United States · United States Congress · 28 October 1987
Repeals provisions of the Tax Reform Act of 1986 relating to the taxation of both individual and corporate capital gains. Provides that the Internal Revenue Code shall be applied and administered as if such provisions had not been enacted. (The capital gains tax rate for corporations would generally be 28 percent.) Amends the Internal Revenue Code to revise the method of calculating the deduction for capital gains of noncorporate taxpayers. Allows a capital gains deduction equal to: (1) 100 percent for assets held five years or longer; (2) 60 percent for assets held for between three and five years; and (3) 40 percent for assets held for between one and three years. Amends the Deficit Reduction Act of 1984 to increase the holding period required for long-term capital gain tax treatment of property acquired after 1986.
United States · United States Congress · 20 October 1987
Recommends that the Government lend support to efforts to overturn United Nations General Assembly Resolution 3379 (XXX), which equates Zionism with racism.
United States · United States Congress · 15 October 1987
Authorizes the Smithsonian Institution to develop a master plan for expansion of the National Air and Space Museum at Washington Dulles International Airport that will not interfere with the operations of the airport. Authorizes appropriations for FY 1988 and 1989 for master planning activities.
United States · United States Congress · 15 October 1987
Organotin Antifouling Paint Control Act of 1987 - Prohibits the use on a vessel 25 meters or less in length of organotin-based antifouling paint, except as specified. Prohibits the sale of antifouling paint containing organotin or its application to a vessel unless the Administrator of the Environmental Protection Agency certifies that the release rate of such paint is below a specified level. Prohibits the sale of organotin paint additives. Permits the use of existing stockpiles for no more than 180 days following enactment. Sets forth certification procedures. Directs the Administrator to monitor and report annually for seven years to specified congressional officials on the concentrations of organotin in representative estuaries. Requires the Secretary of the Navy to periodically test and report to the Administrator and the State Governor on organotin contamination in waters and harbors serving as the home port for any Navy vessel. Imposes civil penalties for violations of this Act. Requires the Administrator to study and report to specified congressional officials on alternative antifouling chemicals and systems. Requires sale and use prohibitions to continue until a final decision on the release of organotin into the aquatic environment through such paints takes effect.
United States · United States Congress · 15 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
Urges the German Democratic chief of state Erich Honecker to: (1) repeal the order directing East German border guards to shoot to kill anyone who attempts to cross the Berlin Wall; and (2) issue an order to tear down the Berlin Wall.
United States · United States Congress · 8 October 1987
Requires U.S. coins to be redesigned, at the discretion of the Secretary of the Treasury, over the next six years. Requires the reverse side of the first coin redesigned to commemorate the bicentennial of the U.S. Constitution for a two-year period. Requires that any profits from the sale of uncirculated and proof sets of U.S. coins be deposited in the Treasury and used solely to reduce the national debt.
United States · United States Congress · 8 October 1987
Omnibus Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury (Secretary) to prepare a statement setting forth in nontechnical terms: (1) the rights and obligations of a taxpayer and of the Internal Revenue Service (IRS) during a tax audit; (2) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file complaints; and (3) the procedures that the IRS may use in enforcing revenue laws. Directs the Secretary to transmit drafts of such statement to specified congressional committees and to distribute the final statement to all taxpayers receiving annual tax filing forms from the IRS. Requires the IRS, upon taxpayer request, to conduct any interview regarding the determination or collection of any tax at a reasonable time and place convenient to the taxpayer and to the IRS, and to permit the taxpayer, at his or her own expense, to record the interview. Authorizes the IRS interviewer to record such interview if the taxpayer has been given prior notice and is provided, upon request and payment of reproduction costs, with a transcript of the recording. Requires the interviewer to explain to the taxpayer the audit process, including the taxpayer's rights with respect to the process. Requires the Secretary to abate any penalty or interest imposed on any deficiency attributable to erroneous advice in writing given to a taxpayer by an IRS officer or employee in response to such taxpayer's specific inquiry. Authorizes the IRS Ombudsman, upon application filed by a taxpayer, to issue a Taxpayer Assistance Order if, in the determination of the Ombudsman: (1) the taxpayer is suffering or is about to suffer from an unusual or irreparable loss as a result of the manner in which the internal revenue laws are being administered by the Secretary; and (2) the Secretary has failed to carry out any of his or her duties or has violated any provision of law. Allows the terms of a Taxpayer Assistance Order to require the Secretary to release property of the taxpayer levied upon or to cease or refrain from certain actions. Requires the Secretary to obey any Taxpayer Assistance Order issued by the Ombudsman. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations with respect to Taxpayer Assistance Orders, including provisions to assure full, fair, and impartial due process for affected taxpayers. Amends the Inspector General Act of 1978 and other Federal law to establish within the Department of the Treasury an Office of Inspector General. Transfers to such Office the existing audit and investigation units of the Department. Sets forth criteria with respect to: (1) the authority of the Inspector General to conduct an investigation; and (2) the authority of the Secretary in cases of audits or investigations requiring access to information of a sensitive or confidential nature. Allows the Secretary to prohibit investigations under specified circumstances. Restricts disclosure by the Inspector General of tax returns and return information. Prohibits records of tax enforcement results from being used to evaluate certain IRS personnel or to impose or suggest production quotas. Requires district directors to certify compliance with this mandate on a monthly basis. Requires the Secretary to certify that a rule proposed by the IRS is substantially the only alternative that meets the mandate of the relevant statute in order for the rule to be considered an interpretative rule (and thereby not subject to analyses under the Regulatory Flexibility Act). Amends the Regulatory Flexibility Act to require regulatory flexibility analyses to include consideration of both the direct and indirect beneficial and negative effects of a proposed or final rule. Amends the Internal Revenue Code to direct the Secretary, with limited exceptions, to send a preliminary letter of deficiency to a taxpayer prior to the mailing of a deficiency notice. Specifies required contents for tax due notices and deficiency notices, including the basis of the deficiency and a breakdown of the total amount into tax, interest, and penalty. Directs the Secretary, within 90 days of this Act's enactment, to issue regulations requiring all IRS personnel to explain and support their position in assessing any penalties or additions to tax. Requires the Comptroller General to study IRS procedures with respect to such assessments and to present findings to specified congressional committees no later than December 31, 1988. Authorizes the Secretary to enter into a binding agreement with a taxpayer under which the taxpayer may pay tax liability in installments if the Secretary determines that such an agreement will facilitate collection of the liability. Permits the Secretary, after proper notice and a hearing, to modify or annul the agreement upon the finding that the financial condition of the affected taxpayer has significantly changed. Renders such an agreement nonbinding if the taxpayer fails to pay any installment or any other tax liability when due. Extends from ten to 30 days the period between the required notice to a person who neglects or refuses to pay tax liability and a levy on such person's salary, wages, or other property. Specifies information that must be incorporated in such notice, including possible alternative actions and the appropriate appeals procedures. Adds to the circumstances triggering termination of such a levy: (1) an agreement between the taxpayer and the Secretary for payment of the liability; and (2) the Secretary's determination that the taxpayer's financial condition precludes enforceability of the liability. Revises the list of property exempt from levy to: (1) increase the exempt amount permitted for certain personal effects, the property of a business, and wages; (2) add an exemption for certain deposits in qualified institutions; and (3) provide an express exemption, except under limited circumstances specified in this Act, for the taxpayer's principal residence, a motor vehicle used by the taxpayer as the primary means of transportation to work, and any tangible personal property essential to the operation of the taxpayer's business in cases when a levy would prevent the taxpayer from carrrying on such business. Prohibits a levy on any property when levy and sales expenses would exceed either the liability for which the levy is made or the fair market value of the levied property. Permits the Secretary to demand surrender of bank accounts only after 21 days in escrow have passed since service of the notice of levy on the accounts. Sets forth situations in which the Secretary must release a levy. Applies to jeopardy levies the administrative and judicial review procedures currently applicable to jeopardy assessments. Permits a taxpayer to bring a civil action against the United States in the Tax Court for judicial review of jeopardy levies and assessments. (Under current law an action for judicial review of jeopardy assessments may be filed only in district court.) Increases the time during which a taxpayer may petition for such review. Describes the jurisdictional requirements to be applied to such actions. Allows an administrative appeal of tax liens. Grants to the Tax Court exclusive jurisdiction to enjoin premature assessments if the taxpayer has filed a timely petition for review. Provides for review of such injunctive orders by the U.S. Court of Appeals. Grants to the Tax Court jurisdiction to enforce payment by the Secretary of refunds of overpayment and interest to taxpayers. Places on the Secretary the burden of proof of justifying any failure to refund, credit, or offset relevant amounts with respect to a taxpayer. Entitles a prevailing taxpayer to: (1) an interest rate of 120 percent of the overpayment rate with respect to refunds; and (2) reasonable litigation costs. Grants to the Tax Court jurisdiction to: (1) review jeopardy assessment sales of assets; and (2) redetermine interest under certain circumstances when a taxpayer claims an overpayment of the interest. Vests in the Tax Court original jurisdiction over any civil action against the Secretary for the recovery of any tax, additions to tax, and penalties with respect to income, estate, gift, and certain excise taxes. Authorizes an award of reasonable litigation costs to the prevailing party in proceedings by taxpayers before the Internal Revenue Service. Permits a taxpayer to bring a civil action in district court for actual damages resulting from the failure of any Federal officer or employee to release a tax lien on the taxpayer's property. Permits a civil cause of action in district court for damages resulting from the careless, reckless, or intentional disregard of internal revenue laws by any Federal officer or employee. Denies damage awards in cases of contributory negligence. Authorizes a damage award, to a $10,000 maximum, to the United States in cases of frivolous or groundless claims by a taxpayer. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation or surveillance authorized or conducted by an officer or employee of the United States in connection with Federal tax laws that inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Establishes in the Internal Revenue Service the Office for Taxpayers Services, under the supervision of an Assistant Commissioner of Internal Revenue. Directs this Assistant Commissioner to: (1) be responsible for telephone, walk-in, and educational services, and for the design and production of tax and information forms; and (2) prepare annually, for presentation to specified congressional committees, a joint report (with the Chief Problem Resolution Officer for the IRS) on the quality of taxpayer services.
United States · United States Congress · 7 October 1987
Authorizes the Indian American Forum for Political Education to establish a memorial to Mahatma Gandhi in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 7 October 1987
Agriculture Nitrogen Management Act of 1987 - Directs the Secretary of Agriculture and the Administrator of the Environmental Protection Agency to establish an Agricultural Nitrogen Best Management Practices Task Force to: (1) develop agricultural best management practices to minimize nitrogen losses from all potential uses of agricultural nitrogen; (2) develop and disseminate to American farmers educational and training materials with respect to such practices; and (3) report to the Congress in one year on the progress of its efforts. Authorizes appropriations. Amends the Federal Water Pollution Control Act (Clean Water Act) to require that any State assessment report or management report be developed in consultation with the task force. Directs the Administrator to consult with the task force in preparing annual reports and final reports to the Congress.
United States · United States Congress · 7 October 1987
An Act to Reduce Fires Caused by Cigarettes - Directs the Secretary of Health and Human Services to issue by rule a fire safety standard for cigarettes. Prohibits stockpiling of cigarettes between the issuing and effective dates of the standard. Provides for judicial review of the rule. Prohibits the manufacturing or importing of a cigarette unless the cigarette is in compliance with a standard issued under provisions of this Act. Declares violation of the prohibition to be a violation of provisions of the Federal Food, Drug, and Cosmetic Act. States that this Act does not preempt any law of a State which prescribes a more stringent fire safety standard for cigarettes. Prohibits, in any civil action for damages, admitting compliance with the standard as a defense.
United States · United States Congress · 7 October 1987
Amends the Internal Revenue Code with respect to the valuation of farm land for estate tax purposes. Permits a decedent's spouse who acquires farm and other real property as a result of the decedent's death to enter into a cash lease of such property with a family member and still have the property valued under use value principles rather than according to its highest and best use. Applies retroactively to leases for periods after December 31, 1976, of qualified real property of decedents dying after the same date.
United States · United States Congress · 2 October 1987
Amends the Agricultural Act of 1949 to provide that, notwithstanding the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and the subsequent sequestration order issued by the President (under such Act), FY 1987 dairy expenditure reductions shall be implemented through a reduction in the price received by milk producers rather than through a reduction in Commodity Credit Corporation payments for dairy product purchases. States that such reductions shall be no greater than needed to equal the reduction in milk support expenditures required by such order.
United States · United States Congress · 30 September 1987
Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Includes as deductible all reasonable and necessary expenses that do not violate a Federal or State law and that are directly related to a legal adoption of any child if the adoption has been arranged by a State or local agency or other nonprofit agency, or through a private placement. Limits the deduction to $5,000 per adopted child. Reduces the amount of the deduction when the taxpayer's income exceeds $60,000. Disallows such a deduction for expenses in connection with: (1) the adoption of a stepchild; or (2) travel outside the United States unless the travel is required as a condition of the child's adoption, to assess the child's health and status, or to escort the child back to the United States. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits the exclusion to $5,000. Reduces the amount excluded when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.
United States · United States Congress · 29 September 1987
National Institute on Deafness and Other Communication Disorders Act - Amends title IV (National Research Institutes) of the Public Health Service Act to establish the National Institute on Deafness and Other Communication Disorders (Institute) as an agency of the National Institutes of Health (NIH). Removes communicative disorders from the title and purpose of the National Institute of Neurological and Communicative Disorders and Stroke. Requires the Director of the Institute, with the advice of the Institute's advisory council, to establish a National Deafness and Other Communications Disorders Program (Program). Requires the Director to prepare and transmit to the Director of NIH a plan to initiate, expand, intensify, and coordinate activities of the Institute respecting disorders of hearing, balance, voice, speech, taste, and smell. Requires activities under the Program to be coordinated with other national research institutes and describes the minimum activities of the Program. Requires the Director to establish a National Deafness and Other Communication Disorders Data System for the collection, storage, analysis, retrieval, and dissemination of data and a National Deafness and Other Communication Disorders Information Clearinghouse. Requires the Director, after consultation with the advisory council, to provide for the development, modernization, and operation of new and existing centers for studies of disorders of hearing and other communication processes. Sets forth requirements for the centers, including conducting research and training programs and information and continuing education programs for health professionals, and public information programs. Authorizes centers to provide stipends for health professionals in their training programs. Describes other programs the centers may undertake. Requires the Director to provide for an equitable geographical distribution of centers and to give appropriate consideration to the need for centers for the elderly and for children. Limits support of a center to seven years, with one or more additional periods of not more than five years, if recommended by a peer review group established by the Director, with the advice of the advisory council. Authorizes appropriations. Sets forth transitional and savings provisions.
United States · United States Congress · 29 September 1987
Family Farm Protection Act - Title I: Wheat - Amends the Agricultural Act of 1949 to replace the current system of price supports for wheat with a system of nonrecourse loans and equity payments for the 1990 through 1995 crop years. Directs the Secretary of Agriculture to make available to producers nonrecourse loans for each of the 1990 through 1995 crops of wheat at a level of $1.60 per bushel. Provides for upward adjustment of such loan level for the 1992 crop years and following years. Directs the Secretary for such crop years to make equity payment to eligible producers. Sets the payment rate at $1.31 per bushel, adjusted downward annually until it reaches 50 percent for the 1995 crop. Prohibits the Secretary from requiring participation in any production adjustment program for wheat as a condition of eligibility for such loans or payments. Permits the Secretary to make land diversion payments to wheat producers in certain circumstances. Specifies general safeguards the Secretary must provide tenants and sharecroppers. Makes certain Federal law requirements inapplicable to wheat crops under this title. Suspends certain marketing quota and producer certificate provisions of specified Federal law. Title II: Feed Grains - Replaces the current system of price supports for feed grains with a system of nonrecourse loans and equity payments for the 1990 through 1995 crops of feed grains. Sets forth provisions similar to those for wheat under title I. Sets the nonrecourse loan rate for corn at $1.30 per bushel and the equity payment rate at $1.04 per bushel, with annual downward adjustments of the payment rate until it reaches 50 percent for the 1995 crop. Title III: Cotton - Replaces the current system of price supports for cotton with a system of nonrecourse loans and equity payments for the 1990 through 1995 crops. Sets forth provisions similar to those for wheat and feed grains. Sets the nonrecourse loan rate at $.45 per pound and the equity payment rate at $.208 per pound, adjusted downward annually until it reaches 50 percent in 1995. Title IV: Rice - Replaces the current price support program for rice with a system of nonrecourse loans and equity payments for the 1990 through 1995 rice crops. Sets forth provisions similar to those for wheat, feed grains, and cotton. Sets the nonrecourse loan rate at $4.50 per hundredweight and the equity payment rate at $4.38 per hundredweight, adjusted downward annually until it reaches 50 percent. Title V: Soybeans and Sunflowers - Establishes a system of support prices for soybeans and sunflowers for the 1990 through 1995 crops. Sets forth provisions similar to those for wheat, feed grains, cotton, and rice. Sets the price support of soybeans at $3.50 per bushel and the equity payment rate at $.80, adjusted downward annually until it reaches zero. Directs the Secretary to set the price support and equity payment rate for sunflowers taking into account specified considerations. Requires annual downward adjustment of the equity payment rate for sunflowers until it reaches zero. Title VI: General Commodity Provisions - Limits to $200,000 (currently $250,000) the total payments a person is entitled to receive for all crops produced during a crop year. Sets forth a payment limit schedule, with successive ten percent reductions for each $50,000 credited. Establishes a schedule of permitted plantings for nonprogram crops, beginning with zero for the 1990 crop years and rising to 50 percent for the 1995 crop years. Sets forth conditions for land diversion payments. Prohibits the Commodity Credit Corporation (CCC) from selling any basic or nonbasic agricultural commodity until its market price equals at least 125 percent of the current price support. Requires the CCC to cease selling when the market price drops below 125 percent of the current price support. Requires the Secretary to ensure that net farm income under the new farm program established under this Act equals or exceeds net farm income under the old farm program. Title VII: Trade - Amends the Food Security Act of 1985 to repeal authority to export bulk commodities through the Export Enhancement Program (EEP). Extends through FY 1995 the Secretary's authority to use agricultural commodities to expand export markets. Decreases from $1,500,000,000 to $250,000,000 the maximum value of the commodities so used. Extends through FY 1995 the export credit guarantee program. Reduces from $5,000,000,000 to $1,000,000,000 the minimum amount of credit guarantees made available under such program.
United States · United States Congress · 25 September 1987
National American Indian Museum and Memorial Act - Title I: Establishes within the Smithsonian Institution a memorial to the American Indian people to be known as the National Museum of the American Indian, Heye Foundation, to provide for the study, research, collection, and exhibition of aboriginal Americans and their culture. Designates a specified area in the District of Columbia as the site of the Museum. Authorizes the Smithsonian to accept the transfer of all assets of the Museum of the American Indian, Heye Foundation, in New York City. Provides for the construction of a building for the Museum at the District of Columbia site, a Museum Support Center in Suitland, Maryland, and a permanent exhibition facility in New York City. Provides that the Heye Foundation's collection will not be merged with the Smithsonian's collection. Provides that the proceeds from the sale of property acquired through the transfer of the Foundation's assets will be maintained for the exclusive benefit of the Museum. Establishes the Trustees of the National Museum of the American Indian, Heye Foundation, to assist the Board of Regents of the Smithsonian on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) determine the policy for displaying artifacts. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Pledges that the United States will provide the funds needed to maintain and operate the Museum. Authorizes appropriations. Title II: Establishes a memorial within the Museum to commemorate the contributions of Indians and Alaska Natives to the United States and to house certain skeletal remains. Expresses the intent of the Congress that the memorial and Museum be completed within five years of the enactment of this Act. Requires the Secretary of the Smithsonian to determine the tribal origin of all skeletal remains of Indians and Alaska Natives under the control of the Smithsonian. Requires the Secretary to inter in the memorial all skeletal remains of Indians and Alaska Natives covered by a written statement to the Congress certifying that such remains: (1) have not been identified as being associated with a specific Indian tribe or group of Alaska Natives; or (2) have been identified as being associated with a specific Indian tribe or group of Alaska Natives which requests the interment of such remains in the memorial; and (3) are not likely to be the subject of any Indian claim or dispute. Requires the Museum to establish a Board of Design for the memorial, the majority of whose members shall be of American Indian or Alaska Native ancestry. Authorizes appropriations.
United States · United States Congress · 22 September 1987
Tax Policy Information Act of 1987 - Title I: Amendments to the Congressional Budget and Impoundment Control Act of 1974 - Amends the Congressional Budget and Impoundment Control Act of 1974 to: (1) revise the definition of "tax expenditures" to include the elements of revenue gain, discriminatory rate of tax, and acceleration of tax liability; (2) provide for alternative calculations of both income and revenue loss or gain; and (3) require a tax expenditures budget to reflect these alternative calculations. Mandates that the required reports accompanying a bill, resolution, or conference report providing for increased or decreased tax expenditures for a fiscal year include: (1) an estimate of the effects on the tax expenditures budget; and (2) a projection of the resulting tax expenditures in each of the succeeding five fiscal years. Mandates that: (1) the required committee report accompanying any concurrent resolution on the budget disclose the economic assumptions and methodology underlying each matter set forth in the resolution; and (2) technical explanations be made available to the public separately from the required report. Title II: Amendments to the Internal Revenue Code - Amends the Internal Revenue Code with respect to the duties of the Joint Committee on Taxation (JCT). Directs the JCT to: (1) use to the maximum extent possible in its reports, publications, and analyses, the same definitions of significant terms as are used in the Congressional Budget and Impoundment Control Act of 1974; (2) make available to the public technical explanations of the data, assumptions, and methodology used in its reports; and (3) provide a revenue loss or gain estimate within 60 day of the request of two members of either the Senate or the House (one of whom must be a member of the Senate Finance Committee or House Ways and Means Committee respectively). Title III: Miscellaneous Provisions - Amends the Congressional Budget and Impoundment Control Act of 1974 to add requirements to apply when a committee of either the House or the Senate defers making available revenue estimates relevant to any given piece of legislation affecting the budget, spending, credit, or revenue. Requires that the President's budget include alternative tax expenditures budgets of the same type required in reports accompanying congressional legislation. Directs the Secretary of the Treasury, not later than 120 days following enactment of this Act, to submit to specified congressional committees a draft of technical amendments necessary to reflect amendments made by this Act. Title IV: Effective Date; Application - Makes this Act effective on the date of enactment.
United States · United States Congress · 18 September 1987
Expresses the sense of the Senate that the Secretary of Agriculture should make 1988 advance deficiency payments for wheat, feed grains (up to 40 percent of projected payments for such crops), upland cotton, and rice (up to 30 percent of projected payments for such crops).
United States · United States Congress · 17 September 1987
Expresses the sense of the Congress that: (1) the administration should oppose the implementation of the European Community directive which will limit U.S. access to such Community's agricultural markets; (2) if the European Community denies U.S. meat imports based on unsubstantiated standards or standards not applied to all Community members, the administration should adopt countermeasures; and (3) the administration should communicate to the Community that the United States views the directive as inconsistent with such Community's obligations under the General Agreement on Tariffs and Trade.
United States · United States Congress · 16 September 1987
Acknowledges the historical debt of the United States to the Iroquois Confederacy and other Indian nations for their demonstration of democratic principles and their example of a free association of independent Indian nations. Reaffirms the government-to-government relationship between the United States and Indian tribes. Reaffirms the trust responsibility and obligation of the Government to Indian tribes, including Alaska Natives. Acknowledges the need to exercise good faith in upholding treaties with the various tribes.
United States · United States Congress · 11 September 1987
Child Care Services Improvement Act of 1987 - Title I: Child Care Block Grant - Amends the Public Health Service Act to establish a child care services block grant program. Authorizes appropriations for FY 1988 through 1990 for allotments to States to carry out specified child care services activities. Provides for State allotments on the basis of State population and State population weighted by relative per capita income. Provides for additional allotments under specified circumstances. Requires States to use allotment payments to make grants to eligible entities for specified projects. Includes among eligible entities: (1) local government units, including school districts; (2) nonprofit organizations; (3) professional or employee associations; (4) consortia of small businesses; (5) higher education institutions; (6) hospitals or health care facilities; (7) family care providers; or (8) entities that the State considers able and appropriate to carry out a project under this title. Includes among such projects: (1) voucher programs or scholarships to enable low income families to obtain adequate child care; (2) community or neighborhood child care centers, including renovation of public buildings for such purpose; (3) after-school child care programs; (4) grants or loans for start-up costs of employer-sponsored child care programs; (5) training programs for child care providers; (6) temporary care of sick children unable to attend child care programs in which they are enrolled; or (7) any project consistent with the purposes of this Act. Sets forth limitations on the use of such funds and waivers of such limitations. Directs the Secretary of Health and Human Services (the Secretary) to provide technical assistance to States in planning and operating activities under this title. Sets forth provisions for State administration of such funds. Requires States, in order to receive such funds, to certify that they will: (1) coordinate provision of child care services with other available child care services; (2) agree that such funds will be used to supplement, not supplant, non-Federal funds; (3) establish an advisory council on child care; and (4) adopt standards of accreditation or licensing for family-based and group child care providers, and methods of inspection and certification based on such standards. Requires annual State reports to the Secretary on the use of such funds. Sets forth grant application requirements for eligible entities. Requires assessment of proportional income-based fees, parental involvement, and the meeting of State quality standards. Requires grantees to fund between ten and 50 percent of the project cost with non-Federal funds. Requires States to give priority to projects that will continue to carry out the purposes of this Act without Federal funds. Requires the State Governor to establish an advisory council on child care. Requires each State to determine the age at which children shall become eligible to participate in programs established or benefited under this Act. Title II: Child Care Liability - Part A: Child Care Liability Reform - Applies the provisions of this part, with specified exceptions, to any civil action, in any State or Federal court, against any child care provider or in-home child care provider licensed or accredited pursuant to State or local law or standards, based on any cause of action, including negligence and professional malpractice, in which damages are sought for physical injury or for physical or mental pain or suffering or for property damage. Makes this part inapplicable to civil actions for intentional torts. Provides that this part shall preempt and supersede Federal or State law only to the extent such law is inconsistent. Sets forth certain defenses, rules, and rights which are not affected by this part. Makes joint and several liability inapplicable to any action subject to this title. Makes an exception for concerted actions. Provides for reduction of awards for damages in cases of collateral sources of compensation. Provides for a two-year statute of limitations for civil actions under this title. Makes the following entities which provide child care not liable for any such child care provider or facility which is a separate corporation or organization: (1) nonprofit organizations described under specified Internal Revenue Code provisions and which are tax-exempt; (2) corporations which are controlled by or closely identified with a religious organization which is tax-exempt and operates exclusively to provide child care services; or (3) day or residential schools which provide education. Encourages States to establish an expedited and simplified procedure whereby such entities will be able, inexpensively and quickly, to incorporate separately as a child care provider. Part B: Child Care Liability Insurance Pool - Authorizes any State to permit or provide for the establishment of a child care liability insurance pool whose members are child care providers licensed or accredited pursuant to State or local law or standards. Defines child care liability insurance pool. Authorizes appropriations for FY 1988 to carry out this title and to remain available for assistance to States for FY 1988 through 1990. Directs the Secretary to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary to allot the remainder to States on the basis of number of children who have not attained the age of 12. Permits a portion of such allotments to be used for State administrative costs. Sets forth State application requirements. Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability insurance pool are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide that the State shall use at least the amount allotted to establish or maintain a liability insurance pool for child care providers; and (4) specify how any such liability insurance pool will continue to be financed after FY 1990, such as through contributions by the State or by members of such pool. Directs the Secretary to review and approve State plans and to monitor State compliance with requirements of this part. Provides for suspension of payments upon a finding of noncompliance. Sets forth provisions relating to entitlement, method, and State spending of allotment payments. Title III: Revolving Loan Funds - Authorizes appropriations for FY 1988 to carry out this title and to remain available for assistance to States for FY 1988 through 1990. Directs the Secretary to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary to allot the remainder to States on the basis of number of children who have not attained the age of 12. Permits a portion of such allotments to be used for State administrative costs. Sets forth State application requirements. Requires State plans to set forth procedures and requirements whereby persons desiring to make capital improvements to their principal residence in order to become a licensed or accredited family-based child care facility may obtain a loan from the State revolving loan fund. Requires such fund to be administered by the State and to provide loans to qualified applicants, pursuant to terms and conditions the State establishes. Limits the amount of any such loan to $1,500. Requires the State plan to provide that the State establish a revolving loan fund with certain procedures. Title IV: Amendments to the Internal Revenue Code of 1986 - Child Care Facility Tax Incentive Act of 1987 - Amends the Internal Revenue Code to establish an income tax credit for employers for expenses paid or incurred to acquire, construct, maintain, or operate a qualified child care facility. Requires that such facility be operated by the employer. Requires that at least 30 percent of the facility's enrollees be dependents of employees of such employer. Requires that the facility be located at or near the employer's business premises. Requires that the facility be accredited or licensed under State and local laws. Sets forth special rules for allocation in the case of multiple employers or partnerships and for pass-through in the case of estates and trusts. Excludes earnings from the provision of qualified family-based or in-home child care services from self-employment taxes, estimated taxes, and wage withholding requirements. Requires cafeteria plans to provide a child care option. Provides for an additional personal exemption for a child whose mother has no earned income during the period between the child's birth and the child's attaining age six months. Limits such exemption to taxpayers whose adjusted gross income does not exceed 150 percent of the poverty level. Raises the limitation on the amount which may be contributed to individual retirement accounts for homemakers under provisions for income tax deductions. Provides that such deduction may be allowable even if the spouse is an active participant in a pension plan.
United States · United States Congress · 7 August 1987
Farm Credit Act of 1987 - Title I: Farm Credit Revolving Fund; Franchise Taxes; Purchase of Stock - Amends the Farm Credit Act of 1971 to repeal provisions governing: (1) the central reserve maintained by the Farm Credit Administration (FCA) for the Farm Credit System (FCS); (2) mergers of similar FCS banks; (3) the authority of the Secretary to purchase obligations issued by the Farm Credit System Capital Corporation (Capital Corporation); (4) the initial capitalization of the Capital Corporation; (5) the tax status of obligations issued jointly by the Capital Corporation and FCS banks; and (6) certain limitations on sales by FCS institutions of tracts of real estate. Directs the FCA to purchase stock to: (1) prevent impairment of FCS institution stock; (2) restore any impairment to such stock; or (3) provide collateral for obligations issued by an FCS bank to finance its lending operations. Identifies the resulting resource as the Farm Credit Revolving Fund. Requires the FCA, beginning in 1993, to mandate the retirement of such stock when the need for Government-owned stock is reduced or nonexistent. Mandates the availability of revolving fund monies to purchase obligations of the Farm Credit Banks Insurance Corporation and to make loans to the Loan Restructuring Corporation. Directs the FCA to make payments to holders of certain FCS associations placed in liquidation to ensure that they receive par value for the stock. Empowers the FCA, through the FCA Board, to make and issue non interest-bearing notes to the Secretary of the Treasury (Secretary) to obtain funds for the revolving fund as necessary to permit the FCA to carry out required stock purchases, as well as loan and payment obligations. Requires the Secretary to purchase these notes, up to a maximum total of $6,000,000,000. Prohibits the issue of obligations to obtain funds to purchase stock of FCS institutions after 1992. Imposes a franchise tax, earmarked for the revolving fund, on each FCS bank and production credit association. Forgives such tax to the extent it would result in an impairment of the institution's stock. Imposes an additional franchise tax, effective in 1993, on FCS banks or associations in which the FCA holds stock. Reduces this tax to the extent of any amount the institution either paid to the United States for the retirement of any of its FCA-held stock or contributed to another FCS bank or association to permit it to retire FCA-held stock. Directs the FCA, after notice and an opportunity for a hearing, to suspend the charter of any institution that fails to comply with franchise tax obligations. Permits the issuance of nonvoting Federal land bank stock to the FCA for this Act's purposes. Prohibits: (1) the payment of dividends on such FCA-held stock; and (2) patronage refunds in a year during which the FCA holds stock in the land bank. Applies corresponding prohibitions to Federal land bank associations. Fixes minimum funding requirements for reserves maintained by Federal land banks and Federal land bank associations. Establishes obligation contribution percentages with respect to these reserves. Grants to the FCA the first lien on stock and participation certificates it holds in Federal land banks and land bank associations. Permits the issuance of nonvoting Federal intermediate credit bank stock to the FCA for this Act's purposes. Prohibits: (1) the payment of dividends, unless authorized by the FCA Board, in any year when the FCA holds stock in the bank; and (2) the retirement of stock or of participation certificates if the FCA holds stock in the bank. Establishes a framework and procedures to govern: (1) the annual application of the net earnings of an intermediate credit bank in which the FCA holds stock; and (2) the absorption of its net losses. Includes provisions for the establishment of a reserve account. Exempts allocations to such an account from Federal income taxes. Prohibits a Federal intermediate credit bank from paying patronage refunds in a year when the FCA holds stock in the bank. Grants priority to FCA-owner stock (after liabilities are paid) for purposes of distribution of assets on liquidation. Permits the issuance to the FCA of nonvoting stock of a production credit association (PCA) for this Act's purposes. Prohibits: (1) the payment of dividends (other than preferred stock) in any year when the FCA holds stock in the PCA; and (2) patronage refunds in a year during which the FCA holds stock in the PCA. Grants to the FCA the first lien on stock and participation certificates it holds in a PCA. Grants a limited tax exemption to PCAs and their property, funds, and income. Permits the issuance to the FCA of nonvoting stock of banks for cooperatives for this Act's purposes. Grants to the FCA first lien on stock it holds in the bank. Establishes a framework and procedures to govern the annual application of the net earnings of a bank for cooperatives in which the FCA holds stock. Includes provision for the creation of a surplus account. Grants a limited tax exemption to banks for cooperatives, their property, funds, and income Empowers the FCA expressly to invest in the stock of FCS banks and associations out of the pertinent revolving fund and to require the stocks' retirement. Title II: Loan Restructuring - Amends the Farm Credit Act of 1971 to repeal the December 31, 1987, sunset review of the Farm Credit System Capital Corporation. Changes the name of the Capital Corporation to the Loan Restructuring Corporation (LRC). Requires the FCA board to revoke the charter of the LRC on December 31, 1990, unless it unanimously adopts a one-year extension. Directs the LRC to: (1) hold, restructure, collect, sell, and otherwise administer nonperforming assets participated in or acquired from other FCS institutions; and (2) provide technical assistance to FCS institutions in connection with borrower loan restructing activities. Provides for an LRC Board of Directors. Transfers generally the corporate powers of the Capital Corporation to the LRC. Adds the power to: (1) carry out a loan restructuring program; and (2) grant forbearance on, restructure, or liquidate any loan participated in or acquired from an FCS institution. Repeals a number of powers relating to the issuance and sale of obligations, the administration of financial assistance, the purchase of nonaccrual loans and assets, and the purchase of certain assets from associations undergoing liquidation. Rescinds any required Capital Corporation purchase or assessment taken between July 31, 1986, and the date of this Act's enactment. Orders a refund of such funds, as well as contributions under loss-sharing agreements, to contributor institutions. Requires the LRC and each farm credit district to have in place within 60 days of this Act's enactment a policy that includes: (1) a case-by-case review of nonaccrual loans to determine whether they should be considered for forbearance, restructuring, or liquidation; and (2) a case-by-case review of all high-risk loans to determine appropriate measures to prevent them from becoming nonaccrual loans. Describes required policy contents, including mandatory provisions indicating that forbearance will be granted to the maximum extent possible to avoid losses to the institution, and that restructuring will be effected in ways that would enable borrower repayments without impairing the borrower's standard of living if specified conditions are met. Requires each farm credit district board to establish a Special Credit Team to help the district's banks and associations in dealing with nonaccrual and high-risk loans. Mandates that each district plan establish an appeals procedure with respect to loans determined to be ineligible for restructuring. Describes criteria to be met by the appeal process. Prohibits an FCS institution from requiring a borrower to provide additional collateral or from foreclosing certain loans as a result of the borrower's failure to do so. Permits a borrower, upon application, to retain possession and occupancy of qualified homestead property for between three and five years, in certain cases of foreclosure, bankruptcy, or involuntary liquidation. Describes the eligibility requirements to be met by affected borrowers. Grants to the borrower the right of first refusal with respect to the homestead property at the end of the prescribed occupancy period. Makes homestead provisions inapplicable in cases when appraisal indicates that the value of the acquired real estate prior to the separation of the homestead would exceed the sum of the values of each component property. Prohibits an FCS institution from: (1) selling any agricultural land acquired as a result of loan foreclosure, bankruptcy, or voluntary loan liquidation if the sale would have a substantial adverse effect on the agricultural land values in the area where the real estate in question is located; or (2) combining for sale or lease acquired real estate tracts when the size of the resulting tract substantially exceeds that of an average farming or ranching operation in the area where the tracts are located. Requires FCS institutions to subdivide tracts that are larger than the average family farming or ranching operation before offering them for sale or lease. Mandates that: (1) offers to sell or lease property acquired by an FCS institution (other than offers to another FCS institution) be public offers; and (2) the sale or lease of such property be based on competitive bidding. Directs the FCA to issue regulations to govern such bidding, including provisions to ensure: (1) actual notice to the previous owner of the availability of the property; and (2) sale or lease to the highest bidder, subject to the previous owner's right of first refusal. Sets forth similar but distinct provisions to govern leases of property for terms of between five and ten years to family farmers or ranchers. Requires that each of these leases contain an option to buy the property when the lease term expires. Requires persons (beginning in 1990) who enter into installment sales agreements or similar financing arrangements, to purchase FCS acquired property to buy stock or participation certificates in the pertinent institution. Requires each FCS institution holding acquired property on the date of this Act's enactment to sell or lease the property within four years. Applies the same four-year requirement to subsequently acquired property, with the reference date being that on which the institution acquires the property. Transfers the functions and role of the Federal Farm Credit Capital Corporation to the Loan Restructuring Corporation. Lists documents and information that FCS institutions must provide to borrowers, including interest rate data and corporate materials. States that any person who suffers legal wrong or who is aggrieved or adversely affected by the violation in question has the right to sue: (1) an FCS institution for violations of duty, standard, or limitation or of corollary FCA orders; or (2) the FCA for failure to perform duties. Grants jurisdiction in such cases to Federal district courts, without regard to the amount in controversy. Title III: Insurance of Obligations of Farm Credit Banks; Liability of Banks on Obligations - Amends the Farm Credit Act of 1971 to create a Farm Credit Banks Insurance Corporation, under the direction of the FCA Board, having as its duty to insure the notes, bonds, and similar obligations of eligible FCS banks. Enumerates corporate powers. Requires each FCS bank to apply for insurance within 90 days of this Act's enactment. Describes required contents for such applications. Directs the Corporation to reject the application of any bank having unsafe financial policies or management. Prescribes: (1) the extent of insurance to be provided; (2) the assessment of premiums to be paid (not to exceed two-tenths of one percent of the proceeds of the obligation); (3) the establishment of a reserve; (4) procedures for terminating insurance; and (5) actions to be taken against banks that violate duties or engage in unsafe or unsound practices. Mandates that, beginning in 1993, any minimum capital adequacy requirement in connection with the aggregate obligations of a bank or banks be established at a level to reduce, to the extent practicable, the risk of loss to the Corporation. Prohibits a bank from participating in a joint issuance of obligations due and payable after 1992 unless it is insured by the Corporation. Sets forth the order of liability of affected banks with respect to certain consolidated or system-wide obligations issued between January 1, 1988, and December 31, 1992. Title IV: Real Estate Lending; Interest Rates - Amends the Farm Credit Act of 1971 to prohibit Federal land banks from making agricultural real estate mortgage loans to persons who are not bona fide farmers or ranchers, an defined by this Act. Requires each Federal land bank to make available to eligible borrowers long-term real estate mortgage loans having terms of at least 15 years at a fixed interest rate. Caps the permissible interest rate on such loans at two percent above the average interest rate on the bank's obligations of comparable maturities during the preceding 12 months. Provides for differential interest rate programs for loans of Federal land bank association members. Caps the permissible interest rate on all the agricultural loans of a bank at two percent above the average interest rate on obligations issued by the bank during the preceding 12 months. Permits the FCA to authorize a higher interest rate under certain circumstances. Restricts loans to no more than 75 percent of the appraised value to the real estate security (the current general restrictions is 85 percent). Permits an 85 percent limitation in case of young or beginning farmers or ranchers. Sets standards for determining appraised value. Directs each Federal land bank to: (1) require borrower financial statements at least triennially; (2) establish a future payment plan into which participating borrowers could pay amounts to be offset against indebtedness. Caps the permissible interest rate on short- and intermediate-term loans of production credit associations at two percent above their discount rate. Allows a differential interest rate program for member loans only upon stockholder approval. Requires FCA approval for certain loans. Title V: Service Organizations - Amends the Farm Credit Act of 1971 to direct the FCA to revoke the charter issued to the Farm Credit Corporation of America as of FY 1990, unless a majority of the members of the boards of directors of each Federal land bank association, production credit association, farm credit district, and the Central Bank for Cooperatives votes to permit its continuation. Bars from the charter of the Federal Farm Credit Banks Funding Corporation (Funding Corporation) provisions that would permit the Funding Corporation to set policy or otherwise assume responsibilities of other FCS institutions with regard to member-borrower services. Directs the FCA, within 30 days of this Act's enactment, to amend the charter of the Funding Corporation to provide for a board of directors. Requires the Funding Corporation to report annually to each FCS bank and association and to specified congressional committees detailing its bond placements, budget, costs, and expenses. Prohibits the FCA from issuing a charter to any new service corporation unless specifically authorized by an Act of Congress. Title VI: Mergers - Amends the Farm Credit Act of 1971 with respect to mergers of various FCS institutions. Provides for a mandatory 60-day cooling off period before a voluntary merger of FCS associations becomes effective. Requires association seeking voluntary merger: (1) to notify stockholders of the meeting date before any meeting at which they will vote on the merger; and (2) to provide a statement of the advantages and disadvantages associated with the merger. Conditions mergers of similar FCS banks on the unanimous approval of the FCA Board. Shifts from the FCA to the FCA Board the responsibility for assuring nondiscriminatory treatment of associations that disapprove mergers. Directs the FCA to issue regulations to provide for and govern reconsideration by stockholders of voluntary mergers of associations between January 1, 1986, and the date of this Act's enactment. Title VII: Boards of Directors - Amends the Farm Credit Act of 1971 to revise membership provisions with respect to the boards of directors of Federal land bank associations, production credit associations, the Central Bank for Cooperatives, and farm credit districts. Permits outside directors for the first two entities and requires them for the latter two. Establishes procedures by which FCS bank stockholders may establish or abolish a separate board of directors. Sets forth membership requirements applicable to such a board. Title VIII: Amendments to Title V of the Farm Credit Act of 1971; Miscellaneous - Amends the Farm Credit Act of 1971 to limit the annual compensation of a farm credit district director to $15,000. Revises membership provisions applicable to the FCA Board, as well as provisions relating to its internal operation and to the responsibilities of the Chairman. Subjects certain of the Chairman's personnel appointments and the Chairman's establishment of advisory committees to Board approval. Grants to the Board additional powers with regard to bank mergers and the salary scale or rate of compensation of certain FCS institution employees. Empowers the FCA to appoint a farm credit appraiser for each farm credit district. Shifts: (1) from the Chairman of the FCA board to the Board itself various determinations affecting examinations of FCS institutions; and (2) from the FCA to the FCA Board certain decision and appointments in connection with receiverships or conservatorships of FCS institutions. Prohibits any farm credit district board, bank board, or bank officer or employee from removing any director or officer of any production credit association or Federal land bank association. Sets forth provisions with respect to FCA examinations of Federal land bank associations, requiring them at least once every five years. Prohibits FCS institutions from contracting for an independent audit of FCS institutions or certain other financial institutions unless the agreement covers no more than two years and is entered into under competitive bidding procedures. Directs each Federal land bank financing all or part of the stock of a Federal land bank association to charge a loan origination fee, to a maximum of two percent of the loan amount, in connection with loans made by a bank to a borrower. Prohibits the financing of such a fee. Prohibits the requirement of Federal land bank association stock prior to full payment of the loan. Excepts loans in default from this prohibition. Requires that Federal land bank or production credit association loan applications clearly state specified information concerning the amount of stock required to be purchased and its retirement. Title IX: Farmers Home Administration Loan Restructuring - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to: (1) implement within 60 days of this Act's enactment a policy under which all nonaccrual farm ownership and operating loans held by the Farmers Home Administration (FmHA) and loans made by a Federal or State chartered bank, savings and loan association, or other legally organized lending agency that have been guaranteed by the Secretary are to be reviewed on a case-by-case basis to determine whether they should be considered for forbearance, restructuring, or liquidation; and (2) provide for a case-by-case review of all high-risk loans held by the FmHA to determine appropriate measures to prevent such loans from becoming nonaccrual loans. Authorizes the Secretary to pursue to final connection all loan-related claims against third parties assigned to the Secretary. Directs the Secretary to: (1) grant forbearance on nonaccrual and high-risk loans to the maximum extent possible to avoid FmHA losses; and (2) to restructure loans in ways that would enable borrower repayments without impairing the borrower's standard of living if specified conditions are met. Requires that the Secretary establish an appeals procedure with respect to loans determined to be ineligible for restructuring. Describes criteria to be met by the appeal process. Prohibits the Secretary from requiring any borrower to provide additional collateral or from foreclosing certain loans as a result of the borrower's failure to do so. Permits a borrower, upon application, to retain possession and occupancy of qualified homestead property for between three and five years in certain cases of foreclosure, bankruptcy, or involuntary liquidation. Describes the eligibility requirements to be met by affected borrowers. Grants to the borrower the right of first refusal with respect to the homestead property at the end of the prescribed occupancy period. Directs the Secretary to permit a borrower to redeem real property acquired through legal process during the year following the date of judgment or the period prescribed under State law, whichever is longer. Applies State law to the redemption process. Fixes priorities as to borrower preference for redemption purchases. Revises farmland disposition provisions to give previous owners or operators the right of first refusal with respect to a lease of a property and preference with respect to the awarding to management contracts governing the property. Authorizes the Secretary to sign a contract to lease land to its owner before the Secretary actually acquires the property. Requires that previous owners be given written notice of the potential sale or lease of property. Applies appeals procedures to denials of applications or disputes with respect to leases or purchase agreements. Directs the Secretary to release from the sale of any loan-securing property an amount sufficient both to assure the borrower's family a reasonable standard of living and to pay all necessary farm operating expenses. Title X: State Mediation Program - Establishes guidelines for State farm loan mediation programs. Enumerates criteria to be met by a State in order to qualify for the matching grant program instituted in this title. Lists the requirements to be met by the farm loan mediation program of a State, including provisions with respect to mediator training and duties and applications for mediation. Creates a program of matching grants to the States under which the Secretary must provide financial assistance to a qualifying State for the operation and administration of its farm loan mediation program. Limits the amount of such a grant to: (1) no more than 50 percent of the costs of the operation and administration of the State's program; and (2) $1,000,000 per year per State. Directs the Secretary to prescribe rules requiring each guarantee or insurance program under the Secretary's jurisdiction to: (1) cooperate in good faith with requests for information or for analysis; and (2) present and explore debt restructuring proposals advanced during the course of any farm loan mediation program. Mandates corresponding rulemaking by the FCA with respect to FCS institutions. Authorizes FY 1988 through 1991 appropriations.
United States · United States Congress · 7 August 1987
Amends the Internal Revenue Code to allow rural telephone and electric cooperatives to exclude allocations in the nature of patronage dividends when determining net book income for purposes of the minimum tax.
United States · United States Congress · 7 August 1987
Amends the Internal Revenue Code to accord income tax treatment as a qualified cash or deferred arrangement (401(k) plan) to a defined contribution plan established and maintained by a rural telephone cooperative. (Under current law, rural electric cooperatives, but not rural telephone cooperatives, are permitted to offer such plans to their employees.) Applies to such plans the same accounting rules as are currently applied to the plans of rural electric cooperatives.
United States · United States Congress · 7 August 1987
Designates the week of May 2 through May 8, 1988, as National Drinking Water Week to enhance awareness of drinking water issues and recognition of the difference that drinking water makes to health, safety, and quality of life.
United States · United States Congress · 7 August 1987
Expresses the sense of the Senate that: (1) the Senate and its agent political committees must adhere to a code of conduct of the highest standard, avoiding the appearance of improper, unethical, or illegal activity; (2) candidates and their party committees should engage in positive and constructive campaigns, avoiding negative attacks calculated to impugn the character, integrity, or patriotism of a candidate; and (3) the Senate, the political committees, and candidates must renew their commitment and dedication to winning not only the votes of the citizenry, but the trust and confidence of the citizenry as well.
United States · United States Congress · 6 August 1987
Federal Aviation Administration Independent Establishment Act of 1987 - Establishes the Federal Aviation Administration as an independent Federal agency to succeed the Federal Aviation Administration of the Department of Transportation. Transfers to such independent agency all functions vested in the Federal Aviation Administration currently in the Department of Transportation, and all functions vested in such Department which are administered through the Federal Aviation Administration or are related to it. Authorizes appropriations.
United States · United States Congress · 6 August 1987
Honors the late Portuguese diplomat, Dr. Aristides de Sousa Mendes do Amaral e Abranches, for his extraordinary acts of mercy and justice during World War II.
United States · United States Congress · 3 August 1987
Recognizes the contributions of Rachel Carson to public awareness and understanding of environmental issues on the 25th anniversary of her book, "Silent Spring."
United States · United States Congress · 31 July 1987
Extends for one month, from September 15 to October 15, 1987, the authority of a bankruptcy trustee to pay benefits to retired former employees under a plan, fund, or program maintained or established by the debtor (through the purchase of insurance or otherwise) for the purpose of providing medical, surgical, or hospital care benefits, or benefits in the event of sickness, accident, disability, or death.
United States · United States Congress · 31 July 1987
Expresses the sense of the Senate: (1) supporting the President's efforts to gain Pakistan's compliance with its past commitments not to produce weapon-grade nuclear material; (2) urging the President to inform Pakistan that its verifiable compliance with such past commitments is vital to any further U.S. military assistance; and (3) urging the President to pursue an agreement by India and Pakistan to join the Nuclear Non-Proliferation Treaty, accept International Atomic Energy Agency safeguards, allow mutual inspection of one another's nuclear installations, renounce nuclear weapons through a joint declaration, and establish a nuclear weapons free zone in the Subcontinent.
United States · United States Congress · 29 July 1987
Directs the Secretary of Agriculture to establish a research program that includes: (1) developing technology for the rapid identification of infectious agents and toxins on farms and within the processing and distribution chain; (2) establishing a statistical framework for purposes of health risk assessment related to contamination of the animal product food chain by these infectious agents and toxins; (3) analyzing the animal product food chain to determine the most effective point for preventive intervention; and (4) developing techniques to monitor the production, processing, and distribution of food animals and their food product derivatives in order to detect potential microbiological or chemical agents. Authorizes the Secretary to award grants for the funding of projects to decrease the susceptibility of food products of animal origin to infectious or toxic agents. Identifies entities eligible for such grants. Authorizes appropriations.
United States · United States Congress · 24 July 1987
Declares that the Senate: (1) expresses its full support for General John Vessey in negotiations with Vietnam to determine the fate of Americans missing in action in Southeast Asia, to facilitate the return of the remains of those deceased missing in action, and to discuss humanitarian issues; and (2) calls on Vietnam to respond positively to the concerns of the American people in a humanitarian context.
United States · United States Congress · 22 July 1987
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds and mortgage credit certificates may be issued. (Under current law, authority for these programs is due to expire as of 1989.)
United States · United States Congress · 21 July 1987
Family Security Act of 1987 - Replaces the Aid to Families with Dependent Children (AFDC) (part A of title IV of the Social Security Act) program with the Child Support Supplement (CSS) program. Title I: Child Support and Establishment of Paternity - Subtitle A: Child Support - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require the withholding of child support payments from the non-custodial parent's wages upon the issuance or modification of a child support order. Waives such withholding requirement when both parents agree to an alternative arrangement or the State finds good cause to rely on an alternative arrangement. Amends part A of title IV of the Act to exclude the first $50 of child support payments which were due for a prior month from the determination of a family's need for CSS payments in the month during which such payments were received. Amends part D of title IV of the Act to require States to review State guidelines for child support award amounts at least once every five years. Makes such guidelines binding upon judges or other State officials unless the judge or official, pursuant to criteria established by the State, finds good cause to ignore such guidelines. Requires that child support awards established under such guidelines be reviewed at least once every two years. Requires the review of a child support award which was not established under such guidelines to adjust it in accordance with such guidelines if either parent requests such review and the State determines that the award should be reviewed. Gives parents at least 30 days notice of pending review or adjustment of a child support award. Subtitle B: Establishment of Paternity - Establishes State performance standards for the establishment of paternity which require the State's paternity establishment percentage for a fiscal year to be: (1) at least 50 percent; (2) the State's percentage for FY 1987 increased by three percentage points for each fiscal year after FY 1988; or (3) equal to or greater than the average percentage for all States. Authorizes the Secretary of Health and Human Services to modify such requirements to take into account variables which may affect a State's ability to meet such requirements. Directs the Secretary to report annually to the Congress regarding the data upon which State paternity establishment percentages are based and the performance of States in establishing paternity. Raises the Federal matching rate to 90 percent (from 68 percent in FY 1988) for laboratory costs incurred in determining paternity. Subtitle C: Improved Procedures for Child Support Enforcement and Establishment of Paternity - Requires the Secretary to establish time limits within which a State must accept and respond to requests for assistance in establishing and enforcing child support orders. Directs the Secretary to establish an advisory committee, composed of State officials involved in the Child Support Enforcement program, with which the Secretary must consult before issuing regulations regarding such time limits. Requires the issuance of final regulations by the first day of the seventh month after this Act's enactment. Requires States to establish automatic data processing and information retrieval systems to assist in the administration of the Child Support Enforcement program within ten years of the State's submittal (by October 1, 1989) of an advance planning document for such system to the Secretary, or, if earlier, by the date specified by the State in such document. Authorizes the Secretary to waive the Act's requirements for such documents and systems if the State has an alternative system which is in substantial compliance with the Act's requirements. Sets the Federal share of establishing such a system at 90 percent so long as time limits have not been exceeded. Directs the Secretary of Labor to give the Secretary prompt access to wage and unemployment compensation claims information and data maintained by the Department of Labor and State employment security agencies. Amends title II (Old Age, Survivors and Disability Insurance) of the Act to require States to collect the social security numbers of both parents when their child is born for use by State agencies administering Child Support Enforcement programs unless the State finds good cause for not requiring such numbers. Establishes the Commission on Interstate Child Support which, by October 1, 1988, must hold one or more national conferences on reform of interstate child support procedures. Directs the Commission to submit a report to the Congress by October 1, 1989, containing recommendations for improving the interstate establishment and enforcement of child support and for revising the Uniform Reciprocal Enforcement of Support Act. Terminates the Commission on October 2, 1989. Authorizes appropriations for such Commission. Title II: Joint Opportunities and Basic Skills Training Program - Amends part A of title IV of the Act to require States to establish, within three years of this Act's enactment, a job opportunities and basic skills training program (Program) which helps needy children and parents avoid long-term welfare dependence. Requires private sector involvement in planning and Program design to assure that participants are trained for jobs that will actually be available in the community. Requires non-exempt CSS recipients to participate in such Program if State resources permit such level of participation and necessary child care is available to participants. Allows exempt CSS recipients to participate on a voluntary basis. Authorizes States to require or allow absent fathers who are unemployed and unable to meet child support obligations to participate in the Program. Exempts from Program participation an individual who: (1) is ill, incapacitated, or of advanced age; (2) is needed in the home because of the illness or incapacity of another member of the household; (3) is a parent or relative of a child under age three or, at the State's option, less than age three but not less than age one (such exception applies to only one parent in a two-parent family and may be made inapplicable to both parents if the State provides the family with child care); (4) works more than 30 hours or more per week; (5) is a child under age 16 or attending elementary, secondary, or vocational school full time; (6) is a woman in the third trimester of pregnancy; or (7) resides in an area of the State where the Program is not available. Prohibits the requirement that the parent or a relative of a child under age six who is not the principal earner participate in the Program for more than 24 hours a week. Provides that if an individual is attending a school or a course of vocational or technical training designed to lead to employment when he or she would otherwise commence participation in the Program, such attendance may constitute satisfactory participation in the Program, though the costs of such schooling or training shall not be covered by the CSS program. Requires States to make an initial assessment of the education and employment skills of each Program participant and on that basis develop an employability plan for each participant which, to the maximum extent possible, reflects the participant's preferences. Authorizes the State to: (1) require each participant to then negotiate a contract with the State which specifies the duration of his or her participation as well as the activities the State will conduct and services it will provide in the course of such participation; and (2) assign to each participating family a case manager who is responsible for obtaining, on the family's behalf, any other services which may assure the family's effective participation. Requires State Programs to provide a broad range of services and activities, including: (1) high school or equivalent education; (2) remedial education to achieve basic literacy and instruction in English as a second language; (3) post-secondary education as appropriate; (4) work supplementation programs; (5) community work experience programs; (6) job search, training, and placement services; and (7) other employment, education, and training activities as determined by the State and allowed by the Secretary. Requires non-exempt custodial parents who have not attained age 22 or successfully completed a high school education to participate in high school or equivalent education, or literacy or English language education. Authorizes States to require such parents to participate in training or work activities if they fail to make good progress in educational activities or if their participation in such activities is inappropriate. Requires each work assignment to be consistent with the physical capacity, skills, experience, health, family responsibilities, and place of residence of each participant and not involve unreasonable travel. Gives participants the opportunity for a fair hearing in the event of a dispute involving his or her work assignment. Prohibits: (1) wage rates for work assignments from being set at less than the greater of the Federal or State minimum wage; and (2) work assignments which displace a currently employed worker or position, impair existing contracts for services or collective bargaining agreements, or fill the job of a worker who has been laid off or fired. Prohibits States from requiring participants to accept a job which would result in a loss of income to the participant's family unless the State maintains the family's income level through supplementary payments. Requires that Program activities be coordinated with Job Training Partnership Act programs and any other relevant employment, training, and education programs available in the State. Authorizes any State to institute a work supplementation program under which such State reserves sums which would otherwise be payable to program participants as child support supplements and uses such sums instead to subsidize jobs for such participants. Authorizes any State to establish a community work experience program to provide experience and training for individuals not otherwise able to obtain employment. Limits such programs to projects which serve a useful public purpose, utilizing, if possible, the participant's prior training, experience, and skills. Requires that other Program activities be coordinated with the community work program so that job placement has priority over participation in such program. Authorizes States to require individuals to participate in job search activities for up to eight weeks after applying for child support supplements and for up to eight weeks in any 12-month period thereafter. Subjects the families of individuals who are required to participate in the Program and fail to do so without good cause to the reduction or elimination of child support supplements. Continues sanctions for a minimum of three months if such individual failed to participate on a previous occasion and for six months if such noncompliance has occurred more than one time previously. Requires the State to notify recipients of any failure to comply with work or training requirements and the actions which must be taken to terminate the sanction. Sets the Federal matching rate for Program costs at 90 percent up to a specified dollar amount and 60 percent thereafter. Sets such rate for administrative costs (for needs assessments, case management services, and agency-client contracts) at 50 percent. Reduces the rate of Federal reimbursement for non-administrative Program expenditures to 50 percent if: (1) more than 40 percent of the non-Federal share of such expenditures is contributed in-kind; or (2) less than 60 percent of such expenditures is targeted at individuals who have received child support supplements for 30 of the preceding 60 months, are custodial parents under age 22 who have not completed and are not enrolled in high school, or are parents in families that are eligible for supplements by reason of the unemployment of the principal earner. Requires States to provide child care (or day care for an incapacitated individual living in the home of a dependent child) for families to the extent that it is necessary to an individual's participation in work, education, and training activities. Provides coverage for certain transportation and other work-related expenses. Sets forth technical and conforming amendments. Requires the Secretary to: (1) publish final Program regulations within one year of this Act's enactment; (2) submit recommended Program performance standards to the Congress within five years of this Act's enactment; (3) study State implementation of the Program; and (4) select five States to participate in three-year demonstration projects to study the relative cost-effectiveness of different approaches for assisting long-term CSS recipients under the Program. Sets forth cost-effectiveness study reporting requirements. Authorizes appropriations for the State implementation study for FY 1988 through 1990 and for the cost-effectiveness study for FY 1988 through 1992. Title III: Transitional Assistance for Families After Loss of CSS Eligibility - Provides a family which loses CSS eligibility due to an increase of earned income with nine months of transitional child care if the State determines such assistance to be necessary for continuing employment and the family has received child support supplements for three of the preceding six months. Terminates transitional child care if the family ceases to include a dependent child or the caretaker relative engages in certain conduct prohibited under the CSS program. Requires families to contribute to the costs of such care on the basis of their ability to pay for such care. Amends title XIX (Medicaid) of the Act to require a State to continue a family's Medicaid eligibility for four months after the family loses CSS eligibility because of increased earnings if the family has received supplement payments for three of the preceding six months, and for an optional five additional months if the family has received the entire four months of extended Medicaid coverage. Terminates extended Medicaid coverage if the family ceases to include a dependent child or the caretaker relative engaged in certain conduct prohibited under the CSS program. Authorizes States to provide the extended Medicaid coverage by paying a family's expenses for health insurance offered by the caretaker relative's employer (or, if more cost-effective, by the absent parent's employer) or a family's expenses, during the five-month extension period, for enrollment in a group health plan offered to the caretaker relative, a group health plan offered by the State to its employees, or a health maintenance organization. Denies a family the five-month extension period if its earnings exceed 185 percent of the Federal poverty level. Requires States to impose a premium on families receiving the five months of extended coverage, but prohibits its exceeding ten percent of the amount by which a family's monthly earnings exceed $581 (as adjusted to reflect changes in the cost of living). Title IV: Family Living Arrangements - Amends part A of title IV of the Act to condition an unmarried minor parent's receipt of CSS payments on his or her residence with a parent, legal guardian, or other adult relative, or in an adult-supervised supportive living arrangement. Makes such requirement inapplicable if: (1) such individual has no living parent or legal guardian or is not allowed to live with such parent or legal guardian; (2) the health and safety of the child or minor parent would be jeopardized if such individual lived with the parent or legal guardian; (3) such individual has not lived at home for at least one year prior to the child's birth or making a claim for CSS payments; or (4) the State otherwise finds good cause for waiving the requirement. Requires that (where possible) CSS payments be made to the parent or legal guardian on behalf of the minor parent and child. Authorizes States to require minor parents who have not graduated from high school to attend school (and parent-training classes when available) on at least a part-time basis as a condition of their receipt of CSS payments. Alters the definition of a "dependent child" to include a child who is poor because of the unemployment of the principal earner in the family. Authorizes States to increase the number of hours which an individual who received a CSS payment in the preceding month may work and remain eligible for such payments. (Currently, an individual must work less than 100 hours per month to maintain such eligibility.) Authorizes States to count for up to four of the six quarters of work required of a parent in the 13 quarters preceding application for CSS payments such parent's: (1) full-time attendance as an elementary or secondary school student; (2) full-time attendance in a vocational or technical training course; and (3) participation in a Job Training Partnership Act education or training program. Title V: Benefit Structure Improvements - Requires each State to make scheduled reevaluations of its need and payment standards for CSS benefits at least once every five years and report to the Secretary and the Congress regarding the results of the reevaluations. Title VI: Demonstration Projects - Authorizes the Secretary to approve, as alternatives to the CSS program, five-year demonstration projects testing: (1) New York State's Child Support Supplement Program; and (2) Washington State's Family Independence Program. Directs the Secretary to enter into an agreement with four States, by April 1, 1988, for the conduct of two-year demonstration projects testing and evaluating model procedures for reviewing child support award amounts. Provides Federal coverage for 90 percent of the costs of such projects. Requires the Secretary to report the results of such projects to the Congress within six months after completion of all such projects. Amends part A of title IV of the Social Security Act to establish a program providing grants to States selected to conduct demonstration projects testing whether CSS housing costs can be reduced by constructing and rehabilitating permanent housing for rental to CSS recipients who would otherwise require CSS emergency assistance in the form of temporary housing. Provides that, to be eligible for selection as one of two States authorized to conduct such a project, a State must: (1) be currently providing CSS emergency housing assistance; (2) have an acute need for Federal assistance by virtue of the large number of homeless CSS families, and shortages of low-income housing, in the jurisdiction(s) where such project would be conducted; and (3) submit a plan to achieve significant cost savings over a ten-year period through the conduct of such project. Requires that such grants be used to provide permanent housing which is: (1) owned by the State, an instrumentality of the State, or a nonprofit organization; (2) available to families who have been unable to find decent housing at rents that can be paid with CSS aid for shelter; and (3) located in jurisdictions experiencing a critical shortage of such housing. Requires that: (1) the most costly temporary housing be retired from use in the emergency assistance program as permanent housing becomes available for occupancy, unless temporary housing is demonstrably needed; and (2) the costs of providing permanent housing be lower than costs which would be incurred if, instead, the State made CSS emergency assistance payments providing temporary housing. Sets the State contribution to the cost of constructing or rehabilitating such housing at at least the current State CSS share increased by ten percent. Authorizes appropriations for the grant program for each of the first five fiscal years following FY 1987. Amends part A (General Provisions) of title XI of the Act to authorize the Secretary to make grants to States for one- to five-year demonstration projects for CSS children testing financial incentives and alternative approaches to reducing school dropouts, encouraging skill development, and avoiding welfare dependence. Authorizes the Secretary to make grants to States for demonstration projects designed to increase compliance with child access provisions of court orders. Authorizes appropriations for FY 1988 and 1989. Directs the Secretary to report to the Congress on the effectiveness of such projects by July 1990. Authorizes the Secretary to make grants to States for three-year demonstration projects testing innovative methods for providing suitable foster care arrangements and other necessary social and medical services for infants abandoned by their parents or removed from their parents' custody and placed in a hospital's care. Authorizes appropriations for FY 1988 through 1990. Directs the Secretary to make grants to between five and ten States for three-year demonstration projects increasing the availability of child care in communities by the acquisition or renovation of child care facilities, and the provision of child care transportation services. Favors States that propose to conduct the project primarily in communities having fewer than 50,000 inhabitants. Requires the Secretary to report to the Congress regarding such projects by October 1, 1991. Authorizes appropriations for FY 1989 through 1991. Authorizes the Secretary to make grants to up to five States for demonstration projects testing whether the employment of parents of dependent children receiving child support supplements as day care providers will facilitate the conduct of the Program and afford a significant number of families a realistic opportunity to avoid welfare dependence. Title VII: Payments to American Samoa, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands - Amends part A (General Provisions) of title XI of the Act to include American Samoa in the CSS program. Limits Federal funding for American Samoa's program to $1,000,000 for any fiscal year. Increases the total amount of Federal payments which may be made to Puerto Rico, Guam, and the Virgin Islands in any fiscal year under titles I (Grants to States for Old-Age Assistance for the Aged), X (Grants to States for Aid to the Blind), XIV (Grants to States for Aid to the Permanently and Totally Disabled), XVI (Grants to States for Aid to the Aged, Blind, or Disabled), and parts A (Aid to Families with Dependent Children) and E (Foster Care and Adoption Assistance) of title IV of the Act. Title VIII: Waiver Authority - Amends title IV of the Act to add a new "Part F: Waiver Authority," which sets forth the required content of State applications to the Secretary for the approval of demonstration projects experimenting with methods to more effectively assist the poor and reduce their welfare dependence. Prohibits the Secretary from approving the conduct of more than ten projects under part F at any one time. Permits applications to include within their proposed projects: (1) title IV programs; (2) social service block grants under title XX of the Act; and (3) any non-Federal public program within the State which is designed to alleviate poverty. Protects individuals and families included in a project from having their benefits reduced below what they would have been in the absence of the project. Requires State applications for projects involving work, education, or training activities to contain specified assurances, including assurances that: (1) mandatory participants in such activities be provided with child care; and (2) work assignments will not displace current employees or impair existing contracts or collective bargaining agreements. Prohibits the Federal share of project funding from being greater than the Federal share in the absence of such project under the programs included in the project. Authorizes the Secretary to approve projects replacing current entitlement programs with new entitlement programs provided such replacement does not cause a large increase or decrease in Federal funding. Requires the Secretary to notify a State of the approval or disapproval of its project within four months of the submission of the application. Sets forth reporting requirements. Provides that such projects shall terminate after five years unless the State Governor or Secretary terminates the project sooner. Title IX: Technical and Conforming Amendments Relating to Replacement of AFDC Program by Child Support Supplement Program - Sets forth technical and conforming amendments relating to the replacement of the AFDC Program by the CSS program. Title X: Reorganization and Redesignation of Title IV; General Conforming Amendment Relating to Such Reorganization and Redesignation - Reorganizes and redesignates the parts of title IV of the Act.
United States · United States Congress · 21 July 1987
Recognizes the efforts of the United States Soccer Federation to bring the World Cup to the United States in 1994. Authorizes the President to designate the Secretary of Commerce as the official U.S. representative in any discussions with the Federation Internationale de Football Association.