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![Official portrait of Rep. McMillan, J. Alex [R-NC-9]](https://www.congress.gov/img/member/m000566_200.jpg)
United States · Official source
830 records where Rep. McMillan, J. Alex [R-NC-9] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 30 June 1988
Amends the Federal Home Loan Mortgage Corporation Act to remove the restrictions placed on the ownership and transferability of nonvoting preferred stock of the Federal Home Loan Mortgage Corporation.
United States · United States Congress · 30 June 1988
Expresses the sense of the Congress that the Government of Nicaragua should: (1) fulfill its pledge in the Esquipulas II agreement to grant a general amnesty to all political prisoners; (2) cease inhumane torture and holding prisoners incommunicado; (3) end random arrests for purposes of political intimidation; (4) allow human rights observers in all parts of prison facilities; (5) compensate former political prisoners; and (6) cease human rights violations.
United States · United States Congress · 16 June 1988
Comprehensive Anti-Drugs Act of 1988 - Title I: Demand Reduction and User Accountability - Subtitle A: User Accountability Act of 1988 - Makes any individual who is convicted of two or more drug or narcotic offenses, or any offense consisting of the distribution of a controlled substance, ineligible for Federal benefits for a specified period. Authorizes the Attorney General to assess a civil penalty on any person who violates the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act. Directs that the proceeds from any penalty be allocated equally to drug education, treatment, and State and local narcotics assistance as the Attorney General shall prescribe. Limits the amount of such penalty. Directs the Attorney General to study the feasibility of prosecuting Federal drug-related offenses in a manner alternative or supplemental to the current criminal justice system and to report the results of such study to the Congress. Provides for the withholding of Federal highway funds to States which do not have in effect and enforce a law which revokes or suspends for a period of not less than: (1) six months the driver's license of a person who is convicted after the date of the enactment of this Act of a violation of the CSA, or for any drug or narcotic offense chargeable under the law of such State or any other State; and (2) one year the driver's license of a person who, in a five-year period, is convicted of more than one of certain offenses. Provides for the apportionment of withheld funds after compliance and for the use of such funds for other projects in the event of noncompliance. Subtitle B: Drug-Free Schools and Businesses Act of 1988 - Requires, as a condition of receiving any Federal contract or assistance, that the recipient maintain a drug-free workplace or activity. Requires the Federal agency administering such contract or assistance to make the recipient aware of such requirement. Requires the agency to terminate the contract or assistance and not to enter into any further contract or assistance with the recipient until such recipient demonstrates effective compliance if the agency, after an opportunity for an agency hearing on the record, determines that a recipient has not complied with such requirement. Specifies that a good faith effort to maintain a drug-free workplace or activity is sufficient to satisfy the requirement. Subtitle C: Drug Testing in the Federal Criminal Justice System - Requires the Attorney General to provide for the mandatory drug testing and retesting of all arrestees for Federal drug-related offenses. Makes it a mandatory condition of release that the individual refrain from the illegal use of any controlled substance. Makes it a mandatory condition of parole that: (1) the parolee submit to regular drug tests administered under the authority of the person supervising the parolee; and (2) the parolee refrain from the use of any controlled substance without a prescription. Makes the latter requirement a mandatory condition of probation. Provides for the random testing of probationers by each probation officer. Subtitle D: Increased and Expanded Treatment of Drug Abuse - Amends the Public Health Service Act (PHSA) to provide for the reduction of the waiting period for drug abuse treatment. Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for the purpose of expanding the capacity of grantees to carry out drug abuse treatment programs. Prohibits the Secretary from making a grant to an applicant unless such applicant: (1) is experienced in the delivery of drug abuse treatment services; (2) is, on the date the application is submitted, carrying out a program for the delivery of such services; (3) as a result of the number of requests for admission into the program, is unable to admit any individual any earlier than one month after the date on which the individual makes a request for such admission; and (4) provides satisfactory assurances to the Secretary that, after funding is no longer available under this Act, the applicant will have access to financial resources sufficient to continue the program. Sets forth further conditions on the making of grants under this Act. Requires independent evaluations of federally-funded drug treatment programs and research into methods of such treatment. Requires the Secretary, in carrying out such evaluations, to: (1) assess the comparative effectiveness and costs of the various methods of treatment utilized for specific patient groups; (2) clarify research and treatment objectives and methodologies; and (3) determine whether entities carrying out such programs have organizational biases with respect to such treatment and the extent to which they are contributing to progress in the development of effective methods of treatment. Directs the Secretary to complete the required evaluation and submit a report of the findings to the Congress within one year. Requires the Director of the Office for Substance Abuse Prevention of the Public Health Service to make grants and enter into contracts to establish: (1) support groups for parents and families of individuals who abuse drugs; and (2) counseling and referral services for such parents and families. Authorizes appropriations. Authorizes appropriations for prevention, treatment, and rehabilitation model projects for high risk groups. Authorizes appropriations for a preventive health services block grant. Authorizes appropriations for emergency substance abuse treatment and preventive rehabilitation. Provides for increased State grants for demonstration projects for the provision to expectant mothers of outpatient residential treatment services. Amends the Rehabilitation Act of 1973 to exclude from the definition of the term "individual with handicaps" any individual who uses, or is addicted to, illegal drugs, with exceptions. Subtitle E: Drug Education Amendments - Amends the Drug-Free Schools and Communities Act of 1986 to authorize appropriations and require that local applications for grants under such Act describe: (1) the extent and nature of the current illegal drug and alcohol problem in each school of the applicant; (2) the applicant's drug and alcohol policy; and (3) how the applicant will monitor the effectiveness of its program. Requires an applicant to submit to the State educational agency a progress report on the first two fiscal years of its plan in order to receive the third year's funding. Prohibits such agency from awarding funds for the third year unless it determines that such report shows reasonable progress toward accomplishing the objectives of its plan and of this Act. Requires each State to submit an annual report containing specified information on State or local programs. Restricts the amount of funds allocated for use by a State for the administrative costs of the chief executive officer of such State. Allows a small number of individuals who are not high risk youth to participate in programs for high risk youth if their participation does not significantly diminish the amount or quality of services provided. Subtitle F: Drug-Free Public Housing Act of 1988 - Drug-Free Public Housing Act of 1988 - Directs the Secretary of the Department of Housing and Urban Development (HUD) to establish a clearinghouse to collect information regarding drug abuse in public housing projects in order to respond to public inquiries for assistance and provide referrals. Directs the Secretary to establish a regional program for the training of public housing officials to educate them to the widespread abuse of controlled substances in the communities in which they work. Requires that such program be conducted within 12 months after enactment of this Act by a national training unit established by the Secretary. Title II: Drug Law Enforcement - Subtitle A: Death Penalty for Drug Kingpins - Drug Kingpin Act of 1988 - Amends the CSA to subject to the death penalty any individual who intentionally engages in conduct during the course of a continuing criminal enterprise that results in the death of another individual and who is the principal organizer of the enterprise, if the violation involves a specified quantity of a controlled substance. Sets forth procedural safeguards, such as the right of the accused to reasonable notice that the Government will seek the death penalty. Requires the Government to set forth the aggravating factors which it will seek to prove as the basis for such sentence. Authorizes the court to permit the Government attorney to amend such notice upon a showing of good cause. Provides for a separate sentencing hearing to determine punishment in cases where the Government has filed such a notice and the defendant is found or pleads guilty to an offense which might subject him to the death penalty. Permits information to be presented at the sentencing hearing as to any matter relevant to the sentence or to mitigating or aggravating factors, regardless of its admissibility as evidence at criminal trials, unless its probative value is substantially outweighed by the danger of prejudice, confusion of the issues, or misleading the jury. Grants the Government and the defendant the opportunity to present and rebut information. Specifies the order and burden of proof. Establishes guidelines for the jury or court to follow in considering the information and returning its findings. Directs the court to sentence the defendant to death upon a finding that such a sentence is justified. Specifies mitigating and aggravating factors to be considered. Directs the judge to instruct the jury that it shall not consider the defendant's race, color, national origin, creed, or sex in reaching its decision. Authorizes the court to impose a sentence of life imprisonment without the possibility of parole. Sets forth procedures and standards of review for appeals of the death sentence. Subtitle B: Exclusionary Rule Reform - Amends the Federal criminal code to permit otherwise admissible evidence obtained as a result of a search or seizure to be admitted into evidence if such search or seizure was undertaken in an objective, reasonable, good faith belief that it was in conformity with the Fourth Amendment to the Constitution. Specifies that a showing that evidence was obtained pursuant to, and within the scope of, a warrant constitutes prima facie evidence of such good faith belief, unless obtained through intentional and material misrepresentation. Subtitle C: Authorization of Appropriations for Prisons and Prosecutors - Authorizes appropriations for FY 1989 and 1990 of such sums (and for such purposes) as are specified in the respective budgets transmitted by the President to the Congress for the Federal prison system and U.S. attorneys. Authorizes the Bureau of Prisons to lease prison facilities subject to approval in advance in appropriations Acts. Authorizes the Attorney General to issue debt instruments for purchase by the Secretary of the Treasury to finance the acquisition or construction of a facility to be used for penal or correctional purposes by the Bureau. Subtitle D: Elimination of Diversity Jurisdiction - Eliminates district court jurisdiction based on diversity of citizenship. Subtitle E: State and Local Narcotics Control Assistance - Amends the Omnibus Crime Control and Safe Streets Act to expand the purposes of the grant program to include: (1) introducing innovations in penalties for possession of a controlled substance, such as revocation or suspension of drivers' licenses, ineligibility for State grants, increased criminal and civil fines, and cost recovery of governmental expenses incurred in rehabilitation programs; (2) reducing delays in time between arrest, prosecution, adjudication, and detention of persons accused of violating State or local drug laws, including the development of an alternative or supplemental judicial system for drug-related offenses; and (3) increasing participation in multi-jurisdictional task forces for enforcing drug laws. Prohibits the use of any such grant to provide counsel to assist defendants accused of violations of the CSA or of State or local laws that establish offenses similar to those established in the CSA. Restricts expenditures of drug law enforcement grants to no more than 50% (currently, 75%) of the cost of the identified uses for which such grants are received. Authorizes appropriations. Subtitle F: Drug Enforcement Agency Personnel Support Act of 1988 - Authorizes the Attorney General to use Department of Justice (DOJ) appropriations to pay benefits to Drug Enforcement Agency (DEA) overseas personnel. Directs the Attorney General to report to the Congress within 120 days on the implementation of this subtitle. Subtitle G: Anti-Drug Manufacturing Act of 1988 - Establishes criminal penalties for: (1) polluting U.S. lands while manufacturing, distributing, or dispensing a controlled substance; and (2) creating a substantial risk of harm to human life while possessing or manufacturing a controlled substance. Subtitle H: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the CSA to establish recordkeeping and reporting requirements for the distribution, receipt, sale, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subtitle I: Law Enforcement Officer Protection Act of 1988 - Provides a mandatory penalty (ten years imprisonment, to run concurrently with any other term, and/or a fine) for using a firearm in committing assaults on Federal officers. Establishes penalties for the possession of firearms or dangerous weapons in a Federal courthouse. Permits the court to consider pretrial detention for certain firearms and explosives offenses. Extends the possession of explosives offense to certain airports and increases penalties for possessing explosives in such airports and in Federal buildings. Increases penalties for using an explosive in the commission of a Federal felony. Makes it unlawful for any person to transfer a firearm to any business that does not maintain a place of business in the State in which the transferor resides. Deletes the requirement that stolen firearms and ammunition be in interstate commerce to be a Federal offense. Makes trafficking in firearms without serial numbers unlawful. Authorizes the Attorney General to: (1) make payments from DOJ appropriations for expenses necessary for hosting the General Assembly of INTERPOL's annual meeting and for the periodic sponsorship of INTERPOL conferences relating to international crime; and (2) solicit, accept, and make gifts in connection with certain INTERPOL activities, with specified restrictions. Requires the Attorney General to: (1) promulgate rules for such soliciting, accepting, and giving gifts to avoid creating a conflict of interest; and (2) report annually to the Congress regarding all such gifts. Authorizes electronic communications providers to disclose specified information to a governmental entity under certain circumstances. Subtitle J: Anti-Public Corruption Act of 1988 - Anti-Public Corruption Act of 1988 - Establishes the offense of public corruption and sets penalties for individuals who endeavor by scheme or artifice to deprive the inhabitants of a a State (or political subdivision thereof): (1) of the honest services of a State official or employee; or (2) of a fair and impartial election through fraud. Specifies that, in the case of a conviction under this subtitle for which the motive was to facilitate or further a violation of the CSA or CSIEA, if the maximum imprisonment otherwise provided is less than 20 years, such maximum imprisonment shall be 20 years. Adds public corruption as a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO) and as a basis for authorizing a wiretap. Subtitle K: Increased Penalties - Amends the CSA to provide increased penalties for crack violations. Amends the CSA and CSIEA to provide civil penalties for certain violations involving heroin or cocaine. Subtitle L: Amendments to the Money Laundering Control Act - Amends the Money Laundering Control Act to: (1) include electronic fund transfers in the definition of "monetary instruments"; and (2) encompass property that has been represented to be the proceeds of unlawful activity. Subtitle M: National Forest System Drug Control - Amends the National Forest System Drug Control Act to grant certain powers to special agents and law enforcement officers within and outside the boundaries of the National Forest System if in hot pursuit. Directs the U.S. Forest Service to: (1) oversee investigations and enforcement activities and prepare national and regional strategy plans in coordination with the DEA and the Federal Bureau of Investigation (FBI); and (2) cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of the CSA as such activity relates to the manufacture, distribution, or dispensing of marijuana or other controlled substances within the National Forest System. Subtitle N: United States Postal Service Authority Expansion - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to grant: (1) the U.S. Postal Service authority to subject to forfeiture specified drugs and drug-related contraband articles; and (2) certain Postal Service officers and employees authority to perform enforcement functions performed by DEA officers or employees. Subtitle O: United States Marshals Service Act of 1988 - United States Marshals Service Act of 1988 - Establishes the United States Marshals Service as a bureau within the Department of Justice. Directs the President to appoint a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia. Sets forth procedures for filling vacancies in the office of a U.S. marshal. Specifies the powers and duties of the Service. Allows the Attorney General to exempt the procurement of contract services under the Department of Justice Assets Forfeiture Fund from certain procurement guidelines if necessary to maintain the security and confidentiality of related criminal investigations. Prescribes a schedule of fees that the Service may collect. Authorizes the Attorney General to use funds appropriated to the Service for the support of U.S. prisoners in non-Federal institutions. Subtitle P: Assimilative Crimes Act Amendments of 1988 - Amends the Federal criminal code to provide that the criminal penalty for operating a motor vehicle under the influence of a drug or alcohol in a special maritime or territorial jurisdiction of the United States shall be the punishment provided under the law of that State, territory, possession, or district. States that whoever operates a motor vehicle in such a jurisdiction consents to certain tests if arrested for driving under the influence of a drug or alcohol. States that any person refusing to submit to such tests shall be denied the privilege of operating a motor vehicle for one year. Subtitle Q: National Guard Drug Law Enforcement Assistance Act of 1988 - Provides that the consent of a Governor may not be withheld with regard to the provision of National Guard assistance to civilian law enforcement officials. Subtitle R: Drug Law Enforcement in Public Housing Projects - Authorizes the Secretary of HUD to establish a demonstration project providing grants to public housing agencies to permit such agencies to prevent drug-related crimes in public housing projects through: (1) the establishment and operation of public housing security and protective services for such projects; or (2) the reimbursement of local law enforcement agencies for additional security and protective services for such projects. Subtitle S: Study of Improvements to Monetary Rewards - Directs the Attorney General to study and report to the Congress concerning: (1) ways to increase cooperation and assistance for drug law enforcement from informants eligible for rewards from the Asset Forfeiture Fund; and (2) the feasibility of establishing a bounty system for alternative rewards. Subtitle T: Deportation of Aliens Amendment - Allows a court, on motion of the Government, to exempt from deportation provisions of the Immigration and Nationality Act an alien who has provided substantial assistance in the investigation or prosecution of a person who has committed a drug offense under the CSA. Subtitle U: Steroid Control Act - Amends the CSA to include methandrosterolone as a Schedule I substance (a drug or substance with a high potential for abuse, which has no currently accepted medical use in treatment in the United States, and which lacks any accepted safety use under medical supervision). Subtitle V: Task Force on Clandestine Drug Laboratories - Joint Federal Task Force on Clandestine Drug Laboratories Establishment Act of 1988 - Establishes the Joint Federal Task Force on Clandestine Drug Laboratories. Directs the Task Force to formulate, establish, and implement a program for the cleanup and disposal of hazardous waste produced by clandestine drug laboratories. Provides for periodic reports by the Task Force to the President and to each House of the Congress. Subtitle W: Additional Penalties for Operation of a Locomotive or Common Carrier While Under the Influence of Alcohol or Drugs - Provides penalties for the operation of a locomotive common carrier while under the influence of alcohol or drugs. Subtitle X: Miscellaneous Technical Amendments - Sets a mandatory minimum penalty for trafficking in a specified quantity of methamphetamine. Prohibits and establishes penalties for conducting a financial transaction involving the proceeds of specified unlawful activity with the intent to violate the Internal Revenue Code. Title III: International Drug Control - Subtitle A: Multinational Anti-Drug Strike Force - Directs the President to develop a plan to establish a multinational strike force to combat illicit narcotics production and trafficking in the Americas and in Asia. Encourages the President to enter into negotiations with other nations to implement such strike forces. Requires the President to submit to the Congress a report describing such plan and detailing actions taken to implement such strike forces. Subtitle B: Amendments to the Foreign Assistance Act - Amends the Foreign Assistance Act of 1961 (FAA) to provide for exemptions from the prohibition on using international narcotics control assistance to procure weapons or train foreign police forces if the President determines that such assistance or training is necessary to combat illicit drug production or trafficking. Subtitle C: Sense of Congress on the Convening of a Summit of Western Hemisphere Nations Concerning Drug Abuse - Urges the President to convene a meeting of the heads of government of countries in the Western Hemisphere in which illicit drug production, transit, or use is a problem to reach agreement on enhancing international cooperation and information sharing. Subtitle D: Sense of Congress on Suppression of International Narcotics Trafficking - Expresses the sense of the Congress that the suppression of international narcotics trafficking is the most important national security objective within the Western Hemisphere. Subtitle E: Authorization of Appropriations for Assisting Law Enforcement Authorities in Certain Foreign Countries - Authorizes appropriations for FY 1989 for: (1) education and training of law enforcement authorities in certain foreign countries to enhance drug interdiction and eradication efforts; and (2) military assistance for such efforts, especially with respect to rapid deployment capabilities. Subtitle F: Extradition and Mutual Legal Assistance Treaties - Directs the Secretary of State to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Subtitle G: Export-Import Bank Financing for Defense Against Narco-Terrorists - Authorizes the Export-Import Bank of the United States to guarantee, insure, and extend credit in connection with a credit sale of defense articles or services to a major illicit drug producing or drug-transit country if the President certifies to the Congress that such country needs such articles or services in combatting illicit drug production or trafficking. Subtitle H: Increased Intelligence Capabilities - Amends the National Security Act of 1947 to provide that a special activity directed at illicit international drug trafficking shall be deemed to be important to national security for purposes of requirements for presidential approval. Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the use of information concerning illicit drug trafficking obtained by electronic surveillance conducted for foreign intelligence purposes to combat such trafficking. Subtitle I: Mexico-United States Intergovernmental Commission - Amends the International Narcotics Control Act of 1986 to provide for the appointment of Members of Congress to and funding, reporting requirements, and the initial meeting of the Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control. Title IV: Interdiction Improvement - Subtitle A: Use of Armed Forces for Interdiction of Narcotics at United States Borders - Requires the President to use the U.S. armed forces to locate, pursue, and seize aircraft and vessels carrying narcotics, deploy radar and pursuit aircraft, and use the National Guard and Reserves to halt the unlawful penetration of U.S. borders within 45 days after the enactment of this Act. Directs the President to: (1) report to the Congress on the impact and costs of this Act and recommendations for changes in existing law; and (2) submit to the Congress a request for the amount of funds spent and the amount needed to continue the program through FY 1988 and 1989. Provides for a separate budget request, beginning with FY 1990, for funds for the drug interdiction program. Subtitle B: Department of Transportation Study of Establishing Flight Corridors - Directs the Secretary of Transportation to: (1) study the feasibility of establishing flight corridors across the sourthern borders of the United States, including the policy of interdicting aircraft which deviate from such corridors; and (2) report the results of such study to the Congress within 180 days. Subtitle C: Maritime Drug Law Enforcement and Enhancement Act of 1988 - Maritime Drug Law Enforcement and Enhancement Act of 1988 - Chapter 1: Drug Enforcement Budget Improvement - Requires: (1) the President to submit annual reports on Federal drug enforcement expenditures; and (2) each congressional committee to issue a report, by March 15 of each year, describing estimates of the budget required by each agency for the following fiscal year to effectively implement illegal drug enforcement programs within such committee's jurisdiction. Chapter 2: Coast Guard Drug Interdiction Enhancement - Expands the Coast Guard's maritime air surveillance and interdiction authority. Authorizes the Secretary of the department in which the Coast Guard is operating (currently, the Coast Guard) to make inquiries, examinations, inspections, searches, and seizures of aircraft subject to U.S. jurisdiction or law (current law applies only to vessels), order such aircraft to a landing area, and take any other lawful action. Amends the Tariff Act of 1930, as amended, to make moneys from the Customs Forfeiture Fund available to the Coast Guard. Authorizes the commanding officer of a Coast Guard vessel or aircraft, or of a surface naval vessel on which a Coast Guard member is assigned, to fire upon a vessel which does not stop upon being ordered to do so or on being chased. Provides for indemnification of: (1) all persons acting under such commanding officer from any penalties or actions for damages for firing upon such vessel; and (2) Coast Guard members and employees against any claim or judgment which arises out of an act committed within the scope of their official duties in carrying out drug enforcement activities. Authorizes appropriations for the Coast Guard. Directs the Secretary of Transportation to submit to the Congress a draft of legislation relating to special restrictions and inspections for vessels arriving from drug producing countries. Amends the CSA to prohibit the forfeiture of specified vessels under such Act unless it appears that the owner was a consenting party to a violation of such Act. Chapter 3: Great Lakes Drug Interdiction - Directs the Secretary of Transportation and the Commissioner of Customs to enter into an agreement to increase the effectiveness of maritime drug interdiction activities in the Great Lakes area. Provides for increased use of long-range surveillance aircraft in such area. Directs the Secretary of State to enter into negotiations with the Government of Canada to establish an agreement for increased cooperation and information sharing with respect to illegal drug interdiction efforts along the U.S.-Canadian border. Chapter 4: Vessel Identification - Defines "United States vessel" and "documented vessel." Requires the identification of the individual designated as the agent of the owner of the vessel on the certificate of documentation for such vessel. Directs the Secretary of Transportation to establish and maintain a central depository of information relating to the ownership of U.S. vessels. Chapter 5: Reorganization to Coordinate Maritime Law Enforcement Programs - Federal Maritime Administration Act - Establishes the Federal Maritime Administration (FMA) with the Department of Transportation, consisting of the Coast Guard and the National Maritime Service and headed by the Under Secretary for Maritime Affairs and Readiness. Specifies the duties of the Under Secretary. Provides for an Office of Drug Interdiction Coordination within the FMA. Renames the existing Maritime Administration. Transfers certain maritime functions of the National Ocean Service and National Weather Service. Redesignates the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration as the Commissioned Officer Corps of FMA. Provides for incidental transfers, terminations, and miscellaneous provisions. Establishes the Merchant Marine Reserve within the Coast Guard Reserve. Directs the Secretary of Transportation to: (1) issue final regulations to implement this chapter within one year; and (2) make recommendations to the Congress regarding the consolidation of budget authority. Subtitle D: Prohibition on Reissuance of Airman Certificates - Amends the Federal Aviation Act of 1958 to prohibit the issuance of an airman certificate to any person whose certificate has been revoked.
United States · United States Congress · 26 May 1988
Homeownership Assistance Act of 1988 - Amends the National Housing Act to create a special mortgage insurance program for first-time homebuyers. Authorizes insurance for up to 97 percent of the home's value. Authorizes the Federal Housing Administration (FHA) to insure a mortgage loan of up to 97 percent of appraised value for the first $50,000 (currently $25,000) of a home's value. Repeals the current dollar cap on FHA insured mortgages in high cost areas. Authorizes FHA to insure adjustable rate mortgages with annual interest rate increases of up to two percent (currently one percent). Repeals the aggregate annual limit on such insured loans. Defines "first-time homebuyer" as an individual who or whose spouse has not owned a principal residence during the 18 months prior to an FHA insured home purchase. Authorizes an FHA demonstration program to insure mortgages for first-time homebuyer downpayments where the purchase is primarily financed or assisted by tax-exempt or other government assistance. Limits the downpayment loan to $7,500. Requires participants to receive financial counseling. Sets a maximum ten year loan maturity period. Amends the Federal National Mortgage Association Charter Act to authorize the Government National Mortgage Association to create a secondary market for first-time homebuyer downpayment loans. Authorizes an FHA demonstration program to insure 100 percent of a home's value for a first-time homebuyer provided that the donwnpayment will be paid within three years by an additional monthly payment. Requires participants to receive financial counseling. Amends the Deficit Reduction Act of 1984 to empower the Internal Revenue Service to confiscate defaulting taxpayers' tax refunds. Requires the Secretary to submit program reports to the Congress within one year of enactment of this Act.
United States · United States Congress · 24 May 1988
Amends the Internal Revenue Code to extend the low-income housing credit through 1990. (Under current law the credit is due to expire on December 31, 1989.)
United States · United States Congress · 28 April 1988
Defense Savings Act - Directs the Secretary of Defense to: (1) close or realign military installations as recommended by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission; and (2) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines certain conditions to such closures or realignments, including timely notice to the Congress of the Secretary's decision to accept and implement all of the closures and realignments recommended by the Commission. Terminates the authority of the Secretary to carry out any closure or realignment as of October 1, 1995. Directs the Commission, no later than December 31, 1988, to transmit its report to the Secretary and to the appropriate congressional committees with a certification that it has identified all the military installations to be closed or realigned by reviewing all military installations inside the United States. Authorizes the Secretary to: (1) carry out appropriate action to implement any such closure or realignment; (2) provide appropriate economic adjustment and community planning assistance to communities affected by any such closure or realignment; (3) carry out appropriate activities for the purpose of environmental restoration; (4) sell or exchange any real property under the control of the Department of Defense and located at such an installation; and (5) deposit funds received from any such sale or exchange into the Department of Defense Base Closure Account. Outlines administrative procedures in connection with the sale or transfer of property in connection with a closure or realignment to a Federal, State, or local government entity. Requires the Secretary to include specified information concerning such closures or realignments as part of each annual request to the Congress for authorization of appropriations. Requires the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission and to report the findings and conclusions to the Commission and to the appropriate committees of the Congress no later than September 15, 1988. Requires the Secretary to notify the Congress in writing when a decision is made to carry out a construction project to facilitate a closure or realignment and the amount required for such project is greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account and authorizes appropriations to be transferred to such Account. Requires the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, to report to the appropriate congressional committees on the amount and nature of deposits into, and expenditures from, the Account during such fiscal year. Requires another report from the Secretary, no later than 60 days after the termination of the authority of the Secretary to carry out an alignment or closure under this Act, concerning funds used and remaining in such Account.
United States · United States Congress · 30 March 1988
Unclaimed Property Act of 1988 - Directs the Comptroller General to examine Federal agency records annually for unclaimed property. Requires agencies to transfer all unclaimed property to the Administrator of General Services for disposition. Sets forth procedures for the recovery of unclaimed property by States. Directs the Comptroller General to report annually to the authorized officer of each State all information concerning unclaimed property which the State may be entitled to recover, including the aggregate monetary value of such property. Requires the authorized officer to: (1) file a written demand for the property; and (2) certify in writing that the State shall relieve the United States from any claim arising from the delivery of any property to the State. Provides for apportioning: (1) property claimed by more than one State; and (2) the aggregate monetary value of unclaimed property based on the population of a State. Authorizes appropriations as necessary to the Comptroller General and the General Services Administration to carry out this Act.
United States · United States Congress · 29 March 1988
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that primary emphasis of development activities to restore the renewable natural resource base shall be on small-scale, affordable, low-risk local projects featuring close consultation with, and involvement of, local people at all stages of project design and implementation. Requires the President to submit the plan to the Congress by July 1, 1989. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1989, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1989, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
United States · United States Congress · 15 March 1988
Postal Reorganization Act of 1988 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Repeals certain limitations on postal borrowing authority. Increases the limitations on postal borrowing authority.
United States · United States Congress · 10 March 1988
Nuclear Standardization and Safety Reform Act of 1988 - Title I: Establishment of Agency - Establishes the Nuclear Safety Agency as an independent regulatory agency to succeed the Nuclear Regulatory Commission. Sets forth the Agency's officers and administration (including a Director and Deputy Director to be appointed by the President with the advice and consent of the Senate). Abolishes the Nuclear Regulatory Commission. Transfers Commission functions, assets, and staff to the Nuclear Safety Agency. Sets forth transition procedures. Title II: Standardization and Licensing - Amends the Atomic Energy Act of 1954 to direct the Agency to establish procedures for the preapproval of a limited number of standardized facility designs for production or utilization facilities for a ten-year period. Authorizes the Agency to consider design approval requests for any major subsystem that represents discrete elements of a production or utilization facility. Requires the Agency to specify by regulation the criteria and requirements for any subsystem approval. States that a design approval shall be considered to be a license. Sets forth guidelines for the issuance of a design approval, including ten-year renewal terms. Authorizes the Director to issue a site approval permit for a ten-year period even if an application for a construction permit or operating license has not been filed. Outlines the site approval procedure and the procedures for facility construction permits and operating licenses. Title III: Conforming Amendments - Sets forth conforming amendments. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 2 March 1988
Directs the Secretary of Labor to permit North Carolina and South Carolina to continue to employ 17-year-old school bus drivers until June 15, 1988, under certain conditions and notwithstanding specified provisions of the Fair Labor Standards Act of 1938.
United States · United States Congress · 1 March 1988
Directs the Secretary of Labor to permit North Carolina to continue to employ 17-year-old school bus drivers until June 15, 1988, under certain conditions and notwithstanding specified provisions of the Fair Labor Standards Act of 1938.
United States · United States Congress · 24 February 1988
Amends the Internal Revenue Code to exempt from the required application of uniform inventory cost capitalization rules any plant or animal produced by a taxpayer in a farming business, regardless of the product's preproductive period.
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 Internal Revenue Code to exempt from the gasoline excise tax any sale of gasoline to a State or local government (or to a purchaser for resale to such government) for its exclusive use.
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 · 18 December 1987
Financial Modernization Act of 1987 - Title I: Securities Affiliates of Bank Holding Companies - Amends the Banking Act of 1933 to repeal specified provisions of such Act which: (1) bar member banks from affiliating with securities firms; and (2) prohibit member banks from employing officers, directors, or employees who are also employed by a firm primarily engaged in securities underwriting. Amends the Bank Holding Company Act of 1956 to allow bank holding companies to own shares of securities affiliates which engage in: (1) underwriting, distributing, or dealing in securities of any type; (2) securities brokerage, investment advisory, or other accepted securities activities; and (3) other activities permitted by the Board of Governors of the Federal Reserve System. Establishes criteria for Board approval of such acquisitions. Prohibits mergers between certain large banks or bank holding companies (those having assets of more than $30,000,000,000) and investment banking organizations (those having assets of more than $15,000,000,000). Establishes criteria (including a notice requirement) for bank holding company funding of securities affiliates. Establishes capital adequacy criteria to be used by the Board in determining whether a bank holding company meets the acquisition guidelines. Establishes restrictions on inter-affiliate transactions, including prohibiting a member bank from: (1) extending credit to the securities affiliate; or (2) purchasing the assets of the securities affiliate. Requires each appropriate Federal banking agency to establish a program for: (1) enforcing compliance with the requirements of this Act; and (2) responding to consumer complaints. Provides that bank holding companies having a securities affiliate that accounts for at least 80 percent of the company's revenues and assets shall not be subject to the inspection, examination, or reporting requirements of the Board. States that acquisition applications which are not acted upon by the Board within 91 days shall be deemed to be granted. Preempts State laws which are inconsistent with this Act. Amends the Federal Deposit Insurance Act to impose additional restrictions on securities affiliations of insured banks. Authorizes national banks to: (1) underwrite certain types of government bonds; (2) sponsor unit investment trusts; and (3) distribute investment company securities. Title II: Expedited Procedures - Amends the Bank Holding Company Act of 1956 to establish (under limited circumstances, where a company acquires control of a bank in a reorganization) expedited procedures for forming a bank holding company. Requires any bank holding company seeking to engage in certain nonbanking activities (as determined by the Board) to notify the Board of such intentions. Allows the Board 60 days to: (1) disapprove the proposal; or (2) extend the time period for Board consideration. Provides limited exceptions from such notice requirements. Requires the Board, in determining whether to disapprove an application under this Act, to consider whether the activity described would produce benefits to the public. Allows the Board to reduce the post-approval waiting period for: (1) bank holding company acquisitions; and (2) bank mergers.
United States · United States Congress · 9 December 1987
Amends the Federal judicial code to allow Federal judges who have attained the age of 60 and completed 20 years of service to retire from regular active service.
United States · United States Congress · 8 December 1987
Amends the Internal Revenue Code with respect to the targeted jobs income tax credit. Extends the credit to employees who begin work in 1989 through 1991. (Current law terminates the credit for employees who begin work after December 31, 1988.) Includes as a targeted group individuals aged 65 or older who are members of economically disadvantaged families. Revises the minimum employment period requirement for purposes of this credit.
United States · United States Congress · 3 December 1987
Amends the Wild and Scenic Rivers Act to designate the Wildcat River, New Hampshire, as a unit of the National Wild and Scenic Rivers System. Directs the Secretary of the Interior to establish a Wildcat River Advisory Commission to assist in the conservation of resources of such River. Permits land acquisition by donation only. Authorizes appropriations.
United States · United States Congress · 3 December 1987
Directs the Administrator of the Small Business Administration to declare the recent North Carolina coast red tide contamination a disaster for purposes of providing disaster assistance under the Small Business Act. Prohibits making eligibility of individual applicants for assistance dependent on: (1) the number of disaster victims in any county or other political subdivision; or (2) whether or not an applicant who normally conducts operations in the area of such contamination is otherwise situated or located in such area.
United States · United States Congress · 17 November 1987
Designates the week of February 7 through February 13, 1988, as National Child Passenger Safety Awareness Week.
United States · United States Congress · 27 October 1987
Amends the Internal Revenue Code to reduce from 28 to 15 percent the maximum income tax rate applicable to the long-term capital gains of individuals. Excludes capital gains from the phaseout affecting personal exemptions and the 15 percent income tax rate.
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.
United States · United States Congress · 8 October 1987
Medicaid Home and Community Quality Services Act of 1987 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of community and family support services for severely disabled individuals who became disabled before age 22 and are living in a family home, foster family home, or community living facility. Requires that such services be provided in accordance with a written habilitation plan developed by an interdisciplinary team on the basis of a comprehensive assessment of the individual's strengths and the services and support necessary to: (1) enable such individual to attain or retain capabilities for independence or self-care; (2) promote interaction between disabled and nondisabled individuals within the community; and (3) enable disabled individuals who are over age 18 to engage in paid employment. Increases the age at which newly disabled individuals will be eligible for this Act's coverage so that eventually individuals who become disabled between age 22 and 50 will be covered. Lists the services which may comprise community and family support services, requiring that such services include at a minimum: (1) case management services; (2) individual and family support services; (3) specialized vocational services; and (4) protective intervention services. Excludes from such services: (1) room and board, other than room and board provided for less than six consecutive weeks and less than 12 weeks per year; (2) cash payments as a service; (3) aversive behavior intervention, management, or therapies; (4) services provided to a disabled individual living in a hospital, or skilled nursing or intermediate care facility; (5) educational services which the State makes generally available to its residents without cost and without regard to their income; and (6) services for which payment is made under title XVIII (Medicare), or part A (Aid to Families with Dependent Children) or B (Child Welfare Services) of title IV of the Act. Requires each State to make certain assurances regarding their provision of community and family support services and submit an implementation strategy to the Secretary of Health and Human Services. Requires that such implementation strategies: (1) describe the extent and scope of community and family support services provided to the severely disabled and the extent and scope of services provided to the severely disabled who are institutionalized; (2) set forth the objectives and a five-year strategy for expanding community and family support services for the severely disabled; (3) include certain procedures for transferring severely disabled, institutionalized individuals to family homes, foster family homes, or community living facilities; (4) set forth standards for the provision of community and family support services and a program for licensing and certifying all facilities and programs providing such services; (5) provide for assessments of the provision and affect of community and family support services and the correction of service deficiencies; (6) provide the public with an adequate opportunity to comment on the strategies; (7) set forth methods ensuring that the personnel providing community and family support services receive adequate training and are competent to provide such services; (8) provide that the State has in effect a management information system capable of collecting, storing, and retrieving data on the severely disabled who receive community and family support services; (9) provide an opportunity for an appeal and hearing before a hearing officer to individuals who believe themselves to be inappropriately served or denied an appropriate service, or who are being scheduled for an involuntary transfer from one living arrangement to another; (10) describe the methods to be used in administering community and family support services; and (11) set forth procedures to protect the interests of public employees who will be affected by the transfer of the severely disabled from public institutions. Allows States to provide any new community and family support service for up to three years without meeting the Medicaid requirements that they provide a service on a statewide basis and that the service be comparable in all parts of the State. Requires that intermediate care facility services for the mentally retarded include the ascertainment of the individual needs of each newly admitted individual by an interdisciplinary team within 30 days and the development of a written habilitation plan for each individual. Limits Medicaid payments to States for skilled nursing and intermediate care facility services furnished to individuals under age 65 who became disabled before age 22 to the amount payable for such services in the fiscal year ending after the enactment of this Act, increased if and by the extent to which the percentage increase in the consumer price index exceeds six percent. Makes such limitation inapplicable to facilities which have less than 16 beds or meet the size and location requirements for a community living facility. Requires States to have in effect a system to protect and advocate those rights of the severely disabled who are eligible for medical assistance which relate to the provision of such assistance. Provides Federal Medicaid matching funds for such system. Gives individuals who are adversely affected by a violation of this Act's requirements the right to bring an action to enjoin such violation. Allows States to set payment rates for community and family support services for the severely disabled. Authorizes States to treat severely disabled individuals under age 19 who are not in a medical institution as receiving benefits under title XVI (Supplemental Security Income) (SSI) of the Act for Medicaid eligibility purposes if they would be eligible for SSI benefits if institutionalized. Requires States to establish a uniform income standard for the severely disabled regardless of whether or not they are in a medical institution. Authorizes States to provide Medicaid coverage of disabled spouses and children who, except for the resources deemed to them, would be eligible for SSI benefits. Removes certain limitations on the Secretary's approval of reduction and correction plans for deficient intermediate care facilities for the mentally retarded. Makes individuals who are severely disabled and receiving or deemed to be receiving SSI benefits eligible for Medicaid as long as such qualifications continue to be satisfied. Directs the Secretary to establish, within the Health Care Financing Administration, a Bureau of Developmental Disabilities Services responsible for administering Medicaid programs for the severely disabled. Requires the Secretary to: (1) develop standards and a program for training Federal and State personnel who perform surveys of skilled nursing and intermediate care facilities to determine whether such facilities meet Medicaid participation requirements; and (2) periodically conduct studies of the reliability of such surveys and make the changes necessary to improve such reliability. Directs the Secretary to support the development of: (1) instruments to assess outcomes in the provision of this Act's services; and (2) competency-based personnel standards for agencies and organizations providing services to the severely disabled pursuant to this Act. Requires the Secretary to: (1) conduct an annual assessment of each State's compliance with this Act's requirements; and (2) issue final regulations regarding this Act's amendments prior to the first fiscal year beginning after this Act's enactment. Sets forth reporting requirements.
United States · United States Congress · 1 October 1987
Corporation for Small Business Investment Charter Act - Amends the Small Business Investment Act of 1958 to establish timetables to govern the promulgation of regulations by the Small Business Administration (SBA) and the qualification of licensees to do business with the Corporation for Small Business Investment and the special-purpose trust established by this Act. Establishes the Corporation for Small Business Investment as a Government-sponsored private corporation. Requires the President to appoint its interim Board of Directors. Sets forth procedures for selection of the permanent Board and describes Board duties. Sets out the Corporation's stock structure. Permits only small business investment companies to hold voting common stock. Requires the Corporation to mandate certain contributions from these companies in order to accumulate capital surplus funds from private sources. Includes depository institutions as eligible contributors entitled to receive stock and dispose of it. Authorizes the Corporation to issue obligations and securities, within prescribed limits. Permits the Secretary of the Treasury to purchase such obligations but sets amount and yield restrictions. Makes all obligations issued by the Corporation acceptable as security for any fiduciary, trust, and public funds controlled by the United States. Exempts Corporation issues from the regulatory framework of the Securities and Exchange Commission. Authorizes the Corporation to issue commitments or otherwise deal in small business investment securities after the permanent Board has been duly constituted. Sets forth the procedure for perfecting a security or ownership interest in small business investment securities created by the Corporation. Authorizes the Corporation to guarantee specified securities. Directs the Corporation to establish criteria, including private capital amount requirements, for the qualification of small business investment companies to conduct business with it. Instructs the Corporation to enter into agreements with small business investment companies, which are authorized to provide equity capital and loans to small businesses. Restricts the financing activities of the investment companies, setting time limits, aggregate securities acquisition limits, and use restrictions with respect to loan funds. Prohibits the Corporation from purchasing or guaranteeing securities in excess of ten percent of its assets. Provides for both financial and compliance audits of small business investment companies. Exempts loans made by small business investment companies from State usury law, unless the State expressly enacts overriding legislation. Directs the Corporation to adopt independent criteria in connection with the qualification of a special type of small business investment company to invest solely in disadvantaged small businesses. Establishes a special-purpose trust to benefit special small business investment companies. Provides for its operation in accordance with a trust agreement with the Corporation. Sets forth procedures for appointing the trustees. Requires the trustees to establish separate accounting for all preferred securities, debentures, loss reserves, and other funds acquired and to make an annual accounting of trust operations to the Secretary of the Treasury. Sets forth the powers of the trustees. Provides for SBA conveyance to the Corporation of all right, title, and interest to all securities and outstanding debentures issued by small business investment companies that are not in liquidation. Requires the trust to apply all of the funds held in trust and income to: (1) cover any losses realized on debentures purchased or guaranteed by the Corporation; (2) reduce the interest rate on debentures issued by special small business investment companies or purchase their preferred securities; and (3) pay administrative costs. Authorizes the trustees to purchase preferred securities and the Corporation to purchase or guarantee the payment of principal and interest on debentures issued by special small business investment companies. Sets forth the terms and conditions for these purchases. Authorizes a special small business investment company to request that the Corporation purchase or guarantee its debentures. Provides that such debentures shall be subordinate to any other obligations of such companies. Sets forth restrictions on the interest rate on and total amount of such debentures. Requires that all outstanding preferred securities purchased by the trust from special small business investment companies be redeemed and transferred to the Treasury 50 years after the effective date of this Act. Gives the SBA review authority over the Corporation and requires annual reporting in connection with this review. Mandates an annual independent audit of the Corporation's accounts, with reporting to the Secretary of the Treasury, who must subsequently report to the President and to the House and Senate Small Business Committees. Subjects Corporation books and records to audit by the General Accounting Office and by the Office of the Inspector General of the SBA under specified conditions. Requires annual Corporation reporting to the President, the SBA, and relevant congressional committees. Directs the Secretary of the Treasury to sell to the Corporation on September 30, 1988, all the right and interest in small business investment company securities guaranteed by the SBA and held by the Federal Financing Bank, providing such securities are due in FY 1989 or later. Sets a minimum final purchase price of $720,000,000, a specified amount of which must be in preferred stock in the Corporation. Requires the Secretary of the Treasury to propose a sale price for the securities that the Corporation is to purchase. Sets forth procedures for determining the purchase price if the Board finds the Secretary's proposal unacceptable. Establishes criteria to govern the preferred stock issued by the Corporation as part of the purchase price. Directs the Corporation to issue to the SBA warrants to purchase nonvoting common stock equivalent to a 28 percent interest in the Corporation. Requires the Corporation to report, within 30 days of the completion of the purchase of the securities, to the House and Senate Committees on Small Business. Prohibits the SBA from: (1) making any payments to the Department of the Treasury on debentures guaranteed under the Small Business Investment Act after they are sold to the Corporation; or (2) selling or encumbering loans or debentures it has made or issued, except as specified in this Act. Requires the General Accounting Office, by January 1, 1993, to prepare a report for the House and Senate Small Business Committees on the Corporation's effectiveness in achieving the purposes of this Act.
United States · United States Congress · 23 September 1987
Prohibits most-favored-nation treatment for Iranian products.
United States · United States Congress · 22 September 1987
Amends rule XXI of the Rules of the House of Representatives to prohibit consideration of bills or resolutions making appropriations under the jurisdiction of more than one subcommittee of the Appropriations Committee for periods after November 30 of a fiscal year, unless a 60 percent majority of the House votes to waive or suspend this provision.
United States · United States Congress · 15 September 1987
Handicapped Transportation Amendments of 1987 - Amends the Urban Mass Transportation Act of 1964 to mandate the treatment of blind individuals and mentally impaired individuals as handicapped individuals under the Act.
United States · United States Congress · 7 August 1987
AFDC Employment and Training Reorganization Act of 1987 - Title I: Two-Tier System under AFDC program - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to establish a two-tier system under which a family applying for or receiving AFDC benefits is assigned to the first tier if it is not a two-parent family and includes a child under six months of age and to the second tier if the family does not qualify for tier-one. Exempts first tier families from this Act's registration, employment, and training requirements. Exempts caretaker relatives, and authorizes the exemption of adolescents, in tier-two families who do not have a high school diploma or its equivalent from such requirements if they participate in a program providing a high-school education or its equivalent. Requires a State plan to deny assistance to an individual under age 18 who is not and has never been married and who is responsible for the care of a dependent child (or is pregnant), unless such individual lives with a parent. Makes such requirement inapplicable if: (1) such individual has no parent who is living and whose whereabouts are known; (2) the health and safety of the child or individual would be jeopardized if such individual lived with the parent; or (3) such individual has not lived at home for at least one year prior to the child's birth or making a claim for AFDC payments. Title II: Comprehensive Employment and Training Program - Requires AFDC applicants and recipients to register with a State agency for employment counseling, training, and assignment. Authorizes AFDC recipients to refuse employment which results in a net loss in their income. Directs each State to: (1) establish a single intake and registration process for AFDC applicants and recipients; and (2) arrange for the participation of AFDC recipients in one or more of the work-related programs established under title IV of the Act or other Federal law, while coordinating such programs to enhance the availability and efficiency of services provided. Authorizes each State to: (1) make an assessment as to whether immediate employment is a realistic possibility or whether training or education is needed to prepare registered applicants and recipients for employment; (2) provide applicants and recipients with counseling regarding their prospects and needs; (3) require AFDC applicants to undertake an immediate program of job search; and (4) develop an employment plan for each AFDC recipient. Requires States to provide AFDC recipients who are assigned to employment, training, or education programs, and applicants who are required to participate in job search, with child care and transportation services, otherwise such applicants and recipients need not participate in such programs. Sets the Federal share of AFDC employment, training, and education costs in excess of FY 1987 costs at 50 percent. Establishes participation standards which require State AFDC employment, training, and education programs to include a specified annual percentage (increasing from 15 percent in FY 1988 to 70 percent in FY 1996 and thereafter) of a State's mandatory AFDC population. Requires 80 percent of such population within the ages of 16 and 18 to be attending school on a full-time basis by FY 1990. Reduces Federal funding for States which fall short of such participation standards. Authorizes appropriations for AFDC employment, training, and education programs. Expresses the congressional intent that such funding be increased after FY 1988 if and to the extent such programs prove successful in reducing welfare dependency. Ensures that each State receive at least as much funds for such programs in FY 1988 and 1989 as it did in FY 1987. Provides that after FY 1989 50 percent of such funds shall be allotted on the basis of a State's share of the total participating AFDC population and 50 percent on the basis of the relative success of each State in placing high-priority AFDC applicants and recipients (high school dropouts, unwed mothers with children under age three, and AFDC recipients under age 22) in school or jobs for six months or more. Requires Puerto Rico, the Virgin Islands, and Guam to each implement a coordinated program of activities affording individuals the opportunity to achieve self-sufficiency through employment. Authorizes appropriations for such programs for each fiscal year after 1987. Makes this Act's registration, employment, and training requirements inapplicable to such territories. Establishes, in the Office of Family Assistance, an Office of Work Programs headed by a Director responsible for overseeing the operation and effectiveness of this Act's employment and training programs. Sets forth recordkeeping and reporting requirements. Authorizes States to add the cash value of food stamps to AFDC payments which are divided by the greater of the Federal or State minimum wage in determining the number of hours a community work experience program participant who is a recipient of such benefits may be required to work. Title III: Certificate System for Child Care - Authorizes States to establish a program providing certificates for child care to families: (1) whose income is less than 150 percent of the Federal poverty level; (2) which have received AFDC benefits within the past three months, but are no longer eligible for such aid because of increased earnings; and (3) which are paying for from ten to 90 percent of the cost of such child care. Limits the applicability of such certificates to the child care necessary to permit their recipients' employment or search for employment. Provides for Federal reimbursement of program costs as though they were costs incurred in providing child care to individuals assigned to an AFDC employment, training, and education program. Requires providers participating in the child care certificate program to be licensed or certified by the State, but certain providers shall be given two years to comply with State licensing or certification requirements. Requires States to disseminate information regarding child care and the certificate program to parents, the public, and child care providers. Limits the certification program's administrative expenses to eight percent of the program costs which are subject to Federal reimbursement. Authorizes the Secretary of Health and Human Services to withhold Federal payments for certificate program costs upon a State's substantial failure to comply with program requirements. Sets forth reporting requirements. Title IV: Child Support Enforcement Amendments - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to direct States to establish binding guidelines for child support award amounts. (Currently, such guidelines need not be binding). Creates a rebuttable presumption that the child support award resulting from the application of such guidelines in a judicial or administrative child support proceeding is correct. Requires States to review and update all child support orders at least once every two years to ensure that they continue to comply with child support award guidelines. Amends part A (General Provisions) of title XI of the Act to authorize up to ten States to carry out demonstration projects which require absent parents who owe child support, but whose income is insufficient to pay such support to participate in an employment or training program. Amends part D of title IV of the Act to require that the names and social security numbers of the father and mother of every child born in a State be recorded on such child's birth certificate. Requires States to adopt certain procedures with regard to paternity determinations and the standard of proof in paternity cases. Takes a State's paternity determinations into account in computing the State child support collection incentive payment. Requires each State to adopt procedures: (1) requiring employers to disclose certain information to the State child support enforcement agency regarding any employee who is under court order to pay child support; and (2) making certain legislation regarding the interstate enforcement of child support effective in the State. Provides that when the State in which the custodial parent resides requests the State in which the absent parent resides to modify a support order, the latter State shall not have jurisdiction to modify any other aspect of the order. Requires that by October 1992 every State have in effect an operational child support management information system. Reduces the Federal share of the costs for such systems. Requires the withholding of child support payments from the non-custodial parent's wages upon the issuance or modification of a child support order unless both parents agree in writing to an alternative arrangement or the parent paying child support posts a bond equal to six months of child support. Requires that the Parent Locator Service and the State agency administering the State child and spousal support plan be given access to all employment security information which is in the possession or control of any Federal or interstate telecommunications network or is available through any other data exchange method, and is to be used for child support enforcement purposes. Directs the Secretary to develop and publish standards within one year of this Act's enactment for the amount of time a State may take to complete each of several actions in child support cases. Penalizes States which fail to comply with such standards. Makes this title's amendments effective one year after this Act's enactment. Directs the Comptroller General to evaluate State implementation of this title's amendments and report to the President and the Congress regarding such evaluation within four years of this Act's enactment. Title V: State Demonstration Programs - Requires States that wish to conduct demonstration programs which include Federal, federally-assisted, or non-Federal public programs designed to alleviate poverty to submit filings regarding such demonstrations to an Interagency Low-Income Opportunity Board which shall select and approve those demonstrations judged worthy of implementation. Sets forth policy goals to be considered by the Board in selecting and evaluating such demonstrations. Directs that special consideration be given to demonstration programs designed to: (1) improve methods of helping welfare recipients achieve economic independence; (2) coordinate employment and training programs currently supported by Federal or State funds; (3) establish paternity and obtain child support orders in AFDC cases for which paternity was not established when the case was opened; (4) facilitate efforts by nongovernmental organizations to help welfare clients achieve economic independence. Requires a Governor or his designee to submit a filing which describes in detail the demonstration program to be conducted, including: (1) employment-related activities required of individuals receiving assistance under the demonstration and the circumstances in which they will not be required to participate in such activities; (2) procedures for determining the initial and continuing eligibility of, and benefits for, individuals and families; (3) a budget setting forth the amounts and sources of funding for the demonstration. Requires each Federal department or agency with responsibility for a program which is included in the demonstration program to make an estimate of Funding which, but for the demonstration, would be available for such programs so that the Chairman may compare State budgetary assumptions with such estimate. Provides that when the amount of Federal funds necessary to carry out the demonstration is less than the amount contained in the budget by reason of the effectiveness of the demonstration in achieving the objectives of this title, the State may use excess Federal funds to improve the demonstration or otherwise benefit individuals and families included in the demonstration. Provides that those within a class eligible to participate in a demonstration shall only be eligible for benefits under a program included in such demonstration. Requires the Board to conduct interim evaluations of, and have States submit annual reports on, demonstrations. Authorizes the submittal of demonstration changes for congressional approval if such changes improve the likelihood of accomplishing this title's objectives and participant benefits are not thereby reduced. Authorizes State Governors or the Chairman of the Board to terminate the demonstration (upon giving the Chairman or Governor at least three months advance notice) if the interests of the Federal Government, the State, or the participating individuals would be better served by returning to the separate conduct of the included programs. Requires a Governor, within six months of the completion of a demonstration, to submit a final report on such demonstration to the Board. Directs the Chairman to report annually to the Congress on demonstrations. Directs the Board, after selecting and approving demonstration programs in accordance with criteria it establishes, to prepare a single demonstration proposal containing all information pertinent to the programs selected. Provides that the proposal shall be submitted to the Congress and become effective unless the Congress passes legislation modifying or rejecting the proposal within 60 days after its submission by the Board. Title VI: Evaluation of Employment and Training Programs and State Demonstration Programs - Directs the Secretary to convene an Interagency Panel within three months of this Act's enactment which shall design, implement, and monitor a series of studies assessing the methods and effects of the programs initiated under titles II and V of this Act. Requires the Panel to select an advisory board of not more than 12 members, within six months of this Act's enactment, to provide the Panel with advice and counsel on all aspects of its operation. Requires the Panel to ensure that a study of child care during the welfare-to-work transition period is conducted during the first three years of its operation. Sets forth Panel reporting requirements. Authorizes appropriations for the Panel. Title VII: Miscellaneous and Related Provisions - Authorizes the Secretary to approve a five-year demonstration project testing Washington State's Family Independence Program as an alternative to the AFDC program.
United States · United States Congress · 29 July 1987
Clean Air Act Amendments of 1987 - Title I: Provisions Relating Primarily to Stationary Sources - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to classify areas which fail to attain the national ambient air quality standard for ozone by the end of 1987 into three categories: (1) Moderate Health Endangerment Area; (2) Serious Health Endangerment Area; and (3) Severe Health Endangerment Area, based on the percentage by which such area exceeds the national standard. Requires each State to submit to the Administrator a revised State implementation plan for each classified area, requiring attainment within three years for Moderate areas, five years for Serious areas, and ten years for Severe areas. Requires revised plans to include a specified percentage reduction in emissions for each year before the applicable attainment date. Requires such plans to permit the use of clean fuels as a reasonably available control measure. Directs the Administrator to audit annually such plans to assure adequacy and compliance. Requires implementation plans for Serious and Severe areas to contain a permit program which covers the construction and operation of certain new or modified emissions units. Requires emission offsets by the time such units enter operation. Requires such plans to contain a motor vehicle inspection and maintenance program to reduce in-use emissions of volatile organic compounds and oxides of nitrogen from motor vehicles, including direct inspection of vehicle emission control system components. Permits an alternative to such program in Serious areas if it will achieve equivalent reductions. Requires Severe area plans to establish a schedule for an annual increase in the percentage of new motor vehicles registered in the area which are low emission vehicles capable of using low emission fuel. Requires owners or operators of 15 or more new vehicles to own or operate low emission vehicles. Sets emissions standards for such vehicles. Establishes a per ton fee on emissions from certain stationary sources in severe areas. Requires certain sources to use catalytic control technology for emissions reductions if they burn fuel other than a clean fuel and emit above a certain tonnage of an air pollutant. Permits an alternate emission technology which is at least as effective. Requires hydrocarbon vapor recovery when fueling a motor vehicle with gasoline after 1989. Prohibits the awarding of highway funds if an area is not in compliance with the applicable implementation plan. Requires emission offsets at a ratio of five to one for new or modified source permit approval for noncomplying areas. Reclassifies noncomplying areas into the next, more stringent category, requiring previously Severe areas to meet the five to one emission offset requirements. Establishes an ozone transport region comprising coastal States on the east coast between Maine and Virginia, including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious Health Endangerment Area for ozone. Exempts regions within a State that contribute no more than two percent of the ozone concentrations or precursors in Serious or Severe regions. Exempts States that contribute no more than five percent to the ozone problem in Serious or Severe areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Directs the Administrator to establish standards to reduce evaporative emissions of volatile organic compounds from commercial and consumer solvents, architectural coatings, pesticide applications, traffic coatings, and military specification coatings. Directs the Administrator to classify areas failing to attain the national ambient air quality standard for carbon monoxide, creating a regulatory scheme parallel to that established for ozone, omitting low emission fuel and ozone transport region provisions. Requires the Administrator to publish a list of the 12 categories of uncontrolled stationary sources making the most significant contribution to the formation of ozone air pollution, including sources emitting ten tons or more per year or volatile organic compounds and/or oxides of nitrogen. Establishes a schedule for such categorization, but requires emitters of such pollutants in the requisite amounts to pay a per ton fee if guidelines for their category are not in place by 1991. Establishes criminal penalties for violations. Authorizes the Administrator to impose gasoline and diesel fuel sales fees in Severe areas. Requires the use of such fees for grants to States and local governments for the implementation of transportation control measures for ozone and carbon monoxide. Limits grants to 50 percent of costs. Title II: Provisions Relating Primarily to Mobile Sources - Amends the Clean Air Act to establish carbon monoxide emissions standards for motor vehicles and motor vehicle engines during and after model year 1992. Establishes emissions standards for hydrocarbons and oxides of nitrogen. Directs the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after 1989. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower. Prohibits the sale of leaded gas after 1989. Requires the Administrator to establish a standard for gasoline volatility after 1989. Requires new light-duty motor vehicles after model year 1990 to be equipped with onboard evaporative emissions control systems. Permits only ten percent of vehicles in a sample to fail motor vehicle testing in order for such model to retain certification. Requires each vehicle and engine to comply with the applicable emission standard (current law permits averaging). Directs the Administrator to add an idle test to the Federal Test Procedure for light-duty vehicles manufactured during or after model year 1990. Requires the Administrator to take information from State vehicle emission control and inspection programs when making determinations of nonconformity. Prohibits the sale of components intended to render inoperative vehicle pollution control devices. Requires the Administrator to take into account the number and gravity of violations when assessing civil penalties. Title III: General Provisions - Authorizes appropriations for FY 1988 through 1992.
United States · United States Congress · 23 July 1987
Home Equity Loan Consumer Protection Act of 1987 - Amends the Truth in Lending Act to impose additional disclosure requirements for any open end credit plan secured by a consumer's dwelling. Specifies the information to be disclosed as information regarding annual interest rates, finance charge conditions, fees, changes in variable interest rates, and a statement that in the event of any default the consumer risks loss of the dwelling. Imposes additional disclosure requirements for advertisements of open end credit plans secured by consumers' dwellings. Requires such advertisements to disclose a statement of any minimum or fixed amount which could be imposed, periodic rates expressed as annual percentage rates, and any other term which the Federal Reserve Board may by regulation require. Prohibits the use of advertisements for any home equity loan which refer to such loan as "free money" or as a "loan at prime." Requires the Federal Reserve Board to develop and prepare a pamphlet for distribution to consumers which contains: (1) a general description of open end credit plans secured by consumer dwellings and the terms and conditions on which such loans are generally extended; and (2) a discussion of the potential advantages and disadvantages of such plans.
United States · United States Congress · 21 July 1987
Amends the Internal Revenue Code to permit a partnership, S corporation, or personal service corporation, unless it is part of a tiered structure, to elect to have a taxable year other than the required one, but generally only if the deferral period of the taxable year elected is three months or less. (Current law requires partnerships, S corporations, and personal service corporations, in most cases, to conform their taxable years to the calendar years used by their owners.) Subjects the principals of a partnership or S corporation electing to change taxable years to additional estimated tax requirements to offset any tax deferral resulting from such election. Imposes deduction limitations on a personal service corporation that changes taxable years. Provides that an election with respect to taxable year shall be made by the partnership, S corporation, or personal service corporation and shall be binding on all partners and shareholders. Sets forth the formula for determining the additional tax requirement when a taxpayer: (1) is a partner or shareholder in at least one such entity during any applicable election years of the entity that end within the taxpayer's taxable year; and (2) has an aggregate deferred tax exceeding $200 with respect to the entity. Describes payment procedures. Requires the inclusion of specified information on returns filed by partnerships and S corporations that elect to use a non-required taxable year. Limits the tax deduction permitted to a personal service corporation for amounts paid or incurred with respect to employee-owners when such a corporation: (1) elects to have a taxable year other than the required one; and (2) fails to meet certain minimum distribution requirements regarding non-dividend amounts paid to owners.
United States · United States Congress · 20 July 1987
Title I: Medicare Catastrophic Illness Coverage Act - Medicare Catastrophic Illness Coverage Act - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to remove durational limitations on the coverage of inpatient hospital services. Provides coverage of post-hospital extended care services for up to 100 days each year. (Currently such services are provided for up to 100 days during a "spell of illness".) Requires a beneficiary to pay a deductible for each of the first two inpatient hospital admissions in a year. (Currently an inpatient hospital deductible is required for each "spell of illness.") Eliminates the coinsurance requirement for inpatient hospital services and outpatient hospital extended care services. Amends part B (Supplementary Medical Insurance) of the Medicare program to cover the amount by which a part B enrollee's out-of-pocket expenses exceed $2,000 in 1988, adjusting such ceiling thereafter to reflect changes in total Medicare per capita expenses. Excludes from the computation of a beneficiary's out-of-pocket expenses amounts above the full part B payment to physicians and others who do not accept assignment. Extends, until 1991, the limitation of the part B basic premium to 25 percent of part B costs (excluding costs resulting from this Act's catastrophic coverage). Imposes an additional premium on part B enrollees which represents an amount equal to the Secretary of Health and Human Services' estimate of a part B enrollee's share of the benefits and administrative costs which result from this Act's catastrophic care coverage and beneficiary expense ceiling. Provides for the transfer to the Federal Hospital Insurance Trust Fund of part B premium revenues which are attributable to the catastrophic care coverage this Act establishes under part A of the Medicare program. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for an initial period of up to 35 consecutive days and for a subsequent period on a physician's certification that exceptional circumstances warrant continued home health services. Imposes an additional premium on part B enrollees to cover the costs of supplemental daily home health services. Provides for the transfer of premium revenues to the Federal Hospital Insurance Trust Fund. Amends title XIX (Medicaid) of the Act to provide Medicaid coverage of prescription drugs for individuals age 65 or older whose income does not exceed 150 percent of the Federal poverty level. Subjects beneficiaries to an annual $50 deductible for such coverage. Provides that for the initial determination of an institutionalized spouse's Medicaid eligibility the institutionalized spouse may transfer his or her resources to the community spouse to the extent the spousal share (computed by dividing the sum of the spouse's resources in half) is less than $12,000 (adjusted annually to reflect changes in the cost-of-living), but attributes any resources not solely in the ownership of the community spouse to the institutionalized spouse if such transfer is not made. Considers resources held in the name of the community spouse to be available to the institutionalized spouse to the extent their value exceeds $48,000 (adjusted annually to reflect changes in the cost-of-living), or, if greater, the amount a court has ordered to be retained by the community spouse for support. Provides that after the initial eligibility determination: (1) no resources of the community spouse will be considered available to the institutionalized spouse; and (2) the income of the institutionalized spouse will not be considered to include a specified personal needs allowance, community spouse monthly income allowance, family allowance, and incurred expenses for medical or remedial care for the institutionalized spouse that are not covered by a legally liable third party. Sets forth the formulas for determining such allowances. Gives the institutionalized spouse the right to a hearing to establish that the community spouse monthly income allowance is not adequate to support the community spouse without financial duress so that an adequate amount of support will be substituted for the allowance. Prohibits such allowance from being less than court-ordered support payments. Delays the Medicaid eligibility of institutionalized individuals who disposed of their resources at less than fair market value within two-years prior to applying for Medicaid benefits. Sets forth situations in which a delay shall not be applied. Allows the institutionalized spouse to elect to be governed by State rules in effect as of March 1, 1987, regarding treatment of income and transfers of resources for Medicaid eligibility purposes, but permits neither spouse to opt out of this Act's rules regarding the treatment of resources at the initial eligibility determination. Directs the Boards of Trustees of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to include in their reports to the Congress in April 1988 an analysis, performed by the Secretary of Treasury, of options to strengthen the long-term solvency of such Trust Funds. Title II: Tax Provisions Related to Long-Term Care Insurance - Amends the Internal Revenue Code to treat certain long-term care insurance which the Secretary certifies is providing coverage to each covered person who is age 50 or older for at least one year for diagnostic, preventive, therapeutic, rehabilitation, maintenance, or personal care services provided in a setting other than the acute care unit of a hospital as accident or health insurance when taxing issuers of such insurance (hereafter referred to as qualified long-term care insurance). Requires such issuers to be reinsured by the Federal National Long-term Care Reinsurance Corporation if such Corporation is incorporated as of January 1, 1990. Provides that for the purpose of determining whether a tax exclusion applies to employer contributions to, or an employee's receipt of benefits from, qualified long-term care insurance such contributions and benefits shall be considered to be for personal injury or sickness, and medical care. Excludes from taxation: (1) the portion of distributions from individual retirement plans which is used during the year to pay the premiums for qualified long-term care coverage of individuals who are age 59 1/2 or older on the date of distribution; and (2) amounts received, when an individual who has attained age 65 surrenders, cancels, or exchanges a life insurance contract, and used during such year to pay the premiums for qualified long-term care insurance. Title III: Federal National Long-Term Care Reinsurance Corporation - Federal National Long-Term Care Reinsurance Corporation Act - Authorizes the Secretary to provide for the incorporation of the Federal National Long-Term Care Reinsurance Corporation (Corporation), which shall not be an agency or establishment of the U.S. Government. Requires the Corporation to confine its activities to reinsuring insurance companies for extraordinary loss in the issuance or payment of qualified long-term care insurance benefits. Sets forth organizing and administrative provisions with respect to the Corporation. Exempts the Corporation from State regulation and taxation. Directs the Corporation to report annually to the President and the Congress regarding its activities.
United States · United States Congress · 15 July 1987
Title I: Temporary Extension of Public Debt Limit - Increases the public debt limit (until September 30, 1987) to $2,358,000,000,000. Title II: Budget Process Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 to increase the permissible maximum deficit amounts for FY 1987 through 1990. Extends for one year the expiration date of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title III: Economic Summit - Expresses the sense of the Congress that the President, together with the bipartisan leadership of the Senate and House of Representatives, should convene a domestic economic summit conference to address the dangerous economic situation which is created by large deficits and the ineffectual budget process. Directs the conference to report its recommendations for solutions to budgetary issues and budget process reforms to the Congress and the President.
United States · United States Congress · 15 July 1987
Declares that the Congress: (1) is concerned over the political and economic conditions of ethnic Albanians in Yugoslavia and over the failure of the Yugoslav Government to protect their political and economic rights; (2) urges such Government to act to ensure that human rights as contained in the Helsinki Accords and the Concluding Document of Madrid are respected; and (3) calls upon such Government to review the cases of ethnic Albanians imprisoned on political charges and to release all of those who have not used or advocated violence.
United States · United States Congress · 13 July 1987
Designates the week of September 13 through September 19, 1987, as National Reye's Syndrome Awareness Week.
United States · United States Congress · 1 July 1987
Directs the Administrator of the Federal Aviation Administration to: (1) conduct a study of methods of screening persons and property to be carried in air transportation in order to detect dangerous weapons, explosives, and incendiary devices; and (2) report to the Congress on the study results.
United States · United States Congress · 1 July 1987
Directs the Secretary of Health and Human Services to transfer specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Marylands, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas.
United States · United States Congress · 1 July 1987
Requires the President to seek to enter into negotiations with the Government of Japan for the purpose of: (1) increasing the amount spent in any year by Japan for defense to at least three percent of the gross national product of Japan; or (2) obtaining payment by Japan to the United States of the amount by which such percentage amount exceeds the amount spent by Japan on defense.
United States · United States Congress · 24 June 1987
Amends rule XXI of Rules of the House of Representatives to prohibit any appropriation from being reported in any joint resolution continuing appropriations, or from being in order as an amendment thereto, for any expenditure not previously authorized by law, except to continue appropriations for public works and objects which are already in progress. Prohibits any provision which changes existing laws from being reported in any joint resolution continuing appropriations except germane provisions which retrench expenditures by the reduction of money covered by the bill, which may include those recommended to the Committee on Appropriations by direction of any legislative committee having jurisdiction over the subject matter. Prohibits an amendment to a joint resolution continuing appropriations from being in order if changing existing law. Declares that, except as provided by this Act, no amendment shall be in order during consideration of a joint resolution continuing appropriations proposing a limitation not specifically contained or authorized in existing law for the period of the limitation. Sets forth floor procedure for consideration of an acceptable joint resolution continuing appropriations. Prohibits the House from considering any joint resolution continuing appropriations, or amendments thereto, which covers a period of more than 90 calendar days. Prohibits any item of appropriation set forth in any joint resolution continuing appropriations from exceeding the lesser of the amount set forth for such item in the House-passed or Senate-passed general appropriation bill for the fiscal year. Declares that if there is no House-passed or Senate-passed bill containing such item, then such item shall be at the rate at which it would have been assuming the continuation of current law. Prohibits the waiver of any provision of this resolution except by two-thirds vote of the Members present and voting. Declares this resolution applicable with respect to joint resolutions continuing appropriations for FY 1989 or any subsequent fiscal year.
United States · United States Congress · 17 June 1987
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree, by enactment of a joint resolution, on an estimate of total receipts for that fiscal year. Prohibits outlays for that year from exceeding such estimated receipts unless the Congress, by a three-fifths rollcall vote of each House, provides for a specific excess of outlays over receipts. Requires the Congress, whenever actual outlays exceed actual receipts for any fiscal year, to provide by law for the repayment of such excess in the ensuing fiscal year. Requires a three-fifths rollcall vote of each House to increase the public debt. Directs the President to submit to the Congress a proposed budget for each fiscal year in which total outlays do not exceed total receipts. Requires the approval by a majority of the total membership of each House by rollcall vote before any bill to increase revenue may become law. Waives this article for any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing, and total outlays shall include all outlays of the United States, except those for repayment of debt principal.
United States · United States Congress · 11 June 1987
Declares that the United States should enter into negotiations with countries which participate in a common defense alliance with the United States, particularly members of the North Atlantic Treaty Organization (NATO) and Japan, for the purpose of a more equitable apportionment of the burden of financial support for the alliance.
United States · United States Congress · 10 June 1987
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds may be issued. (Under current law, authority to issue these bonds expires as of 1989.)
United States · United States Congress · 4 June 1987
Small Business Bilateral Free Trade Act of 1987 - Amends the Trade Act of 1974 to authorize the President to enter into a trade agreement with Canada which provides more equitable tariff treatment for United States furniture, recreational marine craft, and printed products. Requires such agreement to provide for eliminating: (1) differing tariff levels on trade between the United States and Canada involving furniture, recreational marine craft, and printed products; and (2) any Canadian nontariff barrier to United States furniture, recreational marine craft, and printed products. Requires the President, when negotiating an agreement with Canada, to consider for furniture, recreational marine craft, and printed products: (1) trade distortions resulting from inequitable tariff treatment by Canada; (2) adverse employment impacts in the United States; and (3) the effect of the overvalued dollar and persistently high interest rates in the United States on imports and exports of such products. Provides that if a trade agreement is not reached before September 6, 1988, the rate of duty on each Canadian furniture, recreational marine craft, and printed product entering the United States between that date and March 1, 1989, shall be the lower of: (1) 150 percent of the duty in effect for a product of that kind on the date of enactment of this Act; and (2) the duty equal to the Canadian rate of duty for a like U.S. product on the date of enactment. Provides that if a trade agreement is not reached before March 1, 1989, the rate of duty on each Canadian furniture, recreational marine craft, and printed product entering the United States shall equal the Canadian rate of duty for a like U.S. product in effect on that day and shall be reviewed biannually to equalize changes in Canadian rates. Requires the President to consult with the Senate Finance Committee and the House Ways and Means Committee when negotiating such a trade agreement with Canada.
United States · United States Congress · 4 June 1987
Amends rule XIII of the Rules of the House of Representatives to require each House committee that reports legislation requiring employers to provide new employee benefits to include in such report an analysis of the impact of the legislation on employers (especially small businesses), the economy (in terms of international competitiveness), and employees (in terms of lost jobs).
United States · United States Congress · 28 May 1987
International Debt Recovery Act of 1987 - Amends the International Lending Supervision Act of 1983 to provide that in the establishment of capital adequacy levels for banking institutions, the appropriate Federal banking agencies shall require increased capital for such institutions exposed to country debt that has been classified by bank regulatory agencies in certain high risk categories, subject to specified conditions. Provides that the ultimate collectibility of debt shall be presumed, and increased capital shall not be required, in the case of countries that are demonstrating clear progress toward financial recovery and restored creditworthiness as indicated by specified factors. Provides that for countries not demonstrating such progress toward financial recovery and creditworthiness, the capital adequacy requirements shall be based on an evaluation of risk encompassing such factors as: (1) interruptions in debt servicing; (2) past and projected economic performance; and (3) secondary market valuation of the country's debt. Amends the Bank Holding Company Act of 1956 to exempt from the prohibition on ownership or control by a bank holding company of voting shares of a nonbanking organization the acquisition of shares in a company which does no business in the United States except as an incident to its international or foreign business if: (1) the shares are acquired as a result of or in connection with a conversion or exchange of restructured obligations, principal, interest, or any other proceeds of any restructured obligations or obligations issued in exchange for any new money contributions, or any other obligation the repayment of which in nonlocal currency and immediately available funds is prohibited under local law; (2) the bank holding company has received prior approval by the Federal Reserve Board for transactions in excess of the smaller of $50,000,00 or two percent of capital or, for all other transactions, provided prior notice to the Board; and (3) the shares are not held for more than ten years or, if later, five years after the investment may be legally repatriated in its entirety subject to the Board's authority to extend such period for good cause. Requires the Federal bank regulatory agencies to report semiannually to the specified congressional committees concerning steps taken to implement this Act, including specified information concerning the category of debt of various countries and the exposure and capital and reserve position of the 24 largest U.S. banks.
United States · United States Congress · 27 May 1987
Hostile Foreign Takeover Moratorium Act - Makes congressional findings concerning the financing of corporate takeovers and the resulting loss of jobs and dislocations to local and regional economies and to the national economy. Amends the Securities Exchange Act of 1934 to place a six-month moratorium on tender offers for any equity securities by any foreign person if any part of the consideration to be paid: (1) is cash, unless the person has cash or cash equivalents equal to the aggregate amount of such cash consideration; or (2) is to be financed by means of a loan, borrowing, or the issuance of debt securities. Provides that such moratorium shall not apply if the acceptance of such offer has been recommended and approved by the directors of the person to be acquired. Authorizes the Securities and Exchange Commission to enforce the provisions of this Act.