the Director. Mandates a five-year term of office.
United States · United States Congress · 17 February 1988
Amends the Department of Defense Appropriations Act, 1988 to increase from $1,500,000,000 to $4,000,000,000 the maximum amount authorized to be transferred by the Secretary of Defense between working capital funds of the Department of Defense (DOD) and appropriations made available under such Act for military functions of DOD. Requires the Secretary, in determining the proper amounts to be so transferred, to ensure that an appropriate portion of such authority is used to transfer to operation and maintenance accounts of DOD for FY 1988 sufficient funds for depot maintenance activities and civilian personnel pay. Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to increase from $2,000,000,000 to $4,000,000,000 the amount authorized under such Act to effect such transfers.
United States · United States Congress · 9 February 1988
National Historical Publications and Records Commission Amendments of 1988 - Provides for staggering the terms of certain appointees to the National Historical Publications and Records Commission. Entitles all Commission members to travel expenses (including per diem in lieu of subsistence). Requires the chairman of the Commission to transmit to the President and the Congress from time to time, and at least biennially, its the plans, estimates, and recommendations. Authorizes the Commission to conduct institutes, training, and educational programs and to sponsor fellowships related to its activities. Authorizes the Commission to disseminate information about documentary sources through guides, directories, and other technical publications. Authorizes the Commission to recommend the expenditure of appropriated or donated funds for the collecting, describing, preserving, compiling, and publishing of significant documentary sources. Authorizes the Archivist of the United States to make allocations to Federal agencies and grants to State and local public and nonprofit entities after considering the advice and recommendations of the Commission. Authorizes appropriations to the Commission for FY 1989 through 1993.
United States · United States Congress · 3 February 1988
Amends the Internal Revenue Code to exempt from the required application of uniform inventory cost capitalization rules any animal produced in a farming business, regardless of the animal's preproductive period.
United States · United States Congress · 2 February 1988
Child Protection and Obscenity Enforcement Act of 1988 - Title I: Child Pornography - Amends the Federal criminal code to make it illegal to use a computer to transport information in interstate or foreign commerce concerning the visual depiction of minors engaging in sexually explicit conduct (child pornography). Establishes criminal penalties for buying, selling, or transferring the custody of a minor: (1) knowing that, as a consequence of the sale or transfer, the minor will be used in child pornography; or (2) with the intent to promote child pornography. States that such sale or transfer must involve: (1) the minor or other actor traveling in interstate or foreign commerce; (2) communications in interstate or foreign commerce; or (3) conduct in a territory or possession of the United States. Requires any person who produces a book, magazine, periodical, film, videotape, or other matter which contains any visual depiction of sexually explicit conduct (which is shipped or intended for shipment in interstate or foreign commerce, or contains material shipped in interstate or foreign commerce) to maintain certain records regarding the performers portrayed in such conduct. Directs the Attorney General to issue regulations regarding the maintenance and availability of such records. Includes the sexual exploitation of children as a predicate offense to the Racketeer Influenced and Corrupt Organizations (RICO) statute. Title II: Obscenity - Makes it a Federal criminal offense to receive or possess, with the intent to distribute, obscene matter which has been transported in interstate or foreign commerce. Makes it a Federal criminal offense to knowingly use a facility or means of commerce to sell or distribute obscene matter in interstate or foreign commerce. Establishes a rebuttable presumption, with respect to Federal criminal offenses involving obscene matter, that obscene matter produced in one State (or outside the United States) which is subsequently located in another State (or in the United States) was transported, shipped, or carried in interstate (or foreign) commerce. Establishes criminal and civil forfeiture procedures with respect to Federal offenses involving obscene material and child pornography. Includes communications by means of cable or subscription television within the prohibition against broadcasting obscene language. Amends the Communications Act of 1934 to modify the penalty provisions of such Act with respect to obscene telephone communications. Amends the Federal criminal code to establish criminal penalties for the possession or sale of obscene matter on Federal property. Adds obscenity offenses to the list of crimes for which the Government may obtain wiretaps.
United States · United States Congress · 2 February 1988
Amends the Toxic Substances Control Act to change to November 1, 1989 (or February 1, 1990, if no regulations have been promulgated by the Administrator of the Environmental Protection Agency) the date by which a local educational agency (LEA) must submit an asbestos management plan developed pursuant to regulations under such Act to the Governor of the State. Changes to August 1, 1990, the date by which each LEA must begin the implementation of such plan. Changes to May 1, 1989, the date by which the LEA must inspect for asbestos-containing material in each school building under its authority. Changes to November 1, 1989, the date by which such LEAs must implement an operation and maintenance plan with respect to friable asbestos-containing material in school buildings. Changes to February 1, 1990, the date by which LEAs must develop an asbestos management plan for submission to the Governor of the State.
United States · United States Congress · 1 February 1988
Freedom of Information Public Improvements Act of 1988 - Title I: Amendments to the Freedom of Information Act - Amends the Freedom of Information Act to require each agency, with respect to requests for records, to maintain a log of such requests and responses. Requires each agency to organize and maintain its records in a manner to make them easily accessible and retrievable. Revises provisions regarding fees and waivers for processing such requests. Makes eligible for reasonable standard fees or charges the document duplication requests of a nonprofit organization that intends to make the information available to the news media, to any branch or agency of Federal, State, or local government, or to the public. Allows documents to be furnished without charge or at a reduced fee if: (1) the information relates to a violation of law, inefficiency, or administrative error by an agency; or (2) the waiver or fee reduction is in the public interest because the furnishing of the information primarily benefits the general public. Declares that for purposes of reduced fees or waived charges the publication, reproduction, resale, or other dissemination of information obtained by any person from an agency is not a commercial use. Authorizes the appropriate district court to assess monetary penalties against the United States for unwarranted failure to comply with time limits for answering requests. Revises provisions relating to sanctions for such agency noncompliance. Requires that copies of recommendations on disciplinary action for any Federal employee responsible for wrongful noncompliance be submitted additionally to the court and to the House Committee on Government Operations and the Senate Committee on the Judiciary. (Currently, such report is submitted only to the agency and the employee or the employee-representative.) Requires each agency to expedite access to records if the requester demonstrates a compelling need. Requires agencies to include in regulations concerning information disclosure a detailed description of the procedure used to process requests. Includes as information exempt from disclosure: (1) matters which would cause identifiable damage to the national defense; and (2) matters in which the need to protect the information outweighs the public interest. Changes the disclosure exemption for internal personnel rules and practices to an exemption for law enforcement manuals that are internal in nature to the extent that disclosure would risk circumvention of an agency investigation, a regulation, or a statute. Revises the exemption for financial reports by prohibiting disclosure if it would directly injure the financial stability of an institution. Directs each agency to make available to the public a complete list of all statutes determined to authorize the agency to withhold information under the disclosure exemption. Requires each agency, upon notification of the introduction of any bill or resolution constituting authority for that agency to withhold information, to notify the House Committee on Government Operations and the Senate Committee on the Judiciary. Prohibits the withholding of information in order to conceal violations of law, inefficiency, or administrative error. Directs the Archivist of the United States to supervise compliance with the Freedom of Information Act. Changes the date of the annual report by agencies under such Act to March 1 to December 1. Revises information to be included in such report to conform to amendments made by this Act. Directs the Archivist of the United States to submit an annual report on or before December 1 on activities under the Freedom of Information Act. (Currently, the Attorney General makes such annual report on March 1.) Title II: Recovery of Wrongfully Removed Agency Files - Authorizes any person to commence a civil action to recover agency records removed in violation of law.
United States · United States Congress · 27 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels to any purchaser (or purchaser for resale to a second purchaser) for use on a farm for farming purposes or for any other use not as a fuel in a diesel-powered highway vehicle or train. (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 · 25 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Prohibits imposition of the tax on the sale of these fuels to any purchaser (or purchaser for resale to a second purchaser) 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 · 25 January 1988
Farmer Fuel Tax Relief Act - Amends the Internal Revenue Code to prohibit imposition of the excise tax on the sale of diesel or aviation fuel to any purchaser (or purchaser for resale to a second purchaser) 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.) Permits wholesale distributors of gasoline who have registered with the Secretary of the Treasury and posted the required bond to pay the gasoline tax (in lieu of the person otherwise liable for the tax.) Prohibits imposition of the gasoline tax on the sale or removal of gasoline by any person (or for resale to a second person) for use on a farm for farming purposes. Requires that the reduced gasoline tax rate (3.4 cents instead of 9.1 cents) be applied with respect to gasoline used to produce gasohol after the time of the relevant removal or sale.
United States · United States Congress · 18 December 1987
Establishes the Tallgrass Prairie National Preserve in Oklahoma. Authorizes the Secretary of the Interior to acquire lands within such Preserve by purchase with consent, donation, or exchange, including limited lands in Pawhuska. Requires the Secretary to develop a fire protection plan for such lands. Leaves any mineral interests in such lands in trust for the Osage Tribe. Permits owners of acquired, improved property to retain a right of use and occupancy to such property for residential purposes for 25 years or life, as specified. Limits land acquisition within a designated Easement Area to that needed to ensure uses consistent with the nature of the Preserve. Authorizes land acquisition outside the Preserve to facilitate the process. Entitles property owners within the Preserve to reasonable access. Permits grazing, hunting, and fishing according to plan. Authorizes the Secretary to provide technical assistance for an Osage Tribal museum. Continues current law as it pertains to oil and gas activities on such lands. Directs the Secretary to establish and operate a research facility for the management of tallgrass prairie flora and fauna. Permits research within the Preserve by qualified institutions and individuals. Requires the Secretary to submit within three years to the appropriate congressional committees a management plan for the Preserve which includes interpretation of its natural and cultural resources, a resources management plan, and access. Establishes the Tallgrass Prairie National Preserve Advisory Commission to assist the Secretary in the management of the Preserve. Establishes the Range Management Committee to assist the Secretary in developing a livestock grazing plan for such Preserve. Authorizes appropriations for the Secretary of the Treasury to compensate the Osage County government and local school districts for loss of taxes. Authorizes appropriations for grants to operators of oil and gas facilities for barriers to protect the Osage mineral estate from liability claims. Directs the Secretary of the Interior to enter into cooperative agreements with Osage County for roads. Preserve interpretation, and the provision of municipal services. Prohibits the Secretary from subordinating the Osage Tribe mineral rights. Authorizes the Secretary to enter into a cooperative agreement with the City of Pawhuska for the use of Blue Stream Lake as a recreational facility. Authorizes appropriations.
United States · United States Congress · 17 December 1987
Social Security Notch Adjustment Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish a new alternative formula for computing the primary insurance amount (used in calculating the amount of OASDI benefits to which an individual is entitled) of workers born after 1916 and before 1930. Makes the new formula effective beginning January 1987, but provides retroactive benefits of up to $1,000 for months prior to January 1987. Excludes the earnings an individual who was born before 1917 earns in or after the year he or she reaches age 70 from the calculation of benefits payable to such individual after 1985.
United States · United States Congress · 10 December 1987
Authorizes the Secretary of Agriculture to make competitive research grants to: (1) develop a statistical framework to measure the extent to which microbiological and chemical agents in agricultural products pose human health risks; (2) identify such agents; and (3) devise appropriate testing and control procedures. Creates a peer review committee to evaluate grant applications. Requires the Secretary to report to the appropriate congressional committees no later than one year after enactment of this Act, and annually thereafter. Authorizes FY 1988 through 1992 appropriations.
United States · United States Congress · 9 December 1987
Amends the Federal Financing Bank Act of 1973 to state that specified loan guarantee agreements between the Rural Electrification Administration and the Federal Financing Bank shall remain in effect, notwithstanding their effective dates, until superseded by other such agreements.
United States · United States Congress · 8 December 1987
Expresses the sense of the Congress that, in celebration of the millennium of the Christianization of Kievan-Rus', the Soviet Union should: (1) comply with its international obligations and allow Christians to practice their faith without harassment; (2) grant a general amnesty for all Christians who have been imprisoned because of their religious beliefs; (3) allow religious believers to practice their faith freely; (4) permit unlimited publication, distribution, and importation of religious materials; and (5) allow closed churches to reopen, new churches to be built, and theological seminaries to open or expand.
United States · United States Congress · 3 December 1987
Strategic Petroleum Reserve Enhancement Act - Authorizes appropriations for Strategic Petroleum Reserve operating expenses for FY 1988 through 1993. Amends the Energy Policy and Conservation Act to terminate authorities relating to the International Energy Program on September 30, 1993.
United States · United States Congress · 18 November 1987
Dwight David Eisenhower Commemorative Coin Act of 1987 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of one dollar silver coins in commemoration of the 100th anniversary of the birth of Dwight David Eisenhower. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of the coins after December 31, 1990. Requires the Secretary to deposit in the Treasury all surcharges received from the sale of the coins, to be used to reduce the national debt.
United States · United States Congress · 28 October 1987
Designates the week of November 13 through November 19, 1988, as National Cult Awareness Week in commemoration of the tenth anniversary of the tragedy at Jonestown, Guyana.
United States · United States Congress · 22 October 1987
Expresses the sense of the House of Representatives that: (1) Nicaragua should undertake specified reforms, such as reinstating due process and fair trials, ending torture, conducting free elections, allowing an uncensored free press, ensuring the right to strike and to publish for unions, ceasing attacks against civilians, and ending the forced relocation of Indians and Creoles; and (2) all countries in Central America should continue to work toward achieving the democratic principles and processes specified in the August 7, 1987, Central American peace accord.
United States · United States Congress · 15 October 1987
Amends the Food Security Act of 1985 to provide that in any price support reductions under a Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) sequestration order, the Secretary of Agriculture, after consultation with the Office of Management and Budget, shall make program revisions based upon program outlay reductions not exceeding specified cumulative sequestration percentage reductions.
United States · United States Congress · 15 October 1987
Designates March 18, 1988, as National Energy Education Day to promote and enhance energy education programs at all grade levels of public and private schools.
United States · United States Congress · 13 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 carrying 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 · 13 October 1987
Department of Veterans Affairs Act - Redesignates the Veterans Administration (VA) as the Department of Veterans Affairs (the Department), an executive department within the executive branch of the Government. Provides that the Department shall be headed by the Secretary of Veterans Affairs, to be appointed by the President, by and with the advice and consent of the Senate. Designates as other principal officers of the Department the Deputy Secretary, the Chief Medical Director, and the Chief Benefits Director. Provides for the temporary continuation of service of the current Administrator, Deputy Administrator, Chief Medical Director, and Chief Benefits Director of Veterans Affairs. Establishes within the Department eight Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, to perform such functions as the Secretary may prescribe. Directs the Secretary to assign to one such Assistant Secretary all functions regarding the National Cemetery System and the State cemetery grant program. Outlines functions which the Secretary shall assign to the Assistant Secretaries. Provides for the temporary continuation of the performance of such functions by present personnel until such functions are assigned to an individual appointed as Assistant Secretary under this Act. Redesignates the current VA's Department of Medicine and Surgery as the Veterans Health Services Administration of the Department. Redesignates the VA's current Department of Veterans Benefits as the Veterans Benefits Administration of the Department, whose primary function shall be to administer nonmedical programs which provide assistance to veterans, their dependents, and their survivors. Establishes within the Department the Office of the General Counsel. Redesignates the current Office of Inspector General of the VA as the Office of Inspector General of the Department. Provides that any references to departments or positions under the current VA system shall be considered to be references to such departments and positions of the Department as modified under this Act. Provides continuing effect of all legal documents, suits, actions, and property and resources of the current VA. Directs the Secretary of Veterans Affairs, after appropriate congressional consultation, to prepare and submit to the Congress proposed legislation containing technical and conforming amendments to reflect the changes made under this Act. Requires such legislation to be submitted no later than six months after the enactment of this Act. Provides that any spending authority of the Department is subject to available amounts as provided in appropriation Acts.