United States · United States Congress · 26 February 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 with tax forms sent by the IRS. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury (Department) an Office of Inspector General (Inspector). Transfers to such Office the existing audit and investigation units of the Department. Prohibits the Inspector from reviewing: (1) monetary, fiscal, and tax policy; and (2) the exercise of legal judgment in the investigation and litigation of cases. Authorizes the Secretary to: (1) withhold from the Inspector requested information that the Secretary determines will jeopardize the success of an ongoing investigation or litigation, confidential sources, or the national security; and (2) prohibit the Inspector from undertaking or continuing an audit or investigation under limited circumstances described in this Act. Requires the IRS, upon taxpayer request, to conduct any interview regarding a deficiency assessment 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 interview to warn the taxpayer that: (1) he or she has a right to remain silent; (2) any statement the taxpayer makes may be used against him or her; and (3) he or she has the right to the presence of an attorney, certified public accountant, enrolled agent, or enrolled actuary. Permits a waiver of such rights if voluntarily and knowingly made. Amends Federal law to require the Comptroller General (Comptroller) of the General Accounting Office to: (1) conduct audits of the IRS with respect to the efficiency, uniformity, and equity of the internal revenue laws (current law specifies no particular focus for such audits); and (2) conduct special audits or investigations of internal revenue law administration upon the request of any congressional committee or Member of Congress. Requires the Comptroller's annual report to the Congress to include specified findings concerning IRS management, efficiency, procedures, and structure. Divests of its finality a vote of the Joint Committee on Taxation to disapprove a Comptroller General audit of the IRS. Designates such vote as a recommendation to disapprove an audit and makes such recommendation subject to congressional approval. Prohibits evaluations of IRS personnel based on revenue collected from taxpayers as a result of audits or investigations involving such personnel. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation 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. Creates a civil cause of action in Federal court (regardless of the amount in controversy) for any taxpayer aggrieved by such prohibited investigation or recordkeeping. Authorizes both equitable remedies and awards of damages, including punitive damages, litigation costs and reasonable attorney fees, in such cases. 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. 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. Authorizes the Secretary, in certain cases, to enter into a binding agreement with a taxpayer under which such taxpayer may pay tax liability in installments. Requires the Secretary to offer in writing to enter such an agreement with any individual: (1) whose tax liability is $20,000 or less; and (2) who has not been delinquent in installment tax payments under similar agreements during a specified period. Permits the Secretary, after proper notice and a hearing, to modify or annul such an agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Requires the Secretary to abate in full any deficiency, including penalty or interest, completely attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Directs IRS officers and employees, when giving oral advice to a person, to inform such person that the contents of such communication are not binding on the IRS. 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. Allows an administrative appeal of tax liens. Revises the criteria according to which the Secretary determines a minimum sale price for property seized by levy and subject to a tax sale. Prohibits the Secretary from authorizing a class audit of taxpayers in a particular business or trade until each group member is given proper notice and the opportunity either to file an amended return or to challenge the Secretary's findings at a hearing. Places upon the IRS the burden of proof on all issues in all administrative and judicial proceedings between the IRS and a taxpayer. Applies the rulemaking provisions of the Administrative Procedure Act to all IRS rules and regulations prescribed by the Secretary.
United States · United States Congress · 25 February 1987
Amends the Tax Reform Act of 1986 to repeal the provision which disallows the treatment of certain technical personnel as self-employed individuals for employment tax purposes. Specifies that the Internal Revenue Code shall be applied and administered as if such provision had not been enacted.
United States · United States Congress · 25 February 1987
Designates June 14, 1987, as Baltic Freedom Day. Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics.
United States · United States Congress · 18 February 1987
Uniform Product Safety Act of 1987 - States that this Act governs any civil action brought against a manufacturer or product seller for personal injury or damage caused by a product. Supersedes any inconsistent State law regarding recovery in such such actions. Lists specific laws not superseded, including: (1) defenses of sovereign immunity asserted by the United States or any State; (2) any Federal law (except the Federal Employees Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; and (5) the right of any court to transfer venue. Allows any State to develop and implement expedited product liability claims procedures. Establishes uniform national standards for product liability actions. Subjects a product manufacturer to liability if the claimant establishes that: (1) the manufacturer manufactured an unreasonably dangerous product; (2) the product failed to conform to an express warranty made by the manufacturer; (3) the manufacturer was negligent in designing the product; or (4) the manufacturer failed to provide appropriate warnings or instructions. Treats a product seller as a manufacturer where: (1) the manufacturer is not subject to a service of process in any State where the action might be brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Subjects a product seller to liability if the claimant establishes that: (1) the product failed to conform to an express warranty made by the product seller; (2) the product seller did not exercise reasonable care in assembling, inspecting, or maintaining such product; or (3) the product seller did not exercise reasonable care in passing on the manufacturer's warnings or instructions. Establishes defenses in such actions with respect to: (1) manufacturing practices in light of existing technology; and (2) compliance with Government standards and contract specifications; and (3) claimant's intoxication. Holds each defendant found responsible for the harm jointly and severally liable. Makes a product seller or manufacturer liable for punitive damages if such seller or manufacturer: (1) knowingly destroyed or failed to make available evidence whose production is required; or (2) manifested a conscious and flagrant indifference to consumer safety. Lists factors to be considered in setting the amount of punitive damages. Limits punitive damages to treble damages plus costs. Provides that punitive damages may not be awarded where: (1) a drug or medical device complied with certain Government standards; or (2) an aircraft was certified by the Secretary of Transportation under the Federal Aviation Act of 1958. Establishes a 25-year statute of repose. Requires any damage award to be reduced by the amount of workers' compensation benefits paid. Establishes a Federal Product Liability Study Panel to study: (1) existing and proposed expedited product liability claims procedures; (2) Federal and State workers' compensation systems; and (3) nonjudicial methods for resolving product liability claims. Requires the Panel to report to specified congressional committees within two years of enactment of this Act.
United States · United States Congress · 11 February 1987
Drug Kingpin Act of 1987 - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty where, as a result of a continuing criminal enterprise, an individual (other than a participant in such conduct) dies. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to such offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence. Includes as aggravating factors to be considered by the jury or the court: (1) the intentional nature of the act which resulted in the victim's death; (2) previous convictions for offenses for which life imprisonment or death is authorized; (3) the especially heinous, cruel, or depraved nature of the offense; (4) the defendant committed such offense in consideration for pay; and (5) the offense was committed against a judge, a law enforcement officer, or an employee of a penal of correctional institution. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 11 February 1987
Arctic Coastal Plain Leasing Act of 1987 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for the promulgation of such regulations, and that no further studies or assessments shall be required prior to Federal action. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain.
United States · United States Congress · 10 February 1987
Constitutional Amendment - Prohibits Government expenditures for any fiscal year from exceeding: (1) its revenues in such fiscal year; or (2) 19 percent of the gross national product for the last calendar year ending before such fiscal year. Permits the Congress to suspend such prohibition for any fiscal year in which a declaration of war is in effect or whenever three-fifths of the total membership of each House deem it necessary.
United States · United States Congress · 5 February 1987
H.U.D. Income Verification Act of 1987 - Authorizes the Secretary of Housing and Urban Development to require Department of Housing and Urban Development (HUD) program applicants or participants to: (1) disclose their social security or employer identification numbers; and (2) consent to wage information verification. Amends the Social Security Act to provide HUD with access to State employment records. Requires Federal, State, local, or public housing administering agencies to independently verify such information before terminating or reducing any housing benefits. Establishes criminal and civil penalties for misuse of such information.
United States · United States Congress · 2 February 1987
Volunteer Protection Act of 1987 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal civil liability. Requires each State to certify to the Secretary of Health and Human Services before the beginning of each fiscal year (commencing with FY 1989) that it has enacted or has in effect a State law which provides such immunity. Requires the Secretary to reduce by one percent the fiscal year allotment which would otherwise be made to such State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such law is not in effect.
United States · United States Congress · 28 January 1987
Amends the Tax Reform Act of 1986 to delay until December 31, 1988 (currently, December 31, 1986) the exception for certain technical personnel from certain rules for determining whether an individual is an employee or independent contractor for employment tax purposes.
United States · United States Congress · 27 January 1987
Pet Protection Act of 1987 - States that any person using for any research purpose any animal acquired directly or indirectly from any animal shelter shall not be eligible to receive Federal funds under any grant or research protocol of the National Institutes of Health.
United States · United States Congress · 22 January 1987
Expresses the sense of the Congress that: (1) no Medicare (title XVIII of the Social Security Act) physician payment methodology should be implemented which is based on hospital discharge classifications or requires mandatory assignment; and (2) no drastic change in the Medicare physician payment methodology should be undertaken without the receipt of reports required by legislation enacted in the 99th Congress and a detailed analysis of the long-range impact of such change on the provision of health care.
United States · United States Congress · 8 January 1987
Amends the Internal Revenue Code to allow the use of distributions from individual retirement accounts and individual retirement annuities for the purchase, construction, or reconstruction of a principal residence by a first-time homebuyer. Reduces the basis of the dwelling by the amount of the distribution if the distribution is not includible in gross income.
United States · United States Congress · 8 January 1987
Amends the Internal Revenue Code to allow an income tax deduction for interest paid or incurred on a qualified educational loan. Defines "qualified educational loan" as any indebtedness incurred to pay the educational expenses of the taxpayer or the taxpayer's spouse or dependent. (Present law requires that such a loan be secured by an interest in real property.)
United States · United States Congress · 8 January 1987
Amends the Internal Revenue Code to provide that specified minimum tax and accounting rules applicable to installment obligations shall not apply to obligations arising from sales of property by nondealers.
United States · United States Congress · 8 January 1987
Amends rule X of the Rules of the House of Representatives to require each standing committee to review, on a continuing basis and when considering public bills or resolutions, those portions of the President's Private Sector Survey on Cost Control (Grace Commission report) pertaining to such committee's jurisdiction. Amends rule XI to require each committee report on a public bill or resolution to contain: (1) an identification of each recommendation of the Survey to be implemented and the resulting estimated program cost savings or revenue enhancement; and (2) a statement setting forth the disposition of each recommendation pertaining to such bill or resolution.
United States · United States Congress · 7 January 1987
Amends the Internal Revenue Code to repeal the taxation of social security benefits and tier I railroad retirement benefits. Makes conforming amendments to the Right to Financial Privacy Act of 1978.
United States · United States Congress · 7 January 1987
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 6 January 1987
Prohibits the President from relinquishing or transferring to any country any land, U.S. territory, exclusive economic zone, fishery conservation zone, or any U.S. claim to such areas unless provided for in a treaty between the United States and such country. Declares that a boundary between the United States and any other country may be established only by treaty.
United States · United States Congress · 6 January 1987
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 6 January 1987
Constitutional Amendment - Allows the President an item veto of appropriations bills. Requires the President, in signing such a bill, to designate the provisions disapproved and return the bill to the House in which it originated. Subjects such bills to the same proceedings as other bills disapproved by the President.
![Official portrait of Rep. Gallegly, Elton [R-CA-24]](https://www.congress.gov/img/member/g000021_200.jpg)