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100 STAT. 2071

"(D) Nothing in section 1903(m)(l)(A) of the Social Security Act shall be construed as requiring a health-insuring organization to be organized under the health maintenance organization laws of a State.". (f) EFFECTIVE DATE.—The amendments made by this section shall be effective as if included in the enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985.

State and local governments. 42 USC 1396b. 42 USC 1396a note. Ante, p. 82.

SEC. 9436. PAYMENT FOR CERTAIN LONG-TERM CARE PATIENTS IN HOSPITALS.

(a) IN GENERAL.—In the case of a State which received a waiver under the authority of section 402(b) of the Social Security Amendments of 1967 with respect to payment methodology for inpatient hospital services under title XVIII and XIX of the Social Security Act during the 3-year period beginning January 1, 1983, notwithstanding section 1902(a)(13) of such Act, the State may pay under title XIX of such Act for hospital patients receiving services at an inappropriate level of care at the rate for hospital patients receiving an appropriate level of care if the Secretary of Health and Human Services determines that a sufficient number of hospital beds have been decertified in the State to reduce the payments to hospitals under such title in the State by amount equal to or greater than the amount by which payments to hospitals under such title in such State will increase as a result of the payment of such higher rates for patients receiving inappropriate levels of care. (b) EFFECTIVE PERIOD.—Subsection (a) shall apply to payments for services furnished during the 3-year period beginning January 1, 1986, after the date the Secretary makes the determination described in that subsection.

State and local governments. 42 USC 1395b-l. 42 USC 1395, 1396. 42 USC 1396a.

PART 5—MATERNAL AND CHILD HEALTH SEC. 9441. AUTHORIZATION AND ALLOTMENT OF ADDITIONAL FUNDS.

(a) ADDITIONAL FUNDS.—Section 501(a) of the Social Security Act (42 U.S.C. 701(a)) is amended by striking "$478,000,000 for fiscal year 1984" and inserting "$553,000,000 for fiscal year 1987, $557,000,000 for fiscal year 1988, and $561,000,000 for fiscal year 1989". (b) ALLOTMENT OF ADDITIONAL APPROPRIATIONS.—Section 502

of

such Act (42 U.S.C. 702) is amended— (1) in subsection (a)(1) by striking "amount appropriated under section 501(a)" and inserting in lieu thereof "amounts appropriated under section 501(a) for a fiscal year that are not in excess of $478,000,000"; (2) in subsection (b)— (A) by inserting "that are not in excess of $478,000,000" after "fiscal year" the first place it appears, and (B) by striking paragraph (3); and (3) by adding at the end the following new subsections: "(c)(1) Of the amounts appropriated for a fiscal year in excess of Grants. 3,000,000, an amount equal to 7 percent for fiscal year 1987, 8 Contracts. percent for fiscal year 1988, and 9 percent for fiscal year 1989 shall Ai be retained by the Secretary for the purpose of carrying out (through grants, contracts, or otherwise) projects for the screening of newborns for sickle-cell anemia and other genetic disorders. The provisions of paragraph (3) of subsection (a) shall apply to projects authorized by this paragraph to the same extent as such provisions apply to projects authorized under such subsection.

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 100 STAT. 2072

Research and development.

State and local governments.

State and local governments. 42 USC 705.

PUBLIC LAW 99-509—OCT. 21, 1986

"(2)(A) Of the amounts appropriated for a fiscal year in excess of $478,000,000 that remain after the Secretary has retained the applicable amount (if any) for such fiscal year under paragraph (1), an amount equal to 33 V percent shall be retained and allotted in a the same manner as the amounts retained and allotted under subsections (a) and (h). "(B) The amounts retained by the Secretary under this paragraph shall be used for the purpose of carrying out (through grants, contracts, or otherwise) special projects of regional or national significance, training, and research to promote access to primary health services for children and community-based service networks and case management services for children with special health care needs. "(C) The amounts allotted to the States under this paragraph shall be used to develop primary health services demonstration programs and projects for children and to promote the development of community-based service networks and case management services for children with special health care needs. "(D) For purposes of this paragraph— "(i) the term 'primary health services' includes— "(I) any assessment, diagnosis, or treatment service provided on an outpatient basis that is designed to promote the health, to prevent the development of disease or disability, or to treat an illness or other health condition, of a child, and "(II) any service designed to promote the access of children to high quality, continuous, and comprehensive primary health services, including case management; "(ii) the term 'community-based service network for children with special health care needs' means a network of coordinated, high-quality services that is located in or near the home communities of children with special health care needs in order to improve the health status, functioning, and well-being of such children; "(iii) the term 'case management services' means services to promote the effective and efficient organization and utilization of resources to assure access to necessary comprehensive services for children and their families; and "(iv) the term 'comprehensive services' includes early identification and intervention services, diagnostic and evaluation services, treatment services, rehabilitation services, family support services, and special education services. "(3) Of the amounts appropriated for a fiscal year in excess of $478,000,000 that remain after the Secretary has retained the applicable amount (if any) for such fiscal year under paragraph (1), an amount equal to 66% percent shall be retained and allotted in the same manner and for the same purposes as the amounts retained and allotted under subsections (a) and (b). "(d)(1) To the extent that all the funds appropriated under this title for a fiscal year are not otherwise allotted to States either because all the States have not qualified for such allotments under section 505 for the fiscal year or because some States have indicated in their descriptions of activities under section 505 that they do not intend to use the full amount of such allotments, such excess shall be allotted among the remaining States in proportion to the amount otherwise allotted to such States for the fiscal year without regard to this paragraph.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 2073

"(2) To the extent that all the funds appropriated under this title for a fiscal year are not otherwise allotted to States because some State allotments are offset under section 506(b)(2), such excess shall 42 USC 706. be allotted among the remaining States in proportion to the amount otherwise allotted to such States for the fiscal year without regard to this paragraph.". SEC. 9442. MATERNAL AND CHILD HEALTH AND ADOPTION CLEARINGHOUSE.

The Secretary of Health and Human Services shall establish, Grants. either directly or by grant or contract, a National Adoption Informa- Contracts. 42 USC 679a. tion Clearinghouse. The Clearinghouse shall— (1) collect, compile, and maintain information obtained from noqmt available research, studies, and reports by public and private agencies, institutions, or individuals concerning all aspects of infant adoption and adoption of children with special needs; (2) compile, maintain, and periodically revise directories of Women. Education. information concerning— State and local (A) crisis pregnancy centers, governments. (B) shelters and residences for pregnant women, (C) training programs on adoption, (D) educational programs on adoption, (E) licensed adoption agencies, Bov (F) State laws relating to adoption, (G) intercountry adoption, and (H) any other information relating to adoption for pregnant women, infertile couples, adoptive parents, unmarried individuals who want to adopt children, individuals who have been adopted, birth parents who have placed a child for adoption, adoption agencies, social workers, counselors, or other individuals who work in the adoption field; (3) disseminate the information compiled and maintained pursuant to paragraph (1) and the directories compiled and maintained pursuant to paragraph (2); and (4) upon the establishment of an adoption and foster care data collection system pursuant to section 479 of the Social Security Act, disseminate the data and information made available Infra. through that system. SEC. 9443. COLLECTION OF DATA RELATING TO ADOPTION AND FOSTER CARE.

Part E of title IV of the Social Security Act, as amended by section 1883(b)(10) of the Tax Reform Act of 1986, is further amended by adding at the end thereof the following new section: COLLECTION OF DATA RELATING TO ADOPTION AND FOSTER CARE

"SEC. 479. (a)(1) Not later than 90 days after the date of the enactment of this subsection, the Secretary shall establish an Advisory Committee on Adoption and Foster Care Information (in this section referred to as the 'Advisory Committee') to study the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States. "(2) The study required by paragraph (1) shall— "(A) identify the types of data necessary to—

42 USC 679.

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 100 STAT. 2074 ^' ' ' '

PUBLIC LAW 99-509—OCT. 21, 1986

"(i) assess (on a continuing basis) the incidence, characteristics, and status of adoption and foster care in the United States, and "(ii) develop appropriate national policies with respect to adoption and foster care; "(B) evaluate the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies; Hii "(C) assess the validity of various methods of collecting data " with respect to adoption and foster care; and "(D) evaluate the financial and administrative impact of implementing each such method. Reports. "(3) Not later than October 1, 1987, the Advisory Committee shall submit to the Secretary and the Congress a report setting forth the results of the study required by paragraph (1) and evaluating and making recommendations with respect to the various methods of establishing, administering, and financing a system for the coUec' tion of data with respect to adoption and foster care in the United States. "(4)(A) Subject to subparagraph (B), the membership and organization of the Advisory Committee shall be determined by the Secretary. State and local "(B) The membership of the Advisory Committee shall include governments. representatives of— "(i) private, nonprofit organizations with an interest in child welfare (including organizations that provide foster care and adoption services), "(ii) organizations representing State and local governmental agencies with responsibility for foster care and adoption services, "(iii) organizations representing State and local governmental agencies with responsibility for the collection of health and social statistics, "(iv) organizations representing State and local judicial bodies with jurisdiction over family law, "(v) Federal agencies responsible for the collection of health •\\«'' and social statistics, and "(vi) organizations and agencies involved with privately arranged or international adoptions. "(5) After the date of the submission of the report required by paragraph (3), the Advisory Committee shall cease to exist. Reports. "(b)(l)(A) Not later than July 1, 1988, the Secretary shall submit to the Congress a report that— "(i) proposes a method of establishing, administering, and financing a system for the collection of data relating to adoption and foster care in the United States, "(ii) evaluates the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies, and "(iii) evaluates the impact of the system proposed under clause (i) on the agencies with responsibility for implementing it. Reports. "(B) The report required by subparagraph (A) shall— "(i) specify any changes in law that will be necessary to implement the system proposed under subparagraph (A)(i), and

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 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 2075

"(ii) describe the type of system that will be implemented under paragraph (2) in the absence of such changes. "(2) Not later than December 31, 1988, the Secretary shall promul- Regulations, gate final regulations providing for the implementation of— "(A) the system proposed under paragraph (l)(A)(i), or "(B) if the changes in law specified pursuant to paragraph (l)(B)(i) have not been enacted, the system described in paragraph (l)(B)(ii). ,,, Such regulations shall provide for the full implementation of the system not later than October 1, 1991. "(c) Any data collection system developed and implemented under this section shall— "(1) avoid unnecessary diversion of resources from agencies '^^ responsible for adoption and foster care; "(2) assure that any data that is collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies; "(3) provide comprehensive national information with respect to— "(A) the demographic characteristics of adoptive and foster children and their biological and adoptive or foster parents, "(B) the status of the foster care population (including the number of children in foster care, length of placement, type v^f!, of placement, availability for adoption, and goals for ending or continuing foster care), "(C) the number and characteristics of— ••) "(i) children placed in or removed from foster care, and WSJT "(ii) children adopted or with respect to whom adoptions have been terminated, and "(D) the extent and nature of assistance provided by State and local Federal, State, and local adoption and foster care programs governments, and the characteristics of the children with respect to whom such assistance is provided; and "(4) utilize appropriate requirements and incentives to ensure that the system functions reliably throughout the United States.". Subtitle F—Provision Relating to Access to Health Care Sec. 9501. Continuation coverage for retirees in cases of bankruptcies. SEC. 9501. CONTINUATION COVERAGE FOR RETIREES IN CASES OF BANKRUPTCIES.

(a) Loss OF

COVERAGE OF RETIREE THROUGH BANKRUPTCY AS QUALIFYING EVENT.—

(1) IRC AMENDMENT.—Paragraph (3) of section 162(k) of the Internal Revenue Code of 1986 (relating to qualifying event with Post, p. 2095. respect to continuation coverage requirements under group 26 USC 162. health plans) is amended by adding at the end the following: "(F) A proceeding in a case under title 11, United States Employment Code, commencing on or after July 1, 1986, with respect to and the employer from whose employment the covered unemployment. employee retired at any time. In the case of an event described in subparagraph (F), a loss of coverage includes a substantial elimination of coverage with

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 100 STAT. 2076

Employment and unemployment.

Post, p. 2077.

PUBLIC LAW 99-509—OCT. 21, 1986

pt»j respect to a qualified beneficiary described in paragraph (7)(B)(iv) within one year before or after the date of commence.\,ji( ment of the proceeding." (2) ERISA AMENDMENT.—Section 603 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1163) is amended by adding at the end the following: "(6) A proceeding in a case under title 11, United States Code, commencing on or after July 1, 1986, with respect to the employer from whose employment the covered employee retired at any time. In the case of an event described in paragraph (6), a loss of coverage includes a substantial elimination of coverage with respect to a qualified beneficiary described in section 607(3)(C) within one year before or after the date of commencement of the proceeding." (b) PERIOD OF CONTINUATION COVERAGE.— (1) LIFE OF COVERED EMPLOYEE OR WIDOW AND ADDITIONAL 36 MONTHS FOR SURVIVING SPOUSE AND DEPENDENTS.—

Post, p. 2095; 26 USC 162.

Post, p. 2095; 29 USC 1162.

(A) IRC AMENDMENTS.—Clause (i) of section 162(k)(2)(B) of the Internal Revenue Code of 1986 (relating to maximum period), as amended by section 1895(d)(2)(A) of the Tax -i Reform Act of 1986, is amended— (i) in subclause (II), by inserting "(other than a qualifying event described in paragraph (3)(F))" after "qualifying event" the first place it appears, - rji r^j (ii) in subclause (III), by inserting "or (3)(F)" after "(3)(B)", (iii) by redesignating subclause (III) as subclause (IV), ,'r?sj v*" ' and (iv) by inserting after subclause (II) the following new qc»f> i rr. subclause: "(III) SPECIAL RULE FOR CERTAIN BANKRUPTCY PROCEEDINGS.—In the case of a qualifying event described in paragraph (3)(F) (relating to bankruptcy proceedings), the date of the death of the covered employee or qualified beneficiary '.. (described in paragraph (7)(B)(iv)(III)), or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee." (B) ERISA AMENDMENTS.—Subparagraph (A) of section 602(2) of the Employee Retirement Income Security Act of 1974 (relating to maximum period), as amended by section 1895(d)(2)(B) of the Tax Reform Act of 1986, is amended— 'MM\(i) in clause (ii), by inserting "(other than a qualifying event described in section 603(6))" after "qualifying event" the first place it appears, (ii) in clause (iii), by inserting "or 603(6)" after "603(2)", (iii) by redesignating clause (iii) as clause (iv), and (iv) by inserting after clause (ii) the following new clause: "(iii) SPECIAL RULE FOR CERTAIN BANKRUPTCY PROCEEDINGS.—In the case of a qualifying event described in 603(6) (relating to bankruptcy proceedings), the date of the death of the covered employee or qualified beneficiary (described in section 607(3)(C)(iii)), or in the case of the surviving spouse or dependent children

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 PUBLIC LAW 99-509—OCT. 21, 1986 i

100 STAT. 2077

of the covered employee, 36 months after the date of the death of the covered employee." (2) COVERAGE NOT LOST UPON ENTITLEMENT TO MEDICARE BENEFITS.—

"'

(A) IRC AMENDMENT.—Subclause (II) of section 162(k)(2)(B)(iv) of the Internal Revenue Code of 1986 (relating to reemployment or medicare eligibility) is amended by 26 USC 162. inserting "in the case of a qualified beneficiary other than a qualified beneficiary described in paragraph (7)(B)(iv)," before "entitled". (B) ERISA AMENDMENT.—Clause (ii) of section 602(2)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(D)) is amended by inserting "in the case of a qualified beneficiary other than a qualified beneficiary described in section 607(3)(C)," before "entitled". Infra.

(c) DEFINITION OF QUALIFIED BENEFICIARY MODIFIED IN REORGANIZATION CASES.—

(1) IRC AMENDMENT.—Section 162(k)(7)(B) of the Internal Revenue Code of 1986, as amended by section 1895(d)(7) of the Tax Reform Act of 1986 (relating to special rule for termination Post, p. 2095. and reduced employment in definition of qualified beneficiary), is amended by adding at the end the following new clause: '

"(iv) SPECIAL RULE FOR RETIREES AND WIDOWS.—In the

case of a qualifying event described in paragraph (3)(F), the term 'qualified beneficiary' includes a covered employee who had retired on or before the date of substantial elimination of coverage and any other individual who, on the day before such qualifying event, is a beneficiary under the plan— "(I) as the spouse of the covered employee, "(II) as the dependent child of the employee, or "(III) as the surviving spouse of the covered employee.". (2) ERISA AMENDMENT.—Section 607(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(3)) (relating to special rule for termination and reduced employment in definition of qualified beneficiary) is amended by adding at the end the following new subparagraph: "(C) SPECIAL RULE FOR RETIREES AND WIDOWS.—In the case of a qualifying event described in section 603(6), the term Ante, p. 2076. 'qualified beneficiary' includes a covered employee who had retired on or before the date of substantial elimination of coverage and any other individual who, on the day before such qualifying event, is a beneficiary under the plan— "(i) as the spouse of the covered employee, "(ii) as the dependent child of the employee, or m.Oil"(iii) as the surviving spouse of the covered employee.". (d) NOTICE.—

(1) IRC AMENDMENT.—Subparagraphs (B) and (D)(i) of section 162(k)(6) of the Internal Revenue Code of 1986 (relating to notice requirements) are amended by striking "or (D)" each place it Post, p. 2095. appears and inserting in lieu thereof "(D), or (F)". (2) ERISA AMENDMENT.—Paragraphs (2) and (4)(A) of section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) (relating to notice requirements) are amended by

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 100 STAT. 2078

PUBLIC LAW 99-509—OCT. 21, 1986 striking "or (4)" each place it appears and inserting in lieu thereof "(4), or (6)".

26 USC 162 note.

Ante, p. 222.

(e) EFFECTIVE D A T E, —

(1) IN GENERAL.—The amendments made by this section shall take effect as if included in title X of the Consolidated Omnibus Budget Reconciliation Act of 1985. (2) TREATMENT OF CERTAIN BANKRUPTCY PROCEEDINGS.—Not-

withstanding paragraph (1), section 10001(e) of the Consolidated Omnibus Budget Reconciliation Act of 1985, and section Ante, pp. 222, 10002(d) of such Act, the amendments made by this section and 227. by sections 10001 and 10002 of such Act shall apply in the case of plan years ending during the 12-month period beginning July 1, 1986, but only with respect to— (A) a qualifying event described in section 162(k)(3)(F) of Ante, p. 2095. '"^ the Internal Revenue Code of 1986 or section 603(6) of the Ante, p. 2016. '^ Employee Retirement Income Security Act of 1974, and J (B) a qualifying event described in section 162(k)(3)(A) of the Internal Revenue Code of 1986 or section 603(1) of the Employee Retirement Income Security Act of 1974 relating .q,;a-A to the death of a retired employee occurring after the date of the qualifying event described in subparagraph (A). (3) TREATMENT OF CURRENT RETIREES.—Section 162(k)(3)(F) of the Internal Revenue Code of 1986 and section 603(6) of the Employee Retirement Income Security Act of 1974 apply to covered employees who retired before, on, or after the date of the enactment of this Act. (4) NOTICE.—In the case of a qualifying event described in section 603(6) of the Employee Retirement Income Security Act Ante, p. 230. of 1974 that occurred before the date of the enactment of this Ante, p. 2077. Act, the notice required under section 606(2) of such Act (and Post, p. 2095; under section 162(k)(6)(B) of the Internal Revenue Code of 1986) 26 USC 162. with respect to such event shall be provided no later than 30 days after the date of the enactment of this Act. Approved October 21, 1986.

LEGISLATIVE HISTORY—H.R. 5300 (S. 2706) (S. 2799): HOUSE

REPORTS: No. 99-727 (Comm. on the Budget) and No. 99-1012 (Comm. of Conference). SENATE REPORTS: No. 99-348 accompanying S. 2706 (Comm. on the Budget) and No. 99-479 accompaning S. 2799 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 17-19, S. 2706 considered and passed Senate. Sept. 24, H.R. 5300 considered and passed House. Sept. 25, considered and passed Senate, amended, in lieu of S. 2706. Sept. 27, S. 2799 considered and passed Senate. Oct. 17, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 21, Presidential statement.

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 PUBLIC LAW 99-510—OCT. 21, 1986

100 STAT. 2079

Public Law 99-510 99th Congress Joint Resolution Providing for reappointment of David C. Acheson as a citizen regent of the Board of Regents of the Smithsonian Institution.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in accordance with section 5581 of the Revised Statutes of the United States (20 U.S.C. 43), the vacancy on the Board of Regents of the Smithsonian Institution, in the class other than Members of Congress, occurring by reason of the expiration of the term of David C. Acheson of the District of Columbia, is filled by reappointment of the incumbent for a term of six years, effective December 22, 1986. Approved October 21, 1986.

LEGISLATIVE HISTORY—H.J. Res. 517 (S.J. Res. 269): SENATE REPORTS: No. 99-405 accompanying S.J. Res. 269 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, S.J. Res. 269 considered and passed Senate. Sept. 16, H.J. Res. 517 considered and passed House. Oct. 8, considered and passed Senate.

Oct. 21, 1986 [H.J. Res. 517]

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 100 STAT. 2080

PUBLIC LAW 99-511—OCT. 21, 1986

Public Law 99-511 99th Congress

i'- -'•' y

'

i ' ^^

Joint Resolution Oct 21 1986 [H.J. Res. 666]

Minorities. ^^^^th*^^" ^^^ ^°" •

Expressing the sense of Congress in support of a commemorative structure within the National Park System dedicated to the promotion of understanding, knowledge, opportunity and equality for all people.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Council ^°^ Education and EJconomic Development, Inc., a private nonprofit organization having for its primary purposes examination of the economic, constitutional, legal and social conditions and ramifications of slavery; the history of Afro-Americans; promotion of education and understanding among all people of the American slave experience and its role in the history of the United States; and elimination of barriers of every kind and nature to learning and opportunity faced by Afro-American, minority, poor and other children, is deserving of encouragement and support of the American people in its program to raise an endowment to assure a permanent location of a commemorative structure within the National Park System, or on other Federal lands, dedicated to understanding, knowledge, opportunity and equality for all people. Approved October 21, 1986.

LEGISLATIVE HISTORY—H.J. Res. 666: SENATE REPORTS: No. 99-463 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): June 26, considered and passed House. Oct. 8, considered and passed Senate.

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 PUBLIC LAW 99-512—OCT. 21, 1986

100 STAT. 2081

Public Law 99-512 99th Congress Joint Resolution To designate December 11, 1986, as "National SEEK and College Discovery Day".

Whereas the development of effective means to foster higher educational opportunity and attainment among members of minority groups, the economically disadvantaged, and the educationally underprepared is a matter of great national concern; Whereas the City University of New York has implemented two programs—College Discovery for community college students, and SEEK (Search for Elevation, Education, and Knowledge) for senior college students—which provide specialized counseling, remedial instruction, and tutorial services enabling nearly 14,000 disadvantaged students a year to receive the benefits of a college education; Whereas almost 100,000 students have participated in the SEEK and College Discovery programs since their inception 20 years ago, which the City University of New York is celebrating in a special ceremony December 11, 1986; and Whereas the concept and innovative educational techniques employed by the SEEK and College Discovery programs have served as a forerunner and model for college remedial programs across the country, and for the Federal TRIO program under title IV of the Higher Education Act of 1965: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That December 11, 1986, is designated as "National SEEK and College Discovery Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved October 21, 1986.

LEGISLATIVE HISTORY—H.J. Res. 735: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed House. Oct. 9, considered and passed Senate.

Oct. 21, 1986 [H.J. Res. 735]

Ante, p. 1308.

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 100 STAT. 2082

PUBLIC LAW 99-513—OCT. 21, 1986

Public Law 99-513 99th Congress

... *

(s^;

An Act Oct 21 1986 ' Lb. J048J

To encourage international efforts to designate the shipwreck of the R.M.S. Titanic as an international maritime memorial and to provide for reasonable research, exploration, and, if appropriate, salvage activities with respect to the shipwreck.

R.M.S. Titanic

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

Maritime Memorial Act of 1986

16 USC 450rr note. 16 USC 450rr.

.^ *j^ q M i

16 USC 450rr-l.

SECTION 1. SHORT TITLE.

This Act may be cited as the "R.M.S. Titanic Maritime Memorial Act of 1986". SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that— (1) the R.M.S. Titanic, the ocean liner which sank on her maiden voyage after striking an iceberg on April 14, 1912, should be designated as an international maritime memorial to the men, women, and children who perished aboard her; (2) the recent discovery of the R.M.S. Titanic, lying more than twelve thousand feet beneath the ocean surface, demonstrates the practical applications of ocean science and engineering; (3) the R.M.S. Titanic, well preserved in the cold, oxygen-poor waters of the deep North Atlantic Ocean, is of major national and international cultural and historical significance, and merits appropriate international protection; and (4) the R.M.S. Titanic represents a special opportunity for deep ocean scientific research and exploration. (b) PURPOSE.—The Congress declares that the purposes of this Act are— (1) to encourage international efforts to designate the R.M.S. Titanic as an international maritime memorial to those who lost their lives aboard her in 1912; (2) to direct the United States to enter into negotiations with other interested nations to establish an international agreement which will provide for the designation of the R.M.S. Titanic as an international maritime memorial, and protect the scientific, cultural, and historical significance of the R.M.S. Titanic; (3) to encourage, in those negotiations or in other fora, the development and implementation of international guidelines for conducting research on, exploration of, and if appropriate, salvage of the R.M.S. Titanic; and (4) to express the sense of the United States Congress that, pending such international agreement or guidelines, no person should physically alter, disturb, or salvage the R.M.S. Titanic in any research or exploratory activities which are conducted. SEC. 3. DEFINITIONS.

For the purposes of this Act, the term— .-;•:?. - . H -r P

-

•

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 PUBLIC LAW 99-513—OCT. 21, 1986

100 STAT. 2083

(a) "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration (NOAA); (b) "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government; (c) "R.M.S. Titanic" means the shipwrecked vessel R.M.S. Titanic, her cargo or other contents, including those items which are scattered on the ocean floor in her vicinity; and (d) "Secretary" means the Secretary of State. SEC. 4. COMMENDATION.

16 USC 450rr-2.

The Congress of the United States highly commends the members of the joint international expedition which discovered the R.M.S. Titanic. SEC. 5. INTERNATIONAL GUIDELINES.

16 USC 450rr-3.

(a) The Administrator is directed to enter into consultations with the United Kingdom, France, Canada, and other interested nations to develop international guidelines for research on, exploration of, and if appropriate, salvage of the R.M.S. Titanic, which— (1) are consistent with its national and international scientific, cultural, and historical significance and the purposes of this Act; and (2) promote the safety of individuals involved in such operations. (b) In carrying out subsection (a), the Administrator shall consult with the Secretary and shall promote full participation by other interested Federal agencies, academic and research institutions, and members of the public.

United Kingdom. France. Canada.

SEC. 6. INTERNATIONAL AGREEMENT.

16 USC 450rr-4.

(a) The Secretary is directed to enter into negotiations with the United Kingdom, France, Canada, and other interested nations to develop an international agreement which provides for— (1) the designation of the R.M.S. Titanic as an international maritime memorial; and (2) research on, exploration of, and if appropriate, salvage of the R.M.S. Titanic consistent with the international guidelines developed pursuant to section 5 and the purposes of this Act. (b) In carrying out the requirements of subsection (a), the Secretary shall consult with the Administrator, who shall provide research and technical assistance to the Secretary. (c) The Secretary and the Administrator shall report semiannually to the Committee on Merchant Marine and Fisheries and the Committee on Foreign Affairs in the House of Representatives and to the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation in the Senate on the progress of the negotiations and consultations. (d) Upon adoption of an international agreement as described in subsection (a), the Secretary shall provide notification of the agreement and recommendations for legislation to implement the agreement to the Committee on Merchant Marine and Fisheries and the Committee on Foreign Affairs in the House of Representatives and to the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation in the Senate.

United Kingdom. France. Canada.

Reports.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/276

 100 STAT. 2084 16 USC 450rr-5.

PUBLIC LAW 99-513—OCT. 21, 1986

SEC. 7. SENSE OF CONGRESS ACTIVITIES.

REGARDING

CONDUCT

OF

FUTURE

It is the sense of Congress that research and limited exploration activities concerning the R.M.S. Titanic should continue for the purpose of enhancing public knowledge of its scientific, cultural, and historical significance: Provided, That, pending adoption of the international agreement described in section 6(a) or implementation of the international guidelines described in section 5, no person should conduct any such research or exploration activity which would physically alter, disturb, or salvage the R.M.S. Titanic. 16 USC 450rr-6.

SEC. 8. DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.

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By enactment of this Act, the United States does not assert sovereignty, or sovereign or exclusive rights or jurisdiction over, or the ownership of, any marine areas or the R.M.S. Titanic. > •

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Approved October 21, 1986.

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LEGISLATIVE HISTORY—S. 2048 (H.R. 3272): HOUSE REPORTS: No. 99-393 accompanying H.R. 3272 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: ,„ Vol. 131 (1985): Dec. 2, H.R. 3272 considered and passed House. Vol. 132 (1986): Sept. 24, S. 2048 considered and passed Senate. Oct. 6, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/277

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2085

Public Law 99-514 99th Congress An Act To reform the internal revenue laws of the United States.

—

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Tax Reform Act

of 1986. 26 USC 1 et seq.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Tax Reform Act of

1986". (b) TABLE OF CONTENTS.— "

Sec. Sec. Sec. Sec.

'

TITLE I-INDIVIDUAL INCOME TAX PROVISIONS

Subtitle A—Rate Reductions; Increase in Standard Deduction and Personal Exemptions 101. Rate reductions. 102. Increase in standard deduction. 103. Increase in personal exemptions. 104. Technical amendments.

Subtitle B—Provisions Related to Tax Credits Sec. 111. Increase in earned income credit. Sec. 112. Repeal of credit for contributions to candidates for public office. Subtitle C—Provisions Related to Exclusions Sec. 121. Taxation of unemployment compensation. Sec. 122. Prizes and awards. Sec. 123. Scholarships. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle D—Provisions Related to Deductions 131. Repeal of deduction for 2-earner married couples. 132. 2-percent floor on miscellaneous itemized deductions. 133. Medical expense deduction limitation increased. 134. Repeal of deduction for State and local sales tax. 135. Repeal of deduction for adoption expenses.

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Subtitle E—Miscellaneous Provisions 141. Repeal of income averaging. 142. Limitations on deductions for meals, travel, and entertainment. 143. Changes in treatment of hobby loss, etc. 144. Deduction for mortgage interest and real property taxes allowable where parsonage allowance or military housing allowance received. Subtitle F—Effective Dates

Sec. 151. Effective dates. TITLE II-PROVISIONS RELATING TO CAPITAL COST Subtitle A—Depreciation Provisions Sec. 201. Modification of accelerated cost recovery system. Sec. 202. Expensing of depreciable assets. Sec. 203. Effective dates; general transitional rules.

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Subtitle B—Repeal of Regular Investment Tax Credit Sec. 211. Repeal of regular investment tax credit. Sec. 212. Effective 15-year carryback of existing carryforwards of steel companies. Sec. 213. Effective 15-year carryback of existing carryforwards of qualified farmers.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/278

 100 STAT. 2086

PUBLIC LAW 99-514—OCT. 22, 1986

Subtitle C—General Business Credit Reduction r^ Sec. 221. Reduction in tax liability which may be offset by business credit from 85 percent to 75 percent.

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Subtitle D—Research and Development Provisions Sec. 231. Amendments relating to credit for increasing research activities. Sec. 232. Extension of credit for clinical testing expenses for certain drugs. Subtitle E—Changes in Certain Amortization Provisions

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Sec. Sec. Sec. Sec.

241. 242. 243. 244.

Repeal of 5-year amortization of trademark and trade name expenditures. Repeal of amortization of railroad grading and tunnel bores. Deduction for bus and freight forwarder operating authority. Treatment of expenditures for removal of architectural barriers to the handicapped and elderly made permanent.

Subtitle F—Provisions Relating to Real Estate Sec. 251. Modification of investment tax credit for rehabilitation expenditures. Sec. 252. Low-income housing credit. Subtitle G—Merchant Marine Capital Construction Funds Sec. 261. Provisions relating to merchant marine capital construction funds. TITLE III—CAPITAL GAINS

Subtitle A—Individual Capital Gains Sec. 301. Repeal of exclusion for long-term capital gains of individuals. Sec. 302. 28-percent capital gains rate for taxpayers other than corporations. Subtitle B—Repeal of Corporate Capital Gains Treatment

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Sec. 311. Repeal of corporate capital gains treatment. Subtitle C—Incentive Stock Options Sec. 321. Repeal of requirement that incentive stock options are exercisable only in chronological order; modification of $100,000 limitation. Subtitle D—Straddles Sec. 331. Year-end rule expanded. TITLE IV—AGRICULTURE. ENERGY, AND NATURAL RESOURCES Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405.

Subtitle A—Agriculture Limitation on expensing of soil and water conservation expenditures. Repeal of special treatment for expenditures for clearing land. Treatment of dispositions of converted wetlands or highly erodible croplands. Limitation on certain prepaid farming expenses. Tax treatment of discharge of certain indebtedness of solvent farmers.

Subtitle B—Treatment of Oil, Gas, Geothermal, and Hard Minerals Sec. 411. Treatment of intangible drilling costs and mineral exploration and development costs. Sec. 412. Modification of percentage depletion rules. Sec. 413. Gain from disposition of interests in oil, gas, geothermal, or other mineral properties. Subtitle C—Other Provisions • '^'', Sec. 421. Extension of energy investment credit for solar, geothermal, ocean thermal, and biomass property. Sec. 422. Provisions relating to excise tax on fuels. Sec. 423. Ethyl alcohol and mixtures thereof for fuel use. ^j,.,4-, , ^ «

TITLE V—TAX SHELTER LIMITATIONS; INTEREST LIMITATIONS

Subtitle A—Limitations on Tax Shelters Sec. 501. Limitations on losses and credits from passive activities. Sec. 502. Transitional rule for low-income housing. Sec. 503. Extension of at risk limitations to real property.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/279

 PUBLIC LAW 99-514-OCT. 22, 1986

100 STAT. 2087

Subtitle B—Interest Expense Sec. 511. Limitations on deduction for nonbusiness interest. TITLE VI—CORPORATE PROVISIONS Subtitle A—Corporate Rate Reductions Sec. 601. Corporate rate reductions. Sec. Sec. Sec. Sec.

611. 612. 613. 614.

Subtitle B—Treatment of Stock and Stock Dividends Reduction in dividends received deduction. Repeal of partial exclusion of dividends received by individuals. Nondeductibility of stock redemption expenses. Reduction in stock basis for nontaxed portion of extraordinary dividends.

Subtitle C—Limitation on Net Operating Loss Carryforwards and Excess Credit Carryforwards Sec. 621. Limitation on net operating loss carryforwards.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle D—Recognition of Gain and Loss on Distributions of Property in Liquidation 631. Recognition of gain and loss on distributions of property in liquidation. 632. Treatment of C corporations electing subchapter S status. 633. Effective dates. 634. Study of corporate provisions. 641. 642. 643. 644. 645. 646. 647.

Subtitle E—Other Corporate Provisions ,., Special allocation rules for certain asset acquisitions. Modification of definition of related party. Treatment of amortizable bond premium as interest. Provisions relating to cooperative housing corporations. Special rules relating to personal holding company tax. Certain entitles not treated as corporations. Special rule for disposition of stock of subsidiary.

651. 652. 653. 654. 655. 656. 657.

Subtitle F—Regulated Investment Companies Excise tax on undistributed income of r^ulated investment companies. Treatment of business development companies. Amendments to qualification rules. Treatment of series funds as separate corporations. .. Extension of period for mailing notices to shareholders. ^* Protection of mutual funds receiving third-party summonses. Certain distributions not treated as preferential dividends.

661. 662. 663. 664. 665. 666. 667.

Sec. 668. Sec. 669.

Subtitled—Real Estate Investment Trusts j^, General qualification requirements. Asset and income requirements. Definition of rents. Distribution requirements. Treatment of capital gains. Modifications of prohibited transaction rules. Deficiency dividends of real estate investment trusts not subject to penalty under section 6697. Excise tax on undistributed income of real estate investment trusts. Effective dates.

Subtitle H—Taxation of Interests in Entities Holding Real Estate Mortgages Sec. 671. Taxation of real estate mortgage investment conduits. Sec. 672. Rules for accruing original issue discount on r^;ular interests and similar debt instruments. Sec. 673. Treatment of taxable mortgage pools. Sec. 674. Compliance provisions. Sec. 675. Effective dates. TITLE Vn—ALTERNATIVE MINIMUM TAX Sec. 701. Alternative minimum tax for individuals and corporations. Sec. 702. Study of book and earnings and profits adjustments.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/280

 100 STAT. 2088

PUBLIC LAW 99-514—OCT. 22, 1986 TITLE VIII-ACCOUNTING PROVISIONS Subtitle A—General Provisions

Sec. Sec. Sec. Sec. Sec.

801. 802. 803. 804. 805.

Limitation on use of cash method of accounting. Simplified dollar-value LIFO method for certain small businesses. Capitalization and inclusion in inventory costs of certain expenses. ., Modifications of method of accounting for long-term contracts. Repeal of reserve for bad debts of taxpayers other than financial institutions. Sec. 806. Taxable years of certain entities. Subtitle B—Treatment of Installment Obligations Sec. 811. Allocation of indebtedness as payment on installment obligation. Sec. 812. Disallowance of use of installment method for certain obligations. Subtitle C—Other Provisions

ti,ori.Tf^^'.' • > « •*' ,

Sec. 821. Income attributable to utility services. Sec. 822. Repeal of application of discharge of indebtedness rules to qualified business indebtedness. Sec. 823. Repeal of deduction for qualified discount coupons. Sec. 824. Inclusion in gross income of contributions in aid of construction.. -, ' TITLE IX—FINANCIAL INSTITUTIONS

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Sec. 901. Limitations on bad debt reserves. Sec. 902. Interest incurred to carry tax-exempt bonds. Sec. 903. Termination of special 10-year carryback rules for certain financial institutions; new special carryover rules for certain losses. Sec. 904. Repeal of special reorganization rules for financial institutions. Sec. 905. Treatment of losses on deposits or accounts in insolvent financial institutions. TITLE X-INSURANCE PRODUCTS AND COMPANIES Subtitle A—Policyholder Issues Sec. 1001. Repeal of exclusion for interest on installment payments of life insurance proceeds. Sec. 1002. Exclusion from income with respect to structured settlements limited to cases involving ph3rsical injury. Sec. 1003. Denial of deduction for interest on loans from certain life insurance contracts. Sec. 1004. Deduction for nonbusiness casualty losses covered by insurance allowable only if claim filed. Subtitle B—Life Insurance Companies Sec. 1011. Repeal of special life insurance company deduction. Sec. 1012. Repeal of tax-exempt status for certain organizations providing commercial-type insurance. Sec. 1013. Operations loss deduction of insolvent companies may offset distributions from policyholders surplus account. Subtitle C—Property and Casualty Insurance Companies Sec. Sec. Sec. Sec.

1021. 1022. 1023. 1024.

Inclusion in income of 20 percent of unearned premium reserve. Treatment of certain dividends and tax-exempt interest. Discounting of unpaid losses and certain unpaid expenses. Repeal of protection against loss account; revision of special treatment for small companies; combination of parts II and III. Sec. 1025. Study of treatment of property and casualty insurance companies. Subtitle D—Miscellaneous Provisions Sec. 1031. Physicians' and surgeons' mutual protection and interindemnity arrangements or associations.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/281

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2089

TITLE XI-PENSIONS AND DEFERRED COMPENSATION; EMPIOYEE BENEFITS; EMPLOYEE STOCK OWNERSHIP PLANS Subtitle A—Pensions and Deferred Compensation ijialft akiiit:

PART I—LIMITATIONS ON TAX-DEFERRED SAVINGS SUBPART A—RULES APPLICABLE TO IRAS

Sec. 1101. Limitations on IRA deductions for active participants in certain pension plans. Sec. 1102. Nondeductible contributions may be made to individual retirement plans. Sec. 1103. Spousal deduction allowed where spouse has small amount of earned income. SUBPART B—OTHER PROVISIONS

Sec. 1105. $7,000 limitation on elective deferrals. Sec. 1106. Adjustments to limitations on contributions and benefits under qualified plans. Sec. 1107. Modifications of section 457. Sec. 1108. Special rules for simplified employee pensions. Sec. 1109. Deductible contributions permitted under section 501(c)(18) plan. PART II—NONDISCRIMINATION REQUIREMENTS SUBPART A—GENERAL REQUIREMENTS

Sec. Sec. Sec. Sec. Sec.

1111. 1112. 1113. 1114. 1115.

Application of nondiscrimination rules to integrated plans. Minimum coverage requirements for qualified plans. Minimum vesting standards. Definition of highly compensated employee. Separate lines of business; compensation. SUBPART B — OTHER PROVISIONS

Sec. 1116. Cash or deferred arrangements. Sec. 1117. Nondiscrimination requirements for employer matching contributions and employee contributions. Sec. 1118. Benefits treated as accruing ratably for purposes of determining whether plan is top-heavy. Sec. 1119. Modification of rules for benefit forfeitures. Sec. 1120. Nondiscrimination requirements for tax-sheltered annuities. PART III—TREATMENT OF DISTRIBUTIONS

Sec. 1121. Minimum distribution requirements. Sec. 1122. Taxation of distributions. Sec. 1123. Uniform additional tax on early distributions from qualified retirement plans. Sec. 1124. Election to treat certain lump sum distributions received during 1987 as received during 1986. PART IV—MISCELLANEOUS PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1131. 1132. 1133. 1134. 1135. 1136. 1137. 1138.

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1139. 1140. 1141. 1142. 1143. 1144. 1145.

Sec. 1146. Sec. 1147.

Adjustments to section 404 limitations. Excise tax on reversion of qualified plan assets to employer. Tax on excess distributions. Treatment of loans. Deferred annuities available only to natural persons. Profits not required for profit-sharing plans. Requirement that collective bargaining agreements be bona fide. Penalty on underpayments attributable to overstatement of pension liabilities. Interest rate assumptions. Plan amendments not required under January 1, 1989. Issuance of final regulations. Secretary to accept applications with respect to section 401(k) plans. Treatment of certain fishermen as self-employed individuals. Acquisition of gold and silver coins by individual retirement accounts. Requirement of joint and survivor annuities and preretirement survivor annuities not to apply to certain plan. Treatment of leased employees. Tax treatment of Federal Thrift Savings Fund.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/282

 100 STAT. 2090

PUBLIC LAW 99-514—OCT. 22, 1986 Subtitle B—Employee Benefit Provisions PART I—NONDISCRIMINATION RULES FXJR CERTAIN STATUTORY EMPLOYEE BENEFIT PLANS

Sec. 1151. Nondiscrimination rules for coverage and benefits under certain statutory employee benefit plans. PART II—OTHER PROVISIONS

,

Sec. 1161. Deductibility of health insurance costs of self-employed individuals. Sec. 1162. 2-year extension of exclusions for educational assistance programs and group legal plans. Sec. 1163. $5,000 limit on dependent care assistance exclusion. Sec. 1164. Tax treatment of faculty housing. Sec. 1165. Limitation on accrual of vacation pay. Sec. 1166. Treatment of certain full-time life insurance salesmen. " -iif'; JO < Sec. 1167. Extension of due date for study of welfare benefit plans. .» /^ri' Sec. 1168. Exclusion from gross income of certain military benefits. ,> ft;

TITLE XII—FOREIGN TAX PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle C—Changes Relating to Employee Stock Ownership Plans 1171. Repeal of employee stock ownership credit. 1172. Estate tax deduction for proceeds from sales of employer securities. 1173. Provisions relating to loans used to acquire employer securities. 1174. Requirements for employee stock ownership plans. 1175. Additional qualification requirements. 1176. Special ESOP requirements. ' 1177. Transition rules.

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Sec. 1201. Sec. 1202. Sec. 1203. Sec. 1204. Sec. 1205.

Sec. Sec. Sec. Sec. Sec. Sec.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1211. 1212. 1213. 1214. 1215. 1216.

Subtitle A—Foreign Tax Credit Modifications Separate application of section 904 with respect to certain categories of income. Deemed paid credit under sections 902 and 960 determined on accumulated basis. Clarification of treatment of separate limitation losses. >;> >Foreign taxes used to provide subsidies. Limitation on carryback of foreign tax credits to taxable years beginning before 1987. Subtitle B—Source Rules Determination of source in case of sales of personal property. Special rules for transportation income. Source rule for space and certain ocean activities. Limitations on special treatment of 80-20-corporations. Rules for allocating interest, etc., to foreign source income. 1-year modification in regulations providing for allocation of research and experimental expenditures.

Subtitle C—Taxation of Income Earned Through Foreign Corporations 1221. Income subject to current taxation. 1222. Testing controlled foreign corporations and foreign personal holding compemies by value and voting power. 1223. Subpart F de minimis rule. 1224. Repeal of special treatment of possessions corporations. 1225. Only effectively connected capital gains and losses of foreign corporations taken into account for purposes of accumulated earnings tax and personal holding company provisions. 1226. Deductions for dividends received from certain foreign corporations. 1227. Special rule for application of section 954 to certain dividends. 1231. 1232. 1233. 1234. 1235. 1236.

Subtitle D—Special Tax Provisions for United States Persons Modifications to section 936. Treatment of certain persons in Panama. Provisions relating to section 911 exclusion. Foreign compliance provisions. ' Treatment of certain passive foreign investment companies. Treatment of interest on obligations of the United States received by banks organized in Guam.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/283

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2091

Subtitle E—Treatment of Foreign Taxpayers Sec. 1241. Branch profits tax. Sec. 1242. Treatment of deferred payments and appreciation arising out of business conducted within the United States. Sec. 1243. Treatment under section 877 of property received in tax-free exchanges, etc. Sec. 1244. Study of United States reinsurance industry. Sec. 1245. Information with respect to certain foreign-owned corporations. Sec. 1246. Withholding tax on amounts paid by partnerships to foreign partners. Sec. 1247. Income of foreign governments. Sec. 1248. Limitation on cost of property imported from related persons. Sec. 1249. Treatment of dual residence corporations. Subtitle F—Foreign Currency Transactions Sec. 1261. Treatment of foreign currency transactions. Subtitle G—Tax Treatment of Possessions PART I—TREATMENT OF GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANA ISLANDS

Sec. 1271. Authority of Guam, American Samoa, and the Northern Mariana Islands to enact revenue laws. Sec. 1272. Exclusion of possession source income from the gross income of certain individuals. Sec. 1273. Treatment of corporations organized in Guam, American Samoa, or the Northern Mariana Islands. PART II—TREATMENT OF THE VIRGIN ISLANDS

Sec. 1274. Coordination of United States and Virgin Islands income taxes. Sec. 1275. Virgin Islands corporations allowed possession tax credit. PART III—COVER OVER OF INCOME TAXES

Sec. 1276. Cover over of income taxes. PART IV—EFFECTIVE DATE

Sec. 1277. Effective date. TITLE XIII—TAX-EXEMPT BONDS Subtitle A—Amendments of Internal Revenue Code of 1954 Sec. 1301. State and local bonds. Sec. 1302. Repeal of provisions relating to general stock ownership corporations. Sec. Sec. Sec. Sec. Sec. Sec.

1311. 1312. 1313. 1314. 1315. 1316.

Sec. 1317. Sec. 1318. Sec. 1319.

Subtitle B—Effective Dates and Transitional Rules General effective dates.

Transitional rules for construction or binding agreements, etc. Transitional rules relating to refundings. Special rules for certain bonds issued before August 16, 1986. Transitional rules relating to volume cap. Provisions relating to bonds provided special rules under prior revenue acts. Other transitional rules. Transitional rules for specific facilities. Definitions, etc., relating to effective dates and transitional rules.

TITLE XIV—TRUSTS AND ESTATES; UNEARNED INCOME OF CERTAIN MINOR CHILDREN; GIFT AND ESTATE TAXES; GENERATION-SKIPPING TRANSFER TAX Sec. Sec. Sec. Sec.

1401. 1402. 1403. 1404.

Subtitle A—Income Taxation of Trusts and Estates Grantor treated as holding any power or interest of grantor's spouse. Limitations to reversionary interest rule exceptions. Taxable year of trusts to be calendar year. Trusts and certain estates to make estimated payments of income taxes.

Subtitle B—Unearned Income of Certain Minor Children Sec. 1411. Unearned income of certain minor children.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/284

 100 STAT. 2092

PUBLIC LAW 99-514—OCT. 22, 1986

Subtitle C—Gift and Estate Taxes Sec. 1421. Information necessary for valid special use valuation election. Sec. 1422. Gift and estate tax deductions for certain conservation easement donations. Sec. 1423. Conveyance of certain real and personal property of decedent to charitable foundation treated as charitable contribution. Subtitle D—Generation Skipping Transfers Sec. 1431. New tax on generation-skipping transfers. Sec. 1432. Related amendments. Sec. 1433. Effective dates.

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TITLE XV-COMPLIANCE AND TAX ADMINISTRATION Sec. Sec. Sec. Sec.

1501. 1502. 1503. 1504.

Subtitle A—Revision of Certain Penalties, Etc. Penalty for failure to file information returns or statements. Increase in penalty for failure to pay tax. Amendments to penalty for negligence and fraud. Increase in penalty for substantial understatement of liability.

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Subtitle B—Interest Provisions Sec. 1511. Differential interest rate. Sec. 1512. Interest on accumulated earnings tax to accrue beginning on date return is due.

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Sec. 1521. Sec. 1522. Sec. 1523. Sec. 1524. Sec. 1525. Sec. 1531. Sec. 1532. Sec. 1533. Sec. 1534. Sec. 1535.

•

Subtitle C—Information Reporting Provisions Requirement of reporting for real estate transactions. Information reporting on persons receiving contracts from certain Federal agencies. Returns regarding payments of royalties. TINS required for dependents claimed on tax returns. ,, .. Tax-exempt interest required to be shown on return. Subtitle D—Provisions Relating to Tax Shelters Modification of tax shelter ratio test for registration of tax shelters. Increased penalty for failure to register tax shelters. Penalty for failure to include tax shelter identification number on return increased to $250. Increased penalty for failure to maintain lists of investors in potentially abusive tax shelters. Clarification of treatment of sham or fraudulent transactions under section 6621(c).

Subtitle E—Elstimated Tax Provisions ^^ Sec. 1541. Current year liability test increased from 80 to 90 percent for estimated tax payments by individuals. Sec. 1542. Certain tax-exempt organizations subject to corporate estimated tax rules. Sec. 1543. Waiver of estimated penalties for 1986 underpayments attributable to this Act. Sec. Sec. Sec. Sec.

1551. 1552. 1553. 1554.

Sec. 1555. Sec. Sec Sec. Sec.

1556. 1557. 1558. 1559.

Subtitle F—Provisions Regarding Judicial Proceedings Limitations on awarding of court costs and certain fees modified. Failure to pursue administrative remedies. Tax Court practice fee. Clarification of jurisdiction over addition to tax for failure to pay amount of tax shown on return. Authority to require attendance of United States marshals at Tax Court sessions. Changes in certain provisions relating to special trial judges. Effect on retired pay by election to practice law, etc., after retirement. Authorization for appeals from interlocutory orders of the Tax Court. Changes relating to annuities for surviving spouses and dependent children of Tax Court judges.

Subtitle G—Tax Administration Provisions Sec. 1561. Suspension of statute of limitations if third-party records not produced within 6 months after service of summons. Sec. 1562. Authority to rescind notice of deficiency with taxpayer's consent. ,:*3

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Page:United States Statutes at Large Volume 100 Part 3.djvu/285

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2093

Sec. 1563. Authority to abate interest due to errors or delays by the Internal Revenue Service. Sec. 1564. Suspension of compounding where interest on deficiency suspended. Sec 1565. Certain service-connected disability payments exempt from levy. Sec. 1566. Increase in value of personal property subject to certain listing and notice procedures. Sec 1567. Certain recordkeeping requirements. Sec 1568 Disclosure of returns and return information to certain cities. Sec 1.569. Treatment of certain forfeitures. Subtitle H—Miscellaneous Provisions Sec. 1571. Withholding allowances to reflect new rate schedules. Sec. 1572. Report on return-free system. Sec 1601 Sec Sec Sec. Sec

1602. 1603. 1604. 1605

Sec 1606 Sec. 1607. Sec 1608.

Sec. Sec. Sec. Sec Sec

1701 1702 1703 1704. 1705.

Sec Sec Sec. Sec. Sec. Sec.

1706. 1707. 1708. 1709 1710 1711.

TITLE XVI—EXEMPT AND NONPROFIT ORGANIZATIONS Certain distributions of low cost articles and exchanges and rentals of member lists by certain organizations not to be treated as unrelated trade or business. Educational activities at convention and trade shows. Tax exemption for certain title-holding companies. Exception to membership organization deduction rules. Tax-exempt status for an organization introducing into public use technology developed by qualified organizations. Definition of government official. Transition rule for acquisition indebtedness with respect to certain land. Treatment of certain amounts paid to or for the benefit of certain institutions of higher education. TITLE XVII—MISCELLANEOUS PROVISIONS Extension and modification of targeted jobs credit. Certain diesel fuel taxes may be imposed on sales to retailers. Gasoline tax generally collected at terminal level. Exemption from social security coverage for certain clergy. Applicability of unemployment compensation tax to certain services performed for certain Indian tribal governments. Treatment of certain technical personnel. Exclusion for certain foster care payments. Extension of rules for spouses of individuals missing in action. Amendment to the Reindeer Industry Act of 1937. Quality control studies. Adoption assistance agreements under adoption assistance program: payment of nonrecurring expenses related to adoptions of children with special needs. TITLE XVIII—TECHNICAL CORRECTIONS

Sec 1800. Coordination with other titles.

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Subtitle A—Amendments Related to the Tax Reform Act of 1984 CHAPTER 1—AMENDMENTS RELATED TO TITLE I OF THE ACT

Sec. Sec. Sec Sec. Sec Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1801 1802. 1803. 1804. 1805. 1806. 1807. 1808. 1809. 1810. 1811. 1812.

Amendments Amendments Amendments Amendments Amendments Amendments Amendments Amendments Amendments Amendments Amendments Amendments

related related related related related related related related related related related related

to deferral of certain tax reductions. to tax-exempt entity leasing provisions. to treatment of bonds and other debt instruments. to corporate provisions. to partnership provisions. to trust provisions. to accounting changes. to tax straddle provisions. , -^ to depreciation provisions. to foreign provisions. to reporting, penalty, and other provisions. to miscellaneous provisions.

CHAPTER 2—AMENDMENTS RELATED TO TITLE II OF THE ACT

Sec. Sec. Sec. Sec. Sec. Sec.

1821. 1822. 1823. 1824. 1825. 1826.

Amendments related to section 211 of the Act. Amendments related to section 216 of the Act. Amendment related to section 217 of the Act. Amendment related to section 218 of the Act. Amendments related to section 221 of the Act. Amendments related to section 222 of the Act.

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Page:Petition of the residents of Auburn, New York (1898).jpg

 To the Honorable Sereno E. Payne, House of Representatives 28th district State of Newyork.

Sir: We the undersigned residents of the city of Auburn N.Y. Earnestly request you to call up the claim of Harriet Tubman (now Harriet Davis) the well known colored woman, a resident of, or near this city. The claim for her personal valuable services to the government during the late war of rebellion as scout nurse and spy was presented to congres several years ago by the Hon G. S. MacDougall and a bill was pased allowing her $1800. but no further action was taken and the bill failed to become a law.

Will you please bring up the matter again and pres it to a final and sucesful termination. And your petitioners will Ever pray.


text:
Page:United States Statutes at Large Volume 100 Part 3.djvu/286

 100 STAT. 2094

PUBLIC LAW 99-514—OCT. 22, 1986

Sec. Sec. Sec. Sec.

1827. 1828. 1829. 1830.

Amendments related to section 223 of the Act. v >. iri « ,.,.. •:,'•>* Amendment related to section 224 of the Act. Waiver of interest on certain underpayments of tax. Scope of section 255 of the Tax Equity and Fiscal Responsibility Act of 1982. CHAPTER 3—AMENDMENTS RELATED TO TITLE III OF THE ACT

Sec. Sec. Sec. Sec.

1831. 1832. 1833. 1834.

Amendment Amendment Amendment Amendment

related related related related

to section to section to section to section

301 of the 303 of the 305 of the 311 of the

Act. Act. Act. Act.

CHAPTER 4—AMENDMENTS RELATED TO TITLE IV OP THE ACT

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1841. 1842. 1843. 1844. 1845. 1846. 1847. 1848.

Amendment related to section 311 of the Act. Amendments related to section 421 of the Act. Amendments related to section 422 of the Act. Amendments related to section 431 of the Act. Amendment related to section 452 of the Act. Amendments related to section 473 of the Act. Amendments related to section 474 of the Act. Amendments related to section 491 of the Act.

'

','

CHAPTER 5—AMENDMENTS RELATED TO SECTION 216 OF THE ACT

Sec. Sec. Sec. Sec. Sec.

1851. 1852. 1853. 1854. 1855.

Amendments Amendments Amendments Amendments Amendments

related related related related related

to to to to to

welfare benefit plan provisions. ,,, pension plan provisions. ' i „ •. fringe benefit provisions. employee stock ownership plans. miscellaneous employee benefit provisions.

CHAPTER 6—AMENDMENTS RELATED TO TITLE VI OF THE ACT

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1861. 1862. 1863. 1864. 1865. 1866. 1867. 1868. 1869. 1870. 1871. 1872. 1873.

Amendments related to section 611 of the Act. Amendment related to section 612 of the Act. Amendment related to section 613 of the Act. Amendments related to section 621 of the Act. Amendment related to section 622 of the Act. Transitional rule for limit on small issue exception. Amendments related to section 624 of the Act. Amendment related to section 625 of the Act. Amendments related to section 626 of the Act. Amendment related to section 627 of the Act. Amendments related to section 628 of the Act. Amendments related to section 631 of the Act. Amendments related to section 632 of the Act.

,,->

CHAPTER 7—MISCELLANEOUS PROVISIONS

Sec. Sec. Sec. Sec. Sec.

1875. 1876. 1877. 1878. 1879.

Amendments related to title Amendments related to title Amendments related to title Amendments related to title Miscellaneous provisions.

VII of the Act. VIII of the Act. IX of the Act. X of the Act.

-' "

CHAPTER 8—EFFECTIVE DATE

'" -

Sec. 1881. Effective date. Subtitle B—Related to Other Programs Affected by the Deficit Reduction Act of 1984 CHAPTER 1—AMENDMENTS RELATED TO SOCIAL SECURITY ACT PROGRAMS

Sec. 1882. Amendments related to coverage of church employees (section 2603 of the Deficit Reduction Act). Sec. 1883. Technical corrections in other provisions related to Social Security Act pn^rams. CHAPTER 2—AMENDMENTS RELATED TO UNEMPLOYMENT COMPENSATION PROGRAM

Sec. 1884. Technical corrections in Federal Unemployment Tax Act. CHAPTER 3—AMENDMENTS RELATED TO TRADE AND TARIFF PROGRAMS

Sec. 1885. Amendments to the tariff schedules. Sec. 1886. Technical corrections to countervailing and antidumping duty provisions.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/287

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2095

Sec. Sec. Sec. Sec. Sec.

1887. Amendments to the Trade Act of 1974. 1888. Amendments to the Tariff Act of 1930. 1890. Amendments to the Caribbean Basin Economic Recovery Act. 1891. Conforming amendments regarding customs brokers. 1892. Special effective date provisions for certain articles given duty-free treatment under the Trade and Tariff Act of 1984. Sec. 1893. Technical amendments relating to customs user fees. Subtitle C—Miscellaneous CHAPTER 1—AMENDMENTS RELATED TO THE CONSOLIDATED OMNIBUS BUDGET RECONCIUATION ACT OF 1985

Sec. 1895. COBRA technical corrections relating to Social Security Act programs. Sec. 1896. Extension of time for filing for credit or refund with respect to certain changes involving insolvent farmers. Sec. 1897. Correction of clerical error in amendments to coal tax. CHAPTER 2—AMENDMENTS RELATED TO THE RETIREMENT EQUITY ACT OF 1984

Sec. 1898. Technical corrections to the Retirement Equity Act of 1984. CHAPTER 3—AMENDMENT RELATED TO THE CHILD SUPPORT ENFORCEMENT AMENDMENTS OF 1984

Sec. 1899. Amendment related to the Child Support Enforcement Amendments of 1984. .v.

CHAPTER 4—MISCELLANEOUS AMENDMENTS CORRECTING ERRORS OF SPELLING, PUNCTUATION, ETC.

Sec. 1899A. Miscellaneous amendments correcting errors of spelling, punctuation, etc. SEC. 2. INTERNAL REVENUE CODE OF 1986.

(a) REDESIGNATION OF 1954 CODE.—The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the "Internal Revenue Code of 1986". (b) REFERENCES IN LAWS, ETC.—Except when inappropriate, any reference in any law. Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954. S E C 3. AMENDMENT OF 1986 CODE; COORDINATION WITH SECTION 15.

(a) AMENDMENT OF 1986 CODE.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (b) COORDINATION WITH SECTION 15.—

(1) IN GENERAL.—Except as provided in paragraph (2), for purposes of section 15 of the Internal Revenue Code of 1986, no amendment or repeal made by this Act shall be treated as a ' change in the rate of a tax imposed by chapter 1 of such Code. (2) EXCEPTION.—Paragraph (1) shall not apply to the amend-j o ment made by section 601 (relating to corporate rate reductions).

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Page:United States Statutes at Large Volume 100 Part 3.djvu/288

 100 STAT. 2096

PUBLIC LAW 99-514—OCT. 22, 1986

TITLE I—INDIVIDUAL INCOME TAX PROVISIONS Subtitle A—Rate Reductions; Increase in Standard Deduction and Personal Exemptions SEC. 101. RATE REDUCTIONS.

(a) GENERAL RULE.—Section 1 (relating to tax imposed on individuals) is amended to read as follows: "SECTION 1. TAX IMPOSED. "(a) MARRIED INDIVIDUALS F I U N G JOINT RETURNS AND SURVIVING

SPOUSES.—There is hereby imposed on the taxable income of— "(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and "(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: "If taxable income is Not over $29,750 Over $29,750

The tax is: 15% of taxable income. $4,462.50, plus 28% of the excess over $29,750.

"(h) HEADS OF HOUSEHOLDS.—There is hereby imposed on the

taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: "If taxable income is Not over $23,900 Over $23,900

The tax is: 15% of taxable income. $3,585, plus 28% of the excess over $23,900.

"(c) UNMARRIED INDIVIDUALS (OTHER THAN SURVIVING SPOUSES AND HEADS OF HOUSEHOLDS).—There is hereby imposed on the tax-

able income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(h)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: "If taxable income is . Not over $17,850 Over $17,850

The tax is: 15% of taxable income. $2,677.50, plus 28% of the excess over $17,850.

"(d) MARRIED INDIVIDUALS FILING SEPARATE RETURNS.—There is

hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: "If taxable income is ,, Not over $14,875 ' Over $14,875 •^

The tax is: '' 15% of taxable income. $2,231.25, plus 28% of the excess over $14,875.

"(e) ESTATES AND TRUSTS.—There is hereby imposed on the taxable income of— ..i.«s "(1) every estate, and "(2) every trust,

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Page:United States Statutes at Large Volume 100 Part 3.djvu/289

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2097

taxable under this subsection a tax determined in accordance with the following table: "If taxable income is Not over $5,000 Over $5,000

The tax is: 15% of taxable income. $750, plus 28% of the excess over $5,000.

"(f) ADJUSTMENTS IN TAX TABLES SO THAT INFLATION WILL NOT RESULT IN TAX INCREASES.—

"(1) IN GENERAL.—Not later than December 15 of 1988, and each subsequent calendar year, the Secretary shall prescribe tables which shall apply in lieu of the tables contained in subsections (a), (b), (c), (d), and (e) with respect to taxable years beginning in the succeeding calendar year. "(2) METHOD OF PRESCRIBING TABLES.—The table which under paragraph (1) is to apply in lieu of the table contained in subsection (a), (b), (c), (d), or (e), as the case may be, with respect to taxable years beginning in any calendar year shall be prescribed— "(A) by increasing the minimum and maximum dollar amounts for each rate bracket for which a tax is imposed under such table by the cost-of-living adjustment for such calendar year, "(B) by not changing the rate applicable to any rate bracket as adjusted under subparagraph (A), and "(C) by adjusting the amounts setting forth the tax to the extent necessary to reflect the adjustments in the rate brackets. "(3) COST-OF-UVING ADJUSTMENT.—For purposes of paragraph

(2), the cost-of-living adjustment for any calendar year is the percentage (if any) by which— "(A) the CPI for the preceding calendar year, exceeds "(B) the CPI for the calendar year 1987. "(4) CPI FOR ANY CALENDAR YEAR.—For purposes of paragraph (3), the CPI for any calendar year is the average of the (Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. "(5) (I!oNSUMER PRICE INDEX.—For purposes of paragraph (4), •- the term 'Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the (Consumer Price Index for calendar year 1986 shall be used. "(6) ROUNDING.—

"(A) IN GENERAL.—If any increase determined under paragraph (2)(A), subsection (g)(4), section 63(c)(4), or section 151(d)(3) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. -iv.)

..,,.

"(B)

TABLE

FOR MARRIED

INDIVIDUALS FILING

SEPA-

RATELY.—In the case of a married individual filing a separate return, subparagraph (A) (other than with respect to section 63(c)(4)) shall be applied by substituting '$25' for '$50' each place it appears.

"(g) PHASEOUT OF IS^PERCENT RATE AND PERSONAL EXEMPTIONS.—

"(1) IN GENERAL.—The amount of tax imposed by this section (determined without regard to this subsection) shall be increased by 5 percent of the excess (if any) of—

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Page:A Collection of Several Philosophical Writings of Dr. Henry More.djvu/52

10 wringings of Conscience, trouble of correcting their Lives, and fear of being accountable before that great Tribunall.

3. Wherefore for the reclaiming of these, if it were possible, at least for the succouring and extricating of those in whom a greater measure of the love of God doth dwell, (who may probably by some darkening cloud of Melancholy, or some more then ordinary importunity of the Tempter, be dissettled and intangled in their thoughts concerning this weighty matter) I held it fit to bestow mine endeavours upon this so useful and seasonable an enterprise, as to demonstrate That there is a God.

P I.

1. That there is nothing so demonstrable, that the Mind of man can rationally conclude that it is impossible to be otherwise. 2. That the Soul of man may give full Assent to that which notwithstanding may possibly be otherwise, made good by fever all Examples. 3. A like Example of Dissent. 4. The reasons why he has so sedulously made good this point. 5. That the Atheist has no advantage from the Authours free confession, that his Arguments are not so convictive but that they leave a possibility of the thing being otherwise.

UT when I speak of demonstrating there is a God, I would not be suspected of so much vanity and ostentation, as to be thought I mean to bring no Arguments but such as are so convictive, that a mans Understanding shall be forced to confesse that it is impossible to be otherwise then I have concluded. For, for mine own part, I am prone to believe that there is nothing at all to be so demonstrated. For it is possible that Mathematical evidence it self may be but a constant undiscoverable Delusion, which our nature is necessarily and perpetually obnoxious unto, and that either fatally or fortuitously there has been in the world time out of minde such a Being as we call Man, whose essentiall Property it is to be then most of all mistaken, when he conceives a thing most evidently true. And why may not this be as well as any thing else, if you will have all things fatall or casuall without a God? For there can be no curb to this wilde conceit, but by the supposing that we our selves exist from some higher Principle that is absolutely Good and Wise, which is all one as to acknowledge That there is a God.

2. Wherefore when I say that I will demonstrate That there is a God, I do not promise that I will alwayes produce such Arguments, that the Reader shall acknowledge so strong, as he shall be forced to confesse that it is utterly unpossible that it should be otherwise: but they shall be such as shall deserve full assent and win full assent from any unprejudic'd mind.

For I conceive that we may give full assent to that which notwithstanding may possibly be otherwise: which I shall illustrate by severall Examples. Suppose two men got to the top of mount Athos, and there


text:
Page:United States Statutes at Large Volume 100 Part 3.djvu/290

 100 STAT. 2098

PUBLIC LAW 99-514—OCT. 22, 1986

rlJiw:

"(A) taxable income, over ••''..-irli,,f -; - ' t:?^! "(B) the applicable dollar amount. "(2) LIMITATION.—The increase determined under paragraph (1) with respect to any taxpayer for any taxable year shall not
 * > exceed the sum of—

"(A) 13 percent of the maximum amount of taxable income to which the 15-percent rate applies under the table contained in subsection (a), (b), (c), or (e) (whichever applies), and "^ "(B) 28 percent of the deductions for personal exemptions allowable to the taxpayer for the taxable year under section 151. In the case of any individual taxable under subsection (d), ^' subparagraph (A) shall apply as if such individual were taxable " under subsection (a). "(3) APPLICABLE DOLLAR AMOUNT.—For purposes of paragraph

(1), the applicable dollar amount shall be determined under the following table:

^' yisV" 'f '•

"In the case of a taxpayer to which the following subsection of this section applies: Subsection (a) Subsection (b) Subsection (c) Subsection (d) Subsection (e)

The applicable dollar amount is: $71,900 61,650 43,150 35,950 13,000.

"(4) ADJUSTMENT FOR INFLATION.—In the case of any taxable ^ year beginning in a calendar year after 1988, each dollar "^ amount contained in paragraph (3) shall be increased by an amount equal to— . "(A) such dollar amount, multiplied by "(B) the cost-of-living adjustment determined under . subsection (f)(3) for the calendar year in which the taxable year begins. "(h) TAX SCHEDULES FOR TAXABLE YEARS BEGINNING IN 1987.—In the case of any taxable year beginning in 1987— "(1) subsection (g) shall not apply, and "(2) the following tables shall apply in lieu of the tables set forth in subsections (a), (b), (c), (d), and (e): g^ ^

"(A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND

^^

SURVIVING SPOUSES.—The table to apply for purposes of subsection (a) is as follows:

"If taxable income is Not over $3,000 Over $3,000 but not over $28,000 Over $28,000 but not over $45,000 Over $45,000 but not over $90,000 Over $90,000

0

1

. "iiii'.it

The tax is: 11% of taxable income. $330, plus 15% of the excess over $3,000. $4,080, plus 28% of the excess over $28 000 $8,840, plus 35% of the excess over $45,000. $24,590, plus 38.5% of the excess over $90,000.

"(B) HEADS OF HOUSEHOLDS.—The table to apply for pur-

poses of subsection (b) is as follows:

"If taxable income is Not over $2,500 Over $2,500 but not over $23,000 Over $23,000 but not over $38,000

The tax is: 11% of taxable income. $275, plus 15% of the excess over $2,500. $3,350, plus 28% of the excess over $23,000.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/291

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2099

"If taxable income is Over $38,000 but not over $80,000 Over $80,000 "(C)

The tax is: $7,550, plus 35% of the excess over $38,000. $22,250, plus 38.5% of the excess over $80,000. UNMARRIED INDIVIDUALS OTHER THAN SURVIVING

SPOUSES AND HEADS OF HOUSEHOLDS.—The table to apply for purposes of subsection (c) is as follows: "If taxable income is Not over $1,800 Over $1,800 but not over $16,800 Over $16,800 but not over $27,000 Over $27,000 but not over $54,000 Over $54,000

The tax is: 11% of taxable income. $198, plus 15% of the excess over $1,800. $2,448, plus 28% of the excess over $16,800. $5,304, plus 35% of the excess over $27,000. $14,754, plus 38.5% of the excess over $54,000.

"(D) MARRIED INDIVIDUALS FIUNG SEPARATE RETURNS.—

'••

The table to apply for purposes of subsection (d) is as follows:

"If taxable income is Not over $1,500 Over $1,500 but not over $14,000 Over $14,000 but not over $22,500 Over $22,500 but not over $45,000 Over $45,000

^'

The tax is: 11% of taxable income. $165, plus 15% of the excess over $1,500. $2,040, plus 28% of the excess over $14,000. $4,420, plus 35% of the excess over $22,500. $12,295, plus 38.5% of the excess over $45,000.

"(E) ESTATES AND TRUSTS.—The table to apply for purposes of subsection (e) is as follows:

"If taxable income is Not over $500 Over $500 but not over $4,700 Over $4,700 but not over $7,550 Over $7,550 but not over $15,150 Over $15,150

The tax is: 11% of taxable income. $55, plus 15% of the excess over $500. $685, plus 28% of the excess over $4,700. $1,483, plus 35% of the excess over $7,550. $4,143, plus 38.5% of the excess over $15,150."

(b) AMENDMENT OF SECTION 15.—Subsection (d) of section 15 (relating to effect of changes in rates during a taxable year) is amended to read as follows: "(d) SECTION NOT TO APPLY TO INFLATION ADJUSTMENTS.—This

section shall not apply to any change in rates under subsection (f) of section 1 (relating to adjustments in tax tables so that inflation will not result in tax increases)." SEC. 102. INCREASE IN STANDARD DEDUCTION.

(a) GENERAL RULE.—Section 63 (defining taxable income) is amended to read as follows: "SEC. 63. TAXABLE INCOME DEFINED.

"(a) IN GENERAL.—Except as provided in subsection (b), for purposes of this subtitle, the term 'taxable income' means gross income minus the deductions allowed by this chapter (other than the standard deduction). "(b) INDIVIDI/ALS WHO DO NOT ITEMIZE THEIR DEDUCTIONS.—In the

case of an individual who does not elect to itemize his deductions for

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Page:United States Statutes at Large Volume 100 Part 3.djvu/292

 100 STAT. 2100

PUBLIC LAW 99-514—OCT. 22, 1986

the taxable year, for purposes of this subtitle, the term 'taxable income' means adjusted gross income, minus— "(1) the standard deduction, and "(2) the deduction for personal exemptions provided in section 151. "(c) STANDARD DEDUCTION.—For purposes of this subtitle— "(1) IN GENERAL.—Except as otherwise provided in this subsection, the term 'standard deduction' means the sum of— "(A) the basic standard deduction, and "(B) the additional standard deduction. ?r?

"(2) BASIC STANDARD DEDUCTION.—For purposes of paragraph

"(A) $5,000 in the case of— "(i) a joint return, or iHvo r- * "(ii) a surviving spouse (as defined in section 2(a)), "(B) $4,400 in the case of a head of household (as defined in section 20))), "(C) $3,000 in the case of an individual who is not married and who is not a surviving spouse or head of household, or "(D) $2,500 in the case of a married individual filing a separate return. "(3) ADDITIONAL STANDARD DEDUCTION FOR AGED AND BLIND.—
 * '*' (1), the basic standard deduction is—

For purposes of paragraph (1), the additional standard deduction is the sum of each additional amount to which the taxpayer "*"" is entitled under subsection (f). ^ "(4) ADJUSTMENTS FOR INFLATION.—In the case of any taxable year beginning in a calendar year after 1988, each dollar ,,^ amount contained in paragraph (2) or (5)(A) or subsection (f) "(A) such dollar amount, multiplied by "(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year iM*.\^ begins.
 * shall be increased by an amount equal to—
 * ]'

"(5) LIMITATION ON STANDARD DEDUCTION IN THE CASE OF

CERTAIN DEPENDENTS.—In the case of an individual with respect 19' to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in If which the individual's taxable year begins, the standard deduces) ^ion applicable to such individual for such individual's taxable year shall not exceed the greater of— "(A) $500, or "(B) such individual's earned income. "(6) CERTAIN INDIVIDUALS, ETC., NOT ELIGIBLE FOR STANDARD

DEDUCTION.—In the case of— "(A) a married individual filing a separate return where either spouse itemizes deductions, m 's.c "(B) a nonresident alien individual, "(C) a citizen of the United States entitled to the benefits of section 931 (relating to income from sources within possessions of the United States), "(D) an individual making a return under section i 443(a)(1) for a period of less than 12 months on account of a J {, change in his annual accounting period, or "(E) an estate or trust, common trust fund, or partnership, the standard deduction shall be zero.

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Page:United States Statutes at Large Volume 100 Part 3.djvu/293

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2101

"(d) ITEMIZED DEDUCTIONS.—For purposes of this subtitle, the term 'itemized deductions' means the deductions allowable under this chapter other than— "(1) the deductions allowable in arriving at adjusted gross income, and "(2) the deduction for personal exemptions provided by section 151. "(e) ELECTION TO ITEMIZE.—

"(1) IN GENERAL.—Unless an individual makes an election under this subsection for the taxable year, no itemized deduction shall be allowed for the taxable year. For purposes of this subtitle, the determination of whether a deduction is allowable under this chapter shall be made without regard to the preceding sentence. "(2) TIME AND MANNER OF ELECTION.—Any election under this subsection shall be made on the taxpayer's return, and the Secretary shall prescribe the manner of signifying such election on the return. "(3) CHANGE OF ELECTION.—Under regulations prescribed by the Secretary, a change of election with respect to itemized deductions for any taxable year may be made after the filing of the return for such year. If the spouse of the taxpayer filed a separate return for any taxable year corresponding to the taxable year of the taxpayer, the change shall not be allowed unless, in accordance with such regulations— "(A) the spouse makes a change of election with respect to itemized deductions, for the taxable year covered in such separate return, consistent with the change of treatment sought by the taxpayer, and "(B) the taxpayer and his spouse consent in writing to the assessment (within such period as may be agreed on with the Secretary) of any deficiency, to the extent attributable to such change of election, even though at the time of the p., filing of such consent the assessment of such deficiency would otherwise be prevented by the operation of any law or rule of law. This paragraph shall not apply if the tax liability of the taxpayer's spouse for the taxable year corresponding to the taxable year of the taxpayer has been compromised under section 7122. "(f) AGED OR BLIND ADDITIONAL AMOUNTS.— "(1) ADDITIONAL AMOUNTS FOR THE AGED.—The

taxpayer shall

be entitled to an additional amount of $600— "(A) for himself if he has attained age 65 before the close of his taxable year, and "(B) for the spouse of the taxpayer if the spouse has attained age 65 before the close of the taxable year and an additional exemption is allowable to the taxpayer for such spouse under section 151(b). "(2) ADDITIONAL AMOUNT FOR BLIND.—The taxpayer shall be entitled to an additional amount of $600— "(A) for himself if he is blind at the close of the taxable year, and "(B) for the spouse of the taxpayer if the spouse is blind as of the close of the taxable year and an additional exemption is allowable to the taxpayer for such spouse under section 151(b).

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Page:United States Statutes at Large Volume 100 Part 3.djvu/294

 100 STAT. 2102

PUBLIC LAW 99-514—OCT. 22, 1986 • For purposes of subparagraph (B), if the spouse dies during the Sir taxable year the determination of whether such spouse is blind shall be made as of the time of such death. «»

"(3) HIGHER AMOUNT FOR CERTAIN UNMARRIED INDIVIDUALS.—

In the case of an individual who is not married and is not a > surviving spouse, paragraphs (1) and (2) shall be applied by substituting '$750' for '$600'. "(4) BUNDNESS DEFINED.—For purposes of this subsection, an ri individual is blind only if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. "(g) MARITAL STATUS.—For purposes of this section, marital status shall be determined under section 7703. "(h)

TRANSITIONAL RULE FOR TAXABLE YEARS BEGINNING IN

1987.—In the case of any taxable year beginning in 1987, paragraph (2) of subsection (c) shall be applied— "(1) by substituting '$3,760' for '$5,000', "(2) by substituting'$2,540'for'$4,400', "(3) by substituting'$2,540'for'$3,000', and "(4) by substituting '$1,880' for '$2,500'. The preceding sentence shall not apply if the taxpayer is entitled to an additional amount determined under subsection (f) (relating to additional amount for aged and blind) for the taxable year." (b) TAX TABLES.—Section 3 (relating to tax tables for individuals) is amended by striking out subsection (a) and inserting in lieu thereof the following: "(a) IMPOSITION OF TAX TABLE TAX.—

"(1) IN GENERAL.—In lieu of the tax imposed by section 1, there is hereby imposed for each taxable year on the taxable income of every individual— "(A) who does not itemize his deductions for the taxable year, and ' "(B) whose taxable income for such taxable year does not exceed the ceiling amount, a tax determined under tables, applicable to such taxable year, which shall be prescribed by the Secretary and which shall be in such form as he determines appropriate. In the table so prescribed, the amounts of the tax shall be computed on the basis of the rates prescribed by section 1. ^' "(2) CEILING AMOUNT DEFINED.—For purposes of parstgraph (1), the term 'ceiling amount' means, with respect to any taxpayer, for the tax rate category in which such taxpayer falls. "(3) AUTHORITY TO PRESCRIBE TABLES FOR TAXPAYERS WHO ITEM-
 * the amount (not less than $20,000) determined by the Secretary

•;

IZE DEDUCTIONS.—The Secretary may provide that this section shall apply also for any taxable year to individuals who itemize their deductions. Any tables prescribed under the preceding sentence shall be on the basis of taxable income."

SEC.103. INCREASE IN PERSONAL EXEMPTIONS.

(a) GENERAL RULE.—Subsection (f) of section 151 (defining exemption amount) is amended to read as follows: "(f) EXEMPTION AMOUNT.—For purposes of this section— "(1) IN GENERAL.—Except as provided in paragraph (2), the term 'exemption amount' means—

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Page:United States Statutes at Large Volume 100 Part 3.djvu/295

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2103

"(A) $1,900 for taxable years beginning during 1987, "(B) $1,950 for taxable years beginning during 1988, and "(C) $2,000 for taxable years beginning after December 31, 1988. "(2) EXEMPTION AMOUNT DISALLOWED IN THE CASE OF CERTAIN

DEPENDENTS.—In the case of an individual with respect to whom a deduction under this section is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, the exemption amount applicable to such individual for such individual's taxable year shall be zero. "(3) INFLATION ADJUSTMENT FOR YEARS AFTER 1989.—In the case of any taxable year beginning in a calendar year after 1989, the dollar amount contained in paragraph (1)(C) shall be increased by an amount equal to— "(A) such dollar amount, multiplied by "(B) the cost-of-living adjustment determined under section 1(f)(3), for the calendar year in which the taxable year begins, by substituting 'calendar year 1988' for 'calendar year 1987' in subparagraph (B) thereof." (b) REPEAL OF ADDITIONAL EXEMPTIONS FOR TAXPAYERS OVER AGE

65 OR BUND.—Section 151 is amended by striking out subsections (c) and (d) and by redesignating subsections (e) and (f) as subsections (c) and (d), respectively. SEC. 104. TECHNICAL AMENDMENTS. (a) FILING REQUIREMENTS.— (1) SECTION 6O12.—

(A) Paragraph (1) of section 6012(a) (relating to persons required to make returns of income) is amended to read as follows: "(1)(A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount, except that a return shall not be required of an individual— "(i) who is not married (determined by applying section 7703), is not a surviving spouse (as defined in section 2(a)), is .15i, not a head of a household (as defined in section 2(b)), and for the taxable year has gross income of less than the sum of isi: the exemption amount plus the basic standard deduction applicable to such an individual, V . "(ii) who is a head of a household (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual, "(iii) who is a surviving spouse (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual, or "(iv) who is entitled to make a joint return and whose ^ gross income, when combined with the gross income of his spouse, is, for the taxable year, less than the sum of twice the exemption amount plus the basic standard deduction applicable to a joint return, but only if such individual and his spouse, at the close of the taxable year, had the same ' household as their home.

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