Rep. Broyhill, James T. [R-NC-10]

An amendment to add a new section. The new section stipulates that funds are to remain available until May 1, 1982, that no supplemental payments to households or home heating suppliers for reimbursements of heating costs are to be made after May 1, 1982 from these funds. It also prohibits the use of these funds for specified functions (nonenergy assistance programs).

United States · United States Congress

An amendment to replace the "Congressional Approval" section with a "Congressional Disapproval" section pertaining to the Regional Rail Reorganization Act. The new section permits any plan for ConRail submitted by the Secretary to take effect, unless Congress within 60 days of its submission, passes a joint resolution of disapproval.

United States · United States Congress

A substitute amendment to the Luken amendment. The amendment 1) prohibits the FTC from finding any method of competition unfair if that method under the Sherman Act would be held to constitute state action, 2) prohibits the FTC from issuing regulations prohibiting unfair practices if such regulations would invalidate state laws which establish regulations for the training and competition of professionals, unless the FTC finds that the state law a) prescribes any commercial or business act or practice and b) adversely affects or is likely to adversely affect competition. In making such a finding the FTC must consider the benefits to the citizens which result from the law that authorizes or prescribes the practice in question.

United States · United States Congress

An amendment to add a new section providing for certification of compliance with financial responsibility. The amendment applies interim status to facilities used for land disposal of hazardous waste if the owner or operator filed with the Administrator prior to 11/8/85.

United States · United States Congress

An amendment to require the Secretary of Commerce to speed up the process for seeking bilateral consultations between the U.S. and its trading partners on specific category limitations on textile products and to require a more expedited process for such consultations.

United States · United States Congress

An amendment to require that upon a Governor's rejection of a site for nuclear waste storage either House of Congress must agree with that rejection within 90 days or the plant may be built.

United States · United States Congress

A technical amendment to state that the definition of an unfair practice as one which causes substantial injury to consumers shall have no effect and shall not be taken into account in connection with any State law which prevents persons, partnerships, or corporations subject to the jurisdiction of the State from engaging in unfair acts or practices.

United States · United States Congress

A substitute amendment that reduces the authorization for the National Cancer Institute Research by 400 million dollars in FY '83 to approximately 500 million dollars; reduces funds for the National Heart, Lung, and Blood Institutes by 300 million dollars; authorizes the Health and Human Services Department to conduct a study on the use of animals in research; it eliminates provisions requiring NIH to establish procedures for investigating scientific misconduct in research and for NIH peer review, which establishes centers across the U.S. for research in disease prevention; study the future health care needs of the elderly; establishes a learning disability task force; increases research efforts for spinal cord regeneration; investigates reactions to the pertussis vaccine; studies the impact of commercialization of medical knowledge.

United States · United States Congress

Amendments en bloc to the change the language requiring collar labels to read such that the label must be on the "inside center of the neck midway between the shoulder seams". It also changes the "mail order catalogue and mail order promotional material" requirements so that they apply simply to "mail order promotional material". The amendments en bloc are to the Derrick amendment (HA1090).

United States · United States Congress

An amendment to substitute a new text for Title VI Energy and Commerce.

United States · United States Congress

A bill to provide credit under the Civil Service Retirement and Disability System for training in the Cadet Nurse Corps during World War II.

United States · United States Congress · 18 October 1986

Includes service in the Cadet Nurse Corps during World War II as creditable service for purposes of civil service retirement. Requires affected individuals to: (1) file an appropriate written application to the Office of Personnel Management within 14 months of enactment of this Act; (2) be currently subject to the civil service retirement system; and (3) make required deposits to the Civil Service Retirement and Disability Fund with respect to service in the Corps.

A joint resolution to commemorate the United Way of America on its centennial.

United States · United States Congress · 17 October 1986

Honors the United Way on the occasion of its 100th anniversary. Encourages the United Way to continue its fine work and achieve its goal of doubling its resources by 1991.

A resolution supporting the President's intention to include arms control, human rights and regional issues as priority items on the agenda at the pre-summit meeting in Reykjavik, Iceland, October 11-12.

United States · United States Congress · 8 October 1986

Declares that the Senate: (1) offers its support and best wishes to the President as he prepares for his meetings with General Secretary Gorbachev in Reykjavik; and (2) endorses and specifically encourages the President to pursue the major issues relating to arms control, Soviet recognition of international human rights, and the removal of soviet combat forces from Afghanistan.

Prescription Drug Marketing Act of 1986

United States · United States Congress · 24 September 1986

Prescription Drug Marketing Act of 1986 - Amends the Federal Food, Drug, and Cosmetic Act to permit only the U.S. manufacturer of a drug to reimport such drug into the United States. Prohibits the sale of prescription drug samples. Permits the distribution of samples only to practitioners licensed to prescribe such drugs. Requires such practitioners to return a receipt for such drug samples to the manufacturers to be kept and made available to Federal and State officials. Requires drug wholesalers to provide drug purchasers with a statement identifying the manufacturer and each sale of the drug. Directs the Secretary of Health and Human Services to issue licensing standards for drug wholesalers.

Large Electrical Equipment Trade and Access Act of 1986

United States · United States Congress · 23 September 1986

Large Electrical Equipment Trade and Access Act of 1986 - Requires the President, within three months of enactment of this Act, to initiate market access negotiations with the government of each foreign country in which large electrical equipment is manufactured. Exempts a country from such negotiation requirement if: (1) the President determines that there is no credible evidence that U.S. manufacturers of large electrical equipment have been denied in that country market opportunities which are substantially equivalent to the market opportunities available in the United States for such equipment from that country; and (2) a sale of one or more kinds of certain large U.S. manufactured electrical equipment was made in such country during the three years preceding enactment of this Act. Defines large electrical equipment as large transformers, generators, and steam turbines. Declares that the goal of such negotiations is the attainment of fully competitive market opportunities for U.S. manufacturers of large electrical equipment. Requires the President to report to the Congress on such negotiations every two years. Amends the Tariff Act of 1930 to provide that in antidumping actions relating to such electrical equipment the requirement of showing that sales at less than fair market value occurred is satisfied by showing that sales have been made in the United States of foreign manufactured large electrical equipment. Sets forth the method of determining the foreign market value of such equipment.

A bill for the relief of the Carolinas Cotton Growers Association, Inc.

United States · United States Congress · 23 September 1986

Makes the United States liable to a named agricultural cooperative association for injury resulting from the grading of the 1980 cotton crop by the Department of Agriculture in the same manner and to the same extent as a private individual would be liable. Confers exclusive jurisdiction upon the United States Claims Court of any claim of such association against the United States arising from such injury.

Drug Enforcement Act of 1986

United States · United States Congress · 23 September 1986

Drug Enforcement Act of 1986 - Title I: White House Initiative Against Drugs - Subtitle A: Drug-Free Federal Workplace Act of 1986 - Drug-Free Federal Workplace Act of 1986 - Amends the Rehabilitation Act of 1973 to provide that any individual who is otherwise handicapped shall not be excluded from the protections of such Act because that individual uses illegal drugs. Permits certain personnel actions based on an employee's, or applicant's, use of controlled substances. Requires the Director of the Office of Personnel Management to establish a Government-wide education program designed to provide information to federal employees with respect to: (1) the health hazards associated with alcohol and drug abuse; (2) the symptoms of alcohol and drug abuse; (3) the availability of prevention, treatment, or rehabilitation services relating to alcohol and drug abuse; and (4) penalties for alcohol and drug use by Federal employees. Subtitle B: Drug-Free Schools Act of 1986 - Drug-Free Schools Act of 1986 (the Zero-Tolerance Act) - Authorizes appropriations for FY 1987 through 1990 for: (1) allotments to States for drug and alcohol abuse prevention and education activities directed toward students in elementary, secondary, and postsecondary schools; (2) grants to local governments and other public and nonprofit private entities for drug and alcohol prevention, intervention, rehabilitation, education, and training programs; (3) the development and distribution of education materials; (4) education and primary prevention programs for high risk youth; (5) the procurement and development of curricula; and (6) activities to increase drug and alcohol abuse education and prevention efforts targeted at children in kindergarten through the twelfth grade. Specifies the method of distributing such funds. Sets forth the State application requirements. Directs the Secretary of Health and Human Services to carry out national programs designed to achieve a drug-free learning environment in elementary and secondary schools. States that it shall not be unlawful under Federal statute or regulation for any educational institution to: (1) require, as a condition of admission or continued enrollment, that students refrain from the use of illegal drugs; (2) conduct drug testing of its students and applicants; (3) refuse enrollment to applicants who use illegal drugs; or (4) take disciplinary action against students who use illegal drugs. Allows the Secretary to withhold allotment payments from any State which prohibits drug testing of students by schools. Subtitle C: Substance Abuse Services - Substance Abuse Services Amendments of 1986 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for alcohol and drug abuse and mental health services block grants. Requires the Secretary to reserve a specified portion of such appropriations for grants to States with demonstrated need for funds to conduct substance abuse treatment programs. Eliminates certain block grant earmarks. Allows the Secretary to withhold State allotments under such title where the possession or distribution of a drug, which is illegal under the Controlled Substances Act, is legal under such States laws. Directs the Secretary to appoint an advisory council for the National Institute on Alcohol Abuse and Alcoholism, for the National Institute on Drug Abuse, and for the National Institute of Mental Health to make recommendations to the Secretary and the Director of the national research institute for which it was appointed. Grants the Secretary certain additional powers during public health emergencies. Requires the Secretary to report annually to specified congressional committees on actions taken during such emergencies. Authorizes appropriations for FY 1987 for: (1) alcohol abuse and alcoholism research; and (2) drug abuse research. Provides an exception to the confidentiality requirement regarding alcohol and drug abuse records for incidents of suspected child abuse and neglect. Requires the Secretary to transmit triennial reports to the Congress on the causes and means of preventing teenage suicide. Directs the Secretary to prepare public service announcements on the dangers resulting from cigarette smoking by women. Authorizes appropriations through FY 1989. Directs the Secretary to: (1) prepare and transmit to the Congress a report which sets forth a comprehensive national plan to combat drug abuse; (2) establish a clearinghouse for alcohol and drug abuse information; and (3) conduct a study on alkyl nitrates and recommend whether they should be treated as a drug under the Food, Drug, and Cosmetic Act. Subtitle D: Drug Interdiction and International Cooperation - Part I: Mansfield Amendment - Amends the Foreign Assistance Act of 1961 to permit any U.S. officer or employee to assist foreign law enforcement officers in making arrests or to take direct action in an arrest action in a foreign country to protect the life or safety of U.S. or foreign officers or the public. Part II: Narcotics Traffickers Deportation Act - Amends the Immigration and Nationality Act to provide for the exclusion or deportation of any alien for possession or use of certain controlled substances. Part III: Customs Enforcement - Customs Enforcement Act of 1986 - Subpart A: Tariff Act Amendments - Requires the master of any vessel arriving at any U.S. or Virgin Island port to report such arrival at the nearest customs facility if such vessel is: (1) from a foreign port or place; (2) a foreign vessel from a domestic port; or (3) a U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made. Requires vehicles arriving in the United States to enter only at designated border crossing points. Requires the person in charge of such a vehicle to report the arrival of such vehicle, and present the vehicle and all persons and merchandise on board for inspection to the customs officer. Requires the pilot of any aircraft arriving in the United States from any foreign airport or place to comply with the advance notification, arrival reporting, and landing requirements prescribed by the Secretary of Transportation. Imposes penalties for violations of the arrival, reporting, or entry requirements. Increases the fine for the unauthorized unloading of passengers. Sets forth reporting requirements for individuals arriving in the United States. Prohibits the departure of such individuals until authorized by a customs official. Imposes penalties for violations of such reporting requirements. Repeals the current penalties for failure to report or file a manifest upon arrival in the United States. Authorizes the issuance of summonses for records pertaining to merchandise the importation of which into the United States is prohibited. Increases the penalties for: (1) filing a false manifest; (2) failing to file a complete manifest; or (3) carrying illegal drugs. Repeals the prepenalty procedures in such cases. Increases the penalties for illegal unloading and transshipment. Makes aviation smuggling unlawful. Prohibits the at sea transfer of controlled substances between U.S. owned aircraft and vessels. Prohibits the at sea transfer of prohibited merchandise between aircraft and vessels, regardless of the nationality of either, where the intent is to smuggle the merchandise into the United States. Imposes penalties, including seizure of the aircraft or vessel, for violations of such anti-smuggling provisions. Specifies certain acts that, if engaged in within 250 miles of the U.S. territorial seas, shall be: (1) presumed to indicate intent to smuggle; and (2) deemed prima facia evidence that the aircraft or vessel was used in aiding or facilitating such smuggling. Changes the procedures for the seizure and forfeiture of conveyances used in smuggling to require that a common carrier be seized and forfeited under certain circumstances. Authorizes the issuance of search warrants for places suspected of containing: (1) merchandise brought into the United States unlawfully; (2) property which is subject to forfeiture under the customs laws; or (3) articles which are evidence of a customs violation. Authorizes the seizure and forfeiture of smuggled merchandise. Requires that any deposit made in lieu of forfeiture of property seized under customs laws be treated in the same manner as the proceeds of a sale of any forfeited item. Provides that the expenses of a forfeiture proceeding shall be a priority claim in the same manner as court costs. Provides that compensation for informers shall not exceed 25 percent of the amount recovered. (Current law requires such compensation to equal 25 percent of such amount.) Authorizes the Secretary to require the production of foreign landing certificates to comply with international obligations. Permits the Secretary to authorize customs officials to exchange information or documents with foreign customs or law enforcement agencies under certain circumstances. Allows the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries to examine persons or merchandise prior to their arrival in the United States. Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Permits the stationing of foreign customs officers in the United States (if similar privileges are extended to the United States). Establishes penalties for making fraudulent statements to such foreign officials. Grants the Commissioner of Customs authority to conduct commercial cover operations. Subpart B: Miscellaneous Provisions - Subjects recreational vessels to applicable customs regulations. Allows any customs official needing assistance in making an arrest, search, or seizure, to demand such assistance from any person. Subjects any person who refuses such assistance without reasonable excuse to criminal penalties. Exempts any person who renders such assistance from liability for civil damages. Subpart C: Amendments to the Controlled Substances Import and Export Act - Makes it unlawful for any United States citizen on board any aircraft, or any person on board any aircraft owned by a U.S. citizen or registered in the United States, to manufacture or distribute a controlled substance or possess a controlled substance with intent to distribute. Subpart D: Amendments to the Criminal Code - Amends the Federal criminal code to establish criminal penalties for: (1) operating an aircraft without proper navigation and/or anticollision lights; (2) installing illegal fuel tanks or fuel systems aboard an aircraft except according to regulations; or (3) operating an aircraft with such a fuel tank or fuel system installation, except in accordance with regulations. Subpart E: Denial of Trade Benefits to Uncooperative Drug Source Nations - Narcotics Control Trade Act - Directs the President to designate a country an uncooperative drug source nation if during any fiscal year beginning after September 30, 1986, such country: (1) was a source of any illicit narcotic and psychotropic drugs or other controlled substances that are significantly affecting the United States; and (2) did not cooperate with the United States in preventing such drugs and substances from affecting the United States by taking specified actions. Directs the President to report to the Congress the name of each such country. Denies the products of each such country most-favored-nation treatment until the President notifies the Congress that such country has made significant progress and will continue to make progress in remedying those policies on which an uncooperative drug source nation designation was based. Part IV: Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Makes it unlawful for any person on board a vessel of the United States, or on board a vessel subject to the jurisdiction of the United States, to manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance. Subjects any property used to commit such unlawful acts to seizure and forfeiture. Subtitle E: Anti-Drug Enforcement - Part I: Drug Penalties Enhancement Act of 1986 - Drug Penalties Enhancement Act of 1986 - Amends the Controlled Substances Act to modify the threshold quantity and kinds of controlled substances which trigger enhanced penalties. Establishes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence to 20 years imprisonment and a fine of up to $2,000,000 (life imprisonment and $4,000,000 for subsequent offenses) for such violations. Provides a fine of up to $5,000,000 ($10,000,000 for subsequent offenses) for violations involving a person other than an individual (organization). Provides a mandatory minimum sentence of 20 years imprisonment (life imprisonment for subsequent offenses) if a death results from the use of such substances. Provides for the imposition of a special parole term of at least four years (at least eight years for subsequent offenses) in addition to the prison term for such offenses. Increases the fines for certain Controlled Substances Act violations. Grants the court authority to impose a sentence below the statutory minimum, upon motion of the Government, to reflect a defendant's assistance in the investigation or prosecution of another. Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate special parole terms for violations of such Acts. Part II: Drug Possession Penalty Act of 1986 - Drug Possession Penalty Act of 1986 - Amends the Controlled Substances Act to impose criminal penalties for illegal possession of a controlled substance. Part III: Death Penalty and Continuing Drug Enterprise - Subpart A: Death Penalty - Amends the Federal criminal code to establish procedures to be followed for the imposition of the death penalty. Sets forth mitigating and aggravating factors to be considered in determining whether a sentence of death is justified. Requires a special hearing to determine whether a sentence of death is justified. Allows the defendant to appeal a sentence of death to the court of appeals for review. Limits the imposition of the death sentence for treason. Modifies the criminal penalties for specified criminal offenses. Provides for the imposition of the death penalty for: (1) murder by a Federal prisoner; or (2) murder during the course of a continuing criminal enterprise offense. Subpart B: Continuing Drug Enterprise Act of 1986 - Continuing Drug Enterprise Act of 1986 - Amends the Controlled Substances Act to increase the criminal penalties for continuing criminal enterprise activities. Part IV: Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 - Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 - Amends the Controlled Substances Import and Export Act to modify the quantity and kinds of controlled substances which trigger enhanced penalties. Imposes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence to 40 years imprisonment and a fine of up to $2,000,000 (life imprisonment and a fine of up to $4,000,000 for subsequent offenses) for such violations. Provides a mandatory minimum sentence of 20 years imprisonment (life imprisonment for subsequent offenses) if a death results from the use of such substances. Provides a fine of up to $5,000,000 (up to $10,000,000 for subsequent offenses) for violations involving a person other than an individual (organization). Provides for the imposition of a special parole term of at least four years (at least eight for subsequent violations) in addition to the prison term for such violations. Increases the penalties for certain Controlled Substances Import and Export Act violations. Part V: Juvenile Drug Trafficking Act of 1986 - Juvenile Drug Trafficking Act of 1986 - Establishes enhanced penalties for employing persons under 21 years of age to manufacture or distribute a controlled substance. Establishes enhanced penalties for: (1) the manufacture of a controlled substance in or near an elementary or secondary school (current law establishes such enhanced penalties only for the distribution of a controlled substance in or near such schools); and (2) the manufacture or distribution of a controlled substance in or near a college. Part VI: Chemical Diversion and Trafficking Act of 1986 - Chemical Diversion and Trafficking Act of 1986 - Sets forth certain recordkeeping requirements for distributors, importers, and exporters of precursor and essential chemicals. Makes it illegal to distribute, import, export, or purchase such chemicals for unlawful purposes. Part VII: Asset Forfeiture Amendments Act of 1986 - Asset Forfeiture Amendments Act of 1986 - Permits the use of funds in the Department of Justice Assets Forfeiture Fund for necessary program related expenses and for equipping any vessels, vehicles, and aircraft available for official use by Federal Bureau of Investigation and the U.S. Marshals Service. Authorizes appropriations for such Fund through FY 1991. Requires the forfeiture of substitute assets where, as a result of an act or ommission of the defendant, property subject to forfeiture as a result of certain crimes: (1) cannot be located; (2) has been transferred to a third party; (3) has been placed beyond the jurisdiction of the courts; (4) has been diminished in value; or (5) has been commingled with other property. Part VIII: Exclusionary Rule Limitation Act of 1986 - Exclusionary Rule Limitation Act of 1986 - Provides a good faith exception to the exclusionary rule. Provides a general limitation of the exclusionary rule unless specifically provided by statute or rule of procedure. Subtitle F: Public Awareness and Private Sector Initiatives Act of 1986 - Public Awareness and Private Sector Initiatives Act of 1986 - Allows the head of an agency to procure property or services without using competitive procedures if: (1) such property or services are to be used for a public education program to publicize the dangers of illegal drug use; (2) at least 50 percent of the value of the property or services is donated; and (3) the agency procures such property or services within two years of enactment of this Act. Title II: Pending Senate Initiatives Against Drugs - Subtitle A: Federal Drug Law Enforcement Agent Protection Act of 1986 - Federal Drug Law Enforcement Agent Protection Act of 1986 - Amends the Controlled Substances Act to authorize awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kidnaps or kills a Federal drug law enforcement agent. Provides that the money for such rewards be taken from the forfeiture proceeds within the Department of Justice. Subtitle B: Common Carrier Operation Under the Influence of Alcohol or Drugs - Provides criminal penalties for operating a common carrier while under the influence of alcohol or drugs. Subtitle C: Controlled Substances Technical Amendments - Makes technical amendments to the Controlled Substances Act. Subtitle D: Indian Juvenile Alcohol and Drug Abuse Prevention - Indian Youth Alcohol and Substance Abuse Prevention Act - Part I: Interdepartmental Agreement - Directs the Secretary of Health and Human Services to enter into an agreement with the Secretary of the Interior to coordinate specified efforts of the Bureau of Indian Affairs (Bureau) and the Indian Health Service relating to alcohol and drug abuse programs for Indian youth. Provides for the biennial review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires the Secretary of Health and Human Services, upon a tribe's request, to coordinate resources and services related to youth alcohol and drug abuse with any Indian tribe. Part II: Education - Requires Bureau schools and schools operated under any contract entered into with the Bureau to provide instruction on alcohol and drug abuse to students in kindergarten and grades one through 12. Requires the Secretary of Health and Human Services to publish, on a quarterly basis, an alcohol and drug abuse newsletter and to circulate it to specified Government agencies that provide such alcohol and drug abuse-related services to Indian people. Part III: Family and Social Services - Requires any initial training program for new community health representatives and community health aids funded under the Bureau to include not less than 40 hours of instruction in the area of alcohol and drug abuse, including instruction in crisis intervention, family relations, youth alcohol and drug abuse, and the causes and effects of fetal alcohol syndrome. Requires the Secretary of Health and Human Services to provide instruction in alcohol and drug abuse problems to specified schools, Indian Health Service personnel, and others. Part IV: Law Enforcement - Requires the Secretary of the Interior, in consultation with the U.S. Attorney General, to promulgate guidelines under which any tribal or Federal law enforcement officer shall place an Indian youth who has been arrested for an offense in which alcohol or drug abuse was a contributing factor in an emergency shelter, a community-based alcohol or drug abuse treatment facility, or any other medical or detention facility. Requires such guidelines to be made available to any State which exercises criminal jurisdiction over Indian country. Requires the Secretary of Health and Human Services, with the concurrence of the Secretary of Interior, to establish standards for the licensing of temporary emergency shelters to house Indian youths who have been arrested for offenses related to alcohol or drug abuse. Requires the Bureau to prescribe standards by which such shelters shall become licensed. Increases the maximum sentence (from six months to one year) and the maximum fine (from $500 to $5,000) which a tribal court can impose for any offense. Directs the Secretary of the Interior to provide for the development of a Model Indian Juvenile Code. Allows the Secretary to charge any employee of the Department of the Interior with law enforcement responsibilities. Part V: Youth Alcohol and Drug Abuse Treatment and Rehabilitation - Requires the Secretary of Health and Human Services to include in the budget submitted to the Congress a detailed estimate of the cost of providing comprehensive alcohol and drug abuse treatment services to Indian juveniles (including detoxification and counseling services, and follow-up care in Indian Health Service facilities and in facilities operated under any contract entered into with the Indian Health Service). Requires the Secretary of Health and Human Services to complete a study to determine: (1) the size of the Indian population in need of residential alcohol and drug abuse treatment; (2) the location of facilities at which such treatment is available or could be made available; and (3) the cost of providing such treatment. Requires the Secretary of Health and Human Services, in consultation with Indian tribes, to identify and utilize existing facilities owned by the Government or an Indian tribe, or local community or private hospitals, for use as residential alcohol and drug abuse treatment centers for Indian youths. Part VI: Miscellaneous Provisions - Authorizes the Secretary to prescribe regulations necessary to carry out the provisions of this subtitle. Authorizes appropriations. Subtitle E: Controlled Substance Analogs' Enforcement Act of 1986 - Controlled Substance Analogs' Enforcement Act of 1986 - Amends the Controlled Substances Act to impose criminal penalties for the manufacture, possession with intent to distribute, or distribution of controlled substance analogs. Subtitle F: Department of Defense Drug Interdiction - Authorizes appropriations for FY 1987 for the Department of Defense for: (1) the procurement, refurbishment, or upgrading of aircraft, radar, and related systems; (2) the operation and maintenance of aircraft used in carrying out drug interdiction missions; and (3) enhanced intelligence collection activities concerning the illegal importation of drugs from South America. Directs the Secretary of Defense to make such aircraft, radar, and related equipment available to certain Federal agencies (who shall be responsible for their operation and maintenance). Allows the Secretaries of Defense and Transportation to assign specially trained members of the Coast Guard to naval vessels for drug enforcement purposes. Requires the National Drug Enforcement Policy Board to submit a report to specified congressional committees on the manner and extent to which the Department of Defense should be involved in United States law enforcement activities relating to the control and reduction of drug abuse. Requires the Secretary of Defense to submit a report to specified congressional committees on: (1) the extent to which youth enrolled in schools operated by the Department of Defense for dependent members of the armed forces are receiving drug and substance abuse education; (2) the types of drug education programs currently being provided in such schools; (3) whether additional drug education programs are needed in such schools; and (4) the extent to which preventive peer counseling classes should be used for such programs. Amends the Uniform Code of Military Justice to include driving under the influence of drugs as an offense. Subtitle G: Money Laundering Crimes Act of 1986 - Money Laundering Crimes Act of 1986 - Amends the Federal criminal code to establish money laundering as a Federal offense. Sets forth fines and penalties to be imposed on anyone who, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a transaction which in fact involves such proceeds: (1) with the intent to facilitate the carrying on of specified unlawful activity; or (2) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of such proceeds, or to avoid a transaction reporting requirement under State or Federal law. Sets forth fines and penalties to be imposed upon anyone who: (1) transports or attempts to transport a monetary instrument or funds from a place in the United States to or through a place outside the United States, or vice versa, with similar intent or knowledge; or (2) conducts or attempts to conduct a financial transaction that in whole or in part involves the proceeds of specified unlawful activities with intent to violate or facilitate the violation of certain provisions of the Internal Revenue Code. Provides, for each of such offenses, for a fine of not more than $250,000 or twice the value of the monetary instrument, whichever is greater, or imprisonment for not more than 20 years, or both. Imposes a civil penalty of the greater of the value of the funds or the monetary instrument involved or $10,000. Authorizes components of the Department of Justice, the Department of the Treasury, and the U.S. Postal Service to investigate such offenses, as appropriate. Establishes extraterritorial jurisdiction if certain conditions are met. Amends the Right to Financial Privacy Act of 1978 with respect to the permissible notification of the Federal Government by a financial institution that the institution has information which may be relevant to a possible violation of law or regulation. Restricts such information to the name or names and other identifying information concerning the individuals and accounts involved in and the nature of the suspected illegal activity. Preempts any State or local law which prohibits disclosure of such information. Precludes liability under any law for an institution for such a disclosure or for failing to notify the customer of such disclosure. Grants a district court authority to order the institution to delay notifying a customer of the existence of a grand jury subpoena of financial records or of information furnished to the grand jury. Authorizes the Secretary of the Treasury to: (1) subpoena witnesses; and (2) require the production of records of domestic financial institutions. Increases the civil penalties for violations of the Bank Secrecy Act's reporting rules. Provides in the case of a reporting violation for a maximum penalty of $1,000,000 and a minimum of $25,000. Imposes a civil penalty for the criminal violation of such rules, in the amount of the transaction or $25,000, whichever is greater, where the violation involves a transaction. Sets a civil penalty of the entire amount of an account (up to $250,000), or $25,000, whichever is greater, where the violation involves failure to report the existence of an account or any required identifying data pertaining to it. Imposes a civil penalty of not more than $500 in the case of a negligent violation. Authorizes the Secretary to assess a civil penalty within six years after the transaction on which the penalty is based. Permits the Secretary to bring a civil action to recover a civil penalty within two years after assessment. Lists money laundering as a predicate offense for purposes of the Racketeer Influenced and Corrupt Organizations (RICO) statute. Authorizes wiretapping for the investigation of money laundering. Amends the Federal Deposit Insurance Act to authorize the Secretary to prescribe recordkeeping regulations. Imposes penalties for violations of such regulations. Establishes civil and criminal forfeiture procedures for the offense of money laundering. Title III: New Initiatives Against Drugs - Subtitle A: White House Conference on Drug Abuse, Education, Prevention, and Treatment - White House Conference on Drug Abuse, Education, Prevention, and Treatment Act of 1986 - Directs the President to call a White House Conference on Drug Abuse, Education, Prevention, and Treatment to examine the drug abuse crisis. Requires the Conference to report its findings and recommendations to the President and the Congress. Authorizes appropriations. Subtitle B: Commerce - Part I: Railroad Safety - Directs the Secretary of Transportation to review existing rules, regulations, standards, and orders governing alcohol and drug use in railroad operations to determine whether they are adequate to ensure safety. Part II: Air Safety - Directs the Administrator of the Federal Aviation Administration to prescribe regulations establishing a program which requires air carriers to conduct pre-employment, random, and post-accident drug testing of airmen and crewmembers. Requires each air carrier to establish and maintain a rehabilitation program which provides for the identification and treatment of airmen and crewmembers who need assistance in resolving problems with controlled substances or alcohol. Amends the Federal Aviation Act of 1958 to impose criminal penalties (a fine of up to $25,000 and/or imprisonment for up to five years) for certain violations in connection with the air transportation of controlled substances. Requires any person having an ownership interest in an aircraft to report any transfer of ownership within 15 days. Part III: Communications - Requires the Federal Communications Commission to: (1) seize any communications equipment that was used for distributing a controlled substance; and (2) revoke the license of any person who used such license for the purpose of using or distributing a controlled substance. Part IV: Highway Safety - Subpart A: Commercial Motor Vehicle Safety Act of 1986 - Commercial Motor Vehicle Safety Act of 1986 - Requires the Secretary of Transportation (the Secretary) to promulgate regulations establishing minimum Federal standards for the licensing, testing, qualifications and classifications of commercial motor vehicle operators, and additional regulations for such operators who transport hazardous materials. Sets guidelines for such standards. Establishes guidelines for civil and criminal penalties to be imposed by the States for violations of such standards. Prohibits commercial motor vehicle operators from possessing more than one operator's license. Sets September 1, 1989, as the deadline by which each State must adopt and administer a classified licensing program which complies with the minimum Federal standards for commercial motor vehicle operators. Requires the States to notify the Secretary of the proposed and actual issuance of a commercial license in order to eliminate the multiple licensing of commercial motor vehicle operators. Restricts the issuance of commercial licenses to persons with acceptable safety records. Provides that States must require commercial operators to turn in other commercial licenses. Provides Federal grants to assist States which have programs for license issuance and administration that comply with the Federal guidelines established under this Act. Requires the Secretary to: (1) withhold highway funds and certain apportionments from States which are not in compliance with this Act as of September 30, 1990: and (2) establish by January 1, 1989, a commercial driver's license information clearinghouse allowing rapid communication among the States. Outlines the functions of such information system. Requires any prospective employer to consult such clearinghouse prior to employing a commercial motor vehicle operator in order to ascertain his or her status. Prohibits the employment of drivers whose licenses have been suspended, revoked or cancelled for cause. Requires the Secretary to establish fees for the use of such information system. Makes funds available for FY 1987 to establish such information system. Amends the Surface Transportation Assistance Act of 1982 to require States receiving grants under the Act to: (1) conduct frequent roadside inspections of commercial motor vehicles; (2) conduct tests to determine blood alcohol content levels of commercial motor vehicle operators; and (3) provide for license suspension or revocation for operators who either have certain blood alcohol content levels, or who refuse to submit to blood alcohol content tests. Authorizes the Secretary to provide funds to encourage the States to determine whether commercial motor vehicle operators are driving under the influence of a controlled substance. Increases authorizations for FY 1987 and 1988 for grants to assist States in the implementation of Federal commercial motor vehicle programs. Authorizes appropriations for FY 1989 and 1990 for such programs. Subpart B: Motor Vehicle Safety - Expresses the sense of the Senate that the States should enact laws and adopt procedures which provide for the administration of tests which measure the content of controlled substances in the blood of any motor vehicle operator and provide for suspension or revocation of the license of an operator who refuses to submit to such testing. Subtitle C: Harmful Inhalants - Amends the Federal criminal code to make the sale of harmful inhalants illegal. Subtitle D: Action Grants - Amends the Domestic Volunteer Act of 1973 to authorize grants (and other special initiatives) to increase voluntarism in preventing drug abuse. Authorizes appropriations for FY 1987 through 1989. Subtitle E: Habeas Corpus Reform - Reform of Federal Intervention in State Proceedings Act of 1985 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Subtitle F: Armed Career Criminals - Amends title VII (Unlawful Possession or Receipt of Firearms) of the Omnibus Crime Control and Safe Streets Act of 1968 to expand the firearms-related crimes for which persons with multiple convictions may receive increased penalties to include serious drug offenses and crimes of violence. (Previous law provided increased penalties for robbery and burglary only.) Subtitle G: Prohibition on the Interstate Sale and Transportation of Drug Paraphernalia - Mail Order Drug Paraphernalia Control Act - Makes it a Federal criminal offense for any person to use the U.S. Postal Service or any private parcel service in interstate commerce as part of a scheme to sell drug paraphernalia. Imposes a penalty of imprisonment for not more than three years and a fine of not more than $100,000. Provides for the seizure and forfeiture of any paraphernalia involved in violation of this Act. Subtitle H: International Narcotics Control - Part I: Interagency Coordinating Committee - Establishes an Inter-Agency Coordinating Committee for Drug-Related Intelligence Collection and Action to coordinate the drug related activities of the intelligence components of specified Federal departments and agencies. Requires the Director of Central Intelligence to report annually to specified congressional committees on such activities. Part II: Declaration; Policy - Declares that drugs are a national security problem and urges the President to explore the possibility of engaging the North Atlantic Treaty Organization (NATO), and other such organizations, in cooperative drug programs. Part III: Report - Requires the President to prepare an annual report for the Congress listing each country: (1) which encourages or facilitates the production or distribution of illegal drugs; (2) in which a member of a U.S. Government agency has suffered or been threatened with violence, inflicted by or with the complicity of an official of such country; or (3) which fails to provide reasonable cooperation with lawful activities of U.S. drug enforcement agents. Part IV: International Narcotics Control Act of 1986 - International Narcotics Control Act of 1986 - Subpart A: International Narcotics Control Assistance Program - Amends the Foreign Assistance Act of 1961 to increase the FY 1987 authorization for aid for international narcotics control. Permits certain additional funds to be appropriated for FY 1987 only if the President has submitted to the Congress: (1) a budget request for such funds; and (2) a plan showing how such funds will be used. Requires that a specified amount of FY 1987 military assistance authorization be available to provide aircraft to foreign countries for narcotics control eradication and interdiction efforts. States that such aircraft shall be available primarily for use in Latin America. Provides that any such aircraft made available to Mexico shall be provided only on a lease or loan basis. Earmarks a specified amount of the FY 1987 international narcotics control assistance for research, development, and testing of safe and effective herbicides for use in aerial eradication of coca. Requires the Comptroller General to investigate and report to the Congress on the effectiveness of the international narcotics control assistance program. Subpart B: Improving Law Enforcement and Other Narcotics Control Activities Abroad - Requires the President's annual report to the Congress on the international strategy to prevent cultivation and trafficking in narcotics to include a discussion of the extent to which each source country has cooperated with U.S. narcotics control efforts through the extradition or prosecution of drug traffickers and a description of the state of negotations on updated extradition treaties. Requires the executive branch to establish expeditiously the information sharing system that will list all drug arrests of foreign nationals in the United States as required by the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. Requires the executive branch to report to the Congress when the system is established. Requires the President to direct that an updated threat assessment of narcotics trafficking from Africa be prepared. Requires that a specified amount of the FY 1987 administration of justice program authorization be used to provide Colombia (and other countries in the region) assistance to protect judicial or other officials who are targets of narcoterrorist attacks. Allows the President to suspend foreign assistance to a country which has failed to take adequate steps to prevent money laundering and punish money launderers. Amends the International Security and Development Cooperation Act of 1985 to permit foreign assistance to Bolivia when certain conditions are met. Directs the President to report to specified congressional committees on a plan to do aerial and other surveys of major illicit drug producing countries. Requires the Secretary of the Treasury to instruct each U.S. Executive Director to multilateral development banks to vote against any loan for the benefit of any major illicit drug producing country. Subpart C: Drug Education Programs Abroad - Authorizes additional appropriations for the U.S. Information Agency for FY 1987 which shall be available only for increasing drug education programs abroad. Authorizes additional appropriations for development assistance programs for FY 1987 which shall be used for additional activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries. Requires the Director of the U.S. Information Agency and the Director of the Agency for International Development to include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies. Subtitle J: Anti-Drug Trust Fund - Amends the Internal Revenue Code of 1954 to allow any individual to designate any amount of tax overpayment and to make contributions to the Anti-Drug Trust Fund. Establishes the Anti-Drug Trust Fund. Subtitle K: Freedom of Information Act - Amends the Freedom of Information Act to provide certain Freedom of Information request exceptions for specified law enforcement records and information. Subtitle L: National Forest System Drug Control - Grants officers and employees of the Forest Service of the Department of Agriculture authority to conduct investigations and make arrests for violations relating to the National Forest System. Allows the Secretary of Agriculture to grant such officers and employees certain law enforcement powers (including the right to carry firearms). Amends the Controlled Substances Act to impose criminal penalties for: (1) possessing a firearm while manufacturing a controlled substance on Federal property; and (2) placing a boobytrap on Federal property where a controlled substance is being manufactured. Authorizes appropriations. Subtitle M: Authorization of Appropriations for Drug Law Enforcement - Authorizes additional appropriations for FY 1987 for the Department of Justice for: (1) the Drug Enforcement Administration (including an All Source Intelligence Center); (2) the Federal Prison System; (3) Defender Services; (4) fees and expenses of jurors and commissioners; and (5) the Office of Justice Assistance. Subtitle N: Controlled Substances Production Control - Amends the Food Security Act of 1985 to make any person convicted of planting, storing, harvesting, or growing a controlled substance ineligible for price supports or other program benefits for ten (rather than five) years. Directs the Secretary to pay a reward for information leading to the conviction of any person who receives such supports or benefits and is subsequently determined to be ineligible for such supports or benefits. Subtitle O: State and Local Narcotics Control Assistance - State and Local Law Enforcement Assistance Act of 1986 - Authorizes the Attorney General to make grants to State and local law enforcement agencies for narcotics assistance. Subtitle P: Study on the Use of Existing Federal Buildings as Prisons - Directs the Administrator of General Services and the Secretary of Defense to conduct a study to identify any Federal building which could be used as a prison by the Federal Bureau of Prisons. Requires the Administrator and the Secretary to transmit the results of such study to the President and the Congress. Subtitle Q: Drug Law Enforcement Cooperation Study - Directs the National Drug Enforcement Policy Board to study Federal drug law enforcement efforts and make recommendations regarding: (1) improving the Nation's drug interdiction program; and (2) ways to maximize coordination and cooperation among Federal, State, and local drug enforcement agencies, and between the several Federal agencies involved with drug interdiction. Subtitle R: Drug Interdiction - Permits the use of Department of Defense personnel outside of the United States in drug interdiction activities. Authorizes appropriations for FY 1987 for the Customs Service, the Attorney General, the Coast Guard, and other agencies for drug interdiction activities along the southern border of the United States. Subtitle S: Arrest Authority for INS Officers - Amends the Immigration and Nationality Act to grant Immigration and Nationality Service (INS) officers general arrest authority (including the right to carry a firearm). Subtitle T: Improved Drug Crime Reporting - Requires the Bureau of Justice statistics to compile and publish comprehensive data on drug trafficking and abuse. Authorizes appropriations for FY 1987.

Superfund Amendments and Reauthorization Act of 1986

United States · United States Congress · 19 September 1986

Superfund Amendments and Reauthorization Act of 1986 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate final reportable quantity regulations for specified hazardous substances by December 31, 1986, or by April 30, 1988. Permits the President to authorize a responsible party to carry out a response action and to conduct a remedial investigation or feasibility study (RI/FS) if certain conditions are met. Requires the President to give priority to releases which may present a public health threat. Requires removal actions to contribute to the efficient performance of any long-term remedial action with respect to the release concerned, to the extent practicable. Prohibits the President from providing removal or remedial actions for releases or threatened releases which are: (1) the product of naturally occurring processes; (2) are in a facility of which such substance forms a structural part; or (3) are due to a water system's expected deterioration. Permits the President to respond despite such prohibition if a public health or environmental emergency exists and no other authority can respond in a timely and competent fashion. Directs the President to notify Federal and State natural resource trustees of potential damage to their resources and to coordinate efforts. Increases the time and dollar limits on initial response actions to 12 months and $2,000,000. Limits the 50 percent or greater State cleanup obligation for the release of hazardous substances at State- or municipally-owned facilities to those facilities which are also operated by such State or municipality. Credits States with expenditures made at National Priorities List (NPL) sites on cost-eligible response actions. Revises other State cost-sharing measures. Provides for reimbursement to States for 90 percent of cleanup costs at State- or municipally-owned, but not operated facilities. Treats long-term cleanup of groundwater or surface water as part of the costs of remedial action for ten years. Authorizes the President to perform limited interim remedial actions where complete remedial action requires recontracting because of additional environmental information. Requires States to assure the availability of hazardous waste disposal facilities sufficient for the next 20 year's wastes. Permits the President to enter into cooperative agreements with State political subdivisions, or Indian tribes for hazardous waste cleanup on a multisite basis with reimbursement of costs associated with securing site responses from responsible parties. Grants EPA employees or contractors the necessary access to facilities and information to determine if the need for a response action exists. Permits the withholding of information on a very limited basis. Authorizes the President to acquire property if necessary for a remedial action. Requires the President to revise the National Contingency Plan within 18 months to reflect this Act's amendments. Requires the President to amend the Hazard Ranking System within 18 months to accurately assess the relative degree of risk to human health and environment posed by sites and facilities subject to review. Permits individuals to petition the President for a preliminary site hazard assessment. Includes contamination of the air and damage to the human food chain as criteria for ranking a hazard. Requires the Administrator to consider using qualified minority firms for contracts under this Act. Requires the President to consider adding to the NPL facilities where special study wastes are present in significant quantities, as specified. Authorizes reimbursement of potentially responsible parties for response costs, as specified. Includes all vessels releasing hazardous substances within the jurisdiction of the United States under the liability provisions of CERCLA. Makes certain health assessment costs recoverable from the responsible party. Exempts from liability for all but negligent actions government agencies responding to a hazardous substance emergency. Directs the President and each Governor to appoint Federal and State trustees, respectively, for natural resources, creating a rebuttable presumption that their assessment of damages to such resources is valid. States that cleanup costs incurred in a response action constitute a Federal lien against the property of a responsible party, except as specified. Sets forth evidentiary requirements for establishing financial responsibility. Permits direct action against a financial guarantor if the person liable is financially or physically unavailable for redress. Entitles such a guarantor to all rights and defenses available to the liable party. Limits the liability of such guarantor to its financial responsibility to the responsible party. Increases criminal penalties and adds certain civil penalties for violations of this Act, including failure to provide accurate information at specified times. Authorizes a reward for information leading to a criminal conviction under this Act. Directs the Administrators of the Agency for Toxic Substances and Disease Registry (ATSDR) and EPA to prepare and update a list of hazardous substances which present the most significant potential threat to human health because of their pervasiveness or toxicity. Requires the Administrator of ATSDR to also develop toxicological profiles for each substance, assessing the current state of knowledge of their deleterious effects, and revising such profiles at least every three years. Requires the Administrator to initiate research where inadequate information on a substance is available. Requires Federal coordination of research efforts. Expresses the sense of the Congress that such research costs be borne by the substance's manufacturer or processor. Requires the Administrator to promulgate regulations within one year to implement such payments. Requires the Administrator of ATSDR to perform a health assessment for each NPL facility. Permits the Administrator of ATSDR to conduct health assessments at other facilities as well. Authorizes individuals to petition the Administrator for a health assessment of a site where evidence of human exposure to hazardous substances exists. Requires the completion of health assessments before the completion of remedial investigation and feasibility studies (RI/FS) whenever possible. Grants priority to those sites where the potential risk to human health appears highest. Requires State or local officials conducting a health assessment to report the results and recommendations to the Administrators. Requires the Administrator of ATSDR to provide the affected State and the Administrator of EPA with the results and recommendations of any ATSDR assessment. Directs the Administrator of ATSDR to conduct a pilot study of health effects of exposure whenever justified by an assessment to determine if full scale epidemiological studies are appropriate. Requires the Administrator to establish a registry of exposted persons if appropriate. Directs the Administrator to initiate a health surveillance program for an exposed population if justified by an epidemiological study or exposure registry. Requires the Administrator to report biennially to the Administrator of EPA and the Congress on ATSDR's activities under this Act. Directs the President to abate significant risks to the human population through exposure by providing alternate household water or relocation of individuals, or through other means. Requires peer review of all ATSDR studies and research. Requires the Administrator of ATSDR to provide States and health professionals with educational materials on exposure-related issues. Authorizes appropriations of $8,500,000,000 for the Hazardous Substance Superfund (Superfund) for five years. Authorizes the use of such funds for the treatment of lead-contaminated soil and technical assistance grants to groups affected by releases from NPL facilities. Limits the payment of natural resource claims from Superfund to those who have exhausted all other remedies. Permits the payment out of Superfund of: (1) evaluation of health assessment petition costs; (2) oversight costs where a responsible party is conducting a RI/FS; (3) land acquisition costs where necessary for a response action; (4) research and development costs; (5) reimbursement of local governments; (6) worker training and education grants; (7) rewards; and (8) lead poisoning in children study costs. Prohibits the paying of natural resource claims in any year in which the President determines all of Superfund is needed for responses to threats to public health. Permits the use of Superfund to pay for alternate water supplies in cases involving federally-owned facilities where groundwater contamination exists beyond the Federal boundary and such facility is not the only potentially responsible party. Requires the Inspector General of each Federal agency carrying out Superfund authorities to conduct an annual audit of how such monies were obligated and report to the Congress the results of such audit. Earmarks funds for ASTDR. Limits funds to be spent on research. Requires the President to notify State and local officials when a site is placed on the NPL, thereby limiting the payment of claims. Authorizes appropriations of $212,500,000 for each of FY 1987 through 1991. Prohibits claims against Superfund while a claimant has a cost recovery action pending in the courts. Sets forth claims procedures. Establishes a six-year statute of limitations for cost recovery claims against Superfund with special rules for minors and incompetents. Establishes a three-year statute of limitations for recovery of natural resource damages. Prohibits double recovery. Provides for nationwide service of process under this Act. Permits actions for contribution within three years of a claim's payment. Permits a court to allocate response costs. States that a person who has resolved his or her liability with the United States or a State shall not be liable for claims for contribution. Establishes a three-year statute of limitations for actions for natural resource damages. Establishes a three-year statute of limitations for cost recovery for removal actions unless a waiver for continued response action has been issued when the statute of limitations would extend to six years. Establishes a remedial action statute of limitation of six years, except as specified. Prohibits actions for contribution, actions based upon subrogation of rights, after three years, or actions to recover indemnification payments. States that there is no preenforcement judicial review of selected response actions. Limits review of the adequacy of a federally-selected response action to the administrative record. Excludes from liability under Superfund (but not under the Solid Waste Disposal Act) any service station dealer who collects and appropriately manages for recycling oil unmixed with other hazardous substances which later is released. Directs the President, to the maximum extent practicable, to complete preliminary assessments of all facilities on the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) by January 1, 1988, and for other designated facilities by January 1, 1989. Requires evaluations to be conducted within four years of enactment if warranted by the preliminary assessment. Requires the President to publish an explanation if such goals are not achieved. Establishes a schedule for the commencement of RI/FS over the five years after enactment, the first 275 required to be commenced within three years. Requires an opportunity for public participation before the adoption of a plan for remedial action. Requires explanations of deviations from such plan. Authorizes the President to provide grants for technical assistance to groups who may be affected by a release from an NPL facility. Requires the President to give priority where a release has contaminated a principal drinking water supply or closed a well. Requires the Administrator to make a grant to New Jersey for the removal and storage of radon-contaminated soil. Prohibts any person from locating a landfill or placing solid waste in a landfill over the Unconsolidated Quaternary Aquifer, New Jersey. Directs the Comptroller General to study the problem of shortages of skilled personnel in EPA to carry out response actions. Requires the Comptroller to report to the Congress by July 1, 1987. Limits the applicability of State and local requirements for a release or threatened release at the McColl Site, Fullerton, California. Directs the Administrator of ATSDR to report to the appropriate congressional committees on the nature and extent of lead poisoning in children from environmental sources. Exempts the owners/operators of the Milltown Dam, Montana, from otherwise applicable requirements for hazardous substances in the reservoir. Includes permanent relocation costs and other related costs within removal costs at Times Beach, Missouri sites, as specified. Permits the temporary waiver of specified permit requirements under the Solid Waste Disposal Act for mobile incinerator units in Illinois involved in remedial activity. Directs the Administrator to study the use of trucks used for the transportation of both hazardous and non-hazardous materials. Requires the Administrator to report to the Congress within one year on the location, levels, and mitigation of radon and radon daughters. Directs the Administrator to conduct and report annually to the Congress on a radon mitigation demonstration program. Directs the Administrator to establish a hazardous substance research, development, and demonstration center in Jefferson County, Texas, to conduct research for more effective hazardous substance response and waste management throughout the Gulf Coast. Authorizes appropriations. Expresses the sense of the Congress that the President may use alternative and innovative methods in selecting a response action for NPL facilities. Directs the Secretary of Energy to carry out a testing of technologies program at the Liquefied Gaseous Fuels Spill Test Facility for responses to liquefied gaseous and other hazardous substance spills. Requires the Secretary to carry out a technology transfer program under this program. Directs the Secretary to contract with a nonprofit organization in Albany County, Wyoming, for technical support. Directs the Administrator to establish a hazardous substance research, development, and demonstration center in the Pacific Northwest, utilizing nonprofit entities. Authorizes the Administrator and the Secretary to enter into interagency agreements to provide research into alternative and innovative technologies for assessing the hazardous waste contamination at the Hanford site, Washington. Removes the Silver Creek Tailing site, Utah, from the NPL unless certain findings are made. Exempts response-action contractors from liability for nonnegligent cleanup activities if they would not otherwise have been liable, including State employees who assist such contractors in their official capacity. Permits the President to indemnify response action contractors for negligence, as specified. Includes Federal facilities under CERCLA as if they were private facilities, except for certain financial responsibility and time period provisions. Applies the relevant State law when a Federal facility is not on the NPL. Requires the Administrator to establish a Federal Agency Hazardous Waste Compliance Docket for each Federal agency and department which will include information on off-site contamination and monitoring data, and releases of reportable quantities of hazardous substances. Requires that such information be made available to the public. Requires the Administrator to evaluate all Federal facilities on the Docket by January 17, 1988, for placement on the NPL, using NCP criteria. Requires the commencement of a RI/FS within six months of a Federal site's placement on the NPL. Directs the Administrator to review the RI/FS and enter into interagency agreements for cleanup when necessary, allowing for public participation. Requires each agency to report annually to the Congress on its implementation progress. Requires Federal agencies to notify buyers or transferees of Federal land where hazardous substances were disposed of or stored. Authorizes State and local participation in the planning and selection of a remedial action. Sets forth special rules to protect national security at defense facilities needing cleanup. Excludes specified Federal facilities from these requirements. Requires the President to select remedial actions which comply with this Act, the NCP, are cost-effective, and protect human health and the environment. Requires such actions to permanently and significantly decrease the toxicity, mobility, or volume of the hazardous substance pollutant, or contaminant to the degreee practicable. Permits the selection of alternative remedial action. Requires the review every five years of sites where the remedial action left hazardous substances, pollutants and contaminants at such sites to determine if human health and the environment are being protected. Requires such sites to comply with other applicable Federal environmental laws such as the Clean Water Act as it concerns groundwater. Restricts the use of any alternate concentration level process in selecting remedial action. Sets forth the relationship between State and Federal environmental standards. Requires removal or remedial actions which transport material to another facility to transfer such material only to facilities in compliance with the Solid Waste Disposal Act and applicable State requirements. Authorizes the President to select a remedial action that does not meet the appropriate legal standard as specified. Requires the President to publish the findings and reasons that led to such a selection before the remedial action is taken. States that no permits are required for onsite remedial actions. Requires the President to promulgate regulations for significant State involvement in the initiation, development, and selection of remedial actions within such State. Requires the President to give a State 30 days notice if a "substandard" remedial action is selected. Permits a State to intervene through the courts to require the action to meet the applicable standard after an examiniation of the evidence. Authorizes the President to enter into agreements whereby the releasor or any potentially responsible party conducts the remedial response. Permits the Administrator to fund part of such response. Limits the liability of the cleaning up party to that specified in the agreement. Permits the President to take action against any person not a party to such agreement. Enters such agreements in the appropriate U.S. district court as consent agreements, enforceable as such. Directs the President to notify potentially responsible parties of each other's identities and of the seriousness of the necessary cleanup, providing a moratorium on the commencement of remedial action for a specified period after such notice has been given. Grants notified persons an opportunity to submit a proposal to the President for the undertaking or financing of remedial action. Provides for a nonbinding, preliminary allocation of responsibility. Permits the President to commence remedial action if no good faith proposal is forthcoming within a specified period. Authorizes the President to proceed on remedial action where a significant public health threat exists regardless of the status of negotiations. Authorizes the President to agree to refrain from pursuing any future liability of a person if an approved response action would be expedited and the person is in full compliance with the consent decree and other conditions are met, as specified. Permits the President to settle with persons whose share of response costs is not substantial. Authorizes Federal agencies to settle certain claims not yet referred to the Department of Justice. Permits the use of arbitration, as specified. Sets forth settlement procedures. Requires natural resource trustees' agreement to covenants not to sue for damage to such resources, permitting agreement if the potentially responsible party agrees to protect and restore such resources. Authorizes the President to reimburse local communities for temporary emergency response measures. Provides a conditional exemption from liability under this Act for persons who own or operate methane-recovery equipment. Requires the President to revise the Hazard Ranking System as it applies to facilities that contain substantial volumes of wastes that relate to the combustion of coal or other fossil fuels. Prohibits the addition of facilities to the NPL on the basis of the volume of such waste until such revision is completed. Requires the Secretary of Labor to promulgate worker protection standards for government and nongovernment employees engaged in hazardous waste operations. Establishes liability limits for ocean incineration vessels under CERCLA. Directs the President to require additional evidence of financial responsibility for such vessels. Title II: Miscellaneous Provisions - Suspends the transfer of liabilities to the Post-Closure Liability Trust Fund until the Comptroller General studies and the Congress enacts legislation concerning options for the management of liabilities after closure. Requires hazardous substances listed under this Act to also be regulated under the Hazardous Materials Transportation Act within 30 days of enactment. Provides a Federal commencement date for State statutes of limitations which are applicable to harm which results from exposure to a hazardous substance. Renames the Hazardous Substance Response Trust Fund the Hazardous Substances Superfund. Amends the Solid Waste Disposal Act to authorize the Administrator to provide for the cleanup of leaking underground storage tanks. Requires States to inventory all underground storage tanks containing regulated substances. Requires the Administrator to use funds in the Leaking Underground Storage Tank Trust Fund for such purposes, but holds the owners and operators of such tanks strictly liable for such costs, requiring them to maintain evidence of financial responsibility, except as specified. Authorizes State implementation of such authority under specified conditions, authorizing the Administrator to make grants to such States for such purpose. Directs the Comptroller General to study and report to the Congress on the availability of pollution liability insurance for owners and operators of such tanks. Authorizes citizen suits against violators of this Act, including the President and other government officials who fail to perform nondiscretionary duties. Permits citizen suits against nongovernment officials in the Federal district court in which the violation occurred. Permits citizen suits against any Federal official only in the U.S. District Court for the District of Columbia. Empowers such courts to impose civil penalties and to order the performance of required Acts. Requires plaintiffs to give notice to the President, the alleged violator, and the State in which the violation occurred before commencing proceedings. Prohibits any citizen suit where the President has commenced and is pursuing an enforcement action. Permits the awarding of court costs to the substantially prevailing party. States that the United States may intervene as a matter of right in all citizen suits in which it is not otherwise a party. Requires the President to provide the assurances that it will pay the share of the remedial action and maintenance costs of a cleanup on Indian lands that is otherwise required to be paid by a State. Authorizes Indian tribes to recover damages for injury to natural resources from hazardous substance releases, except as specified. Includes Indian tribes on the same basis as States under certain provisions of CERCLA. Prohibits the relocation of tribal members because of site contamination without the Tribe's approval. Directs the President to study and report to the Congress on the extent of hazardous waste sites on Indian lands. Establishes a statute of limitations for Indian claims for environmental damages to their lands. Directs the Comptroller General to appoint a study group to determine the insurability of the liability of persons who generate hazardous substances, own or operate facilities liable for costs under CERCLA, or are liable for harm to persons or property caused by the release of such substances into the environment. Requires the delivery of such report to the Congress within 12 months. Establishes a comprehensive and coordinated Federal program of research, development, demonstration, and training to develop alternative and innovative treatment technologies for response actions under Superfund. Establishes a basic university research and education program within the Department of Health and Human Services and a research, demonstration, and training program within EPA. Establishes an advisory council. Adds title IV - Pollution Insurance, to CERCLA. Authorizes the formation of risk retention groups, corporations, or insurance companies to assume and spread the pollution liability of its group members. Sets forth the relationship of such groups to State laws, insurance laws, and securities laws. Directs the Secretary of Defense to carry out a program of environmental restoration on land under the Secretary's jurisdiction through response and remedial actions covered by CERCLA. Requires the Secretary to carry out a research, development and demonstration program with respect to hazardous wastes, in cooperation with the Administrator and an advisory council. Establishes in the Department of Defense a Defense Environmental Restoration Account for environmental restoration purposes. Requires the Secretary to notify the Secretary of Health and Human Services (HHS) of the most commonly found unregulated hazardous substances at defense facilities. Requires the Secretary of HHS to prepare toxicological profiles on such substances. Requires the Secretary of Defense to keep EPA offices and State environmental authorities apprised of Department environmental activities. Requires the Secretary to report to the Congress annually on such activities. Permits otherwise unauthorized military construction projects if necessary for a response action. Requires the Administrator to submit an annual progress report to the Congress on implementing this Act. Authorizes the Administrator to make grants to New York State for the acquisition of property in the Love Canal Emergency Declaration Area. Requires the Administrator to enter into a cooperative agreement with New York for the maintenance of such properties. Requires the Administrator to conduct or have conducted a habitability and land-use study. Title III: Emergency Planning and Community Right to Know - Emergency Planning and Community Right-to-Know Act of 1986 - Subtitle A: Emergency Planning and Notification - Directs each Governor to appoint an emergency response commission to supervise and coordinate local emergency planning committees appointed by the State commission to develop, and when necessary, implement, an emergency response plan for hazardous substance emergencies arising out of activities carried on within such district. Requires the Administrator to publish a list of extremely hazardous substances and threshold planning quantities for each substance. Includes under these requirements facilities where such substances are present in such threshold quantities. Permits the inclusion of other facilities after public notice and comment. Requires covered facility owners or operators to notify the State commissions that this Act applies to them and to revise and update such notification as their inventories change. Requires the State to then notify the Administrator. Requires plans to designate an emergency coordinator and each covered facility to identify a facility representative who will participate as a facility emergency coordinator. Requires such plans to also address procedures, methods, routes of transportation, available equipment and resources, and other elements necessary for a coordinated, planned emergency response. Requires State approval of such plans. Sets forth notification procedures, depending upon the nature of the substance. Authorizes existing Federal emergency training programs to provide training programs for government personnel in hazard mitigation, emergency preparedness, and other aspects of emergency training with response to hazardous chemical emergencies specifically in mind. Authorizes appropriations to the Federal Emergency Management Agency for FY 1987 through 1990 for such purpose. Requires the Administrator to review emergency detection systems and report to the Congress with recommendations. Subtitle B: Reporting Requirements - Requires owners or operators required to prepare a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970 (OSHA) to provide one to the local and State emergency committees and commissions as well as the appropriate fire department. Sets forth the required contents of such sheet and the treatment of mixtures. Requires that MSDS be made available to the public. Requires such owners or operators to also prepare, submit, and annually update an emergency and hazardous chemical inventory form containing two tiers of information relating to: (1) average inventories of categories (tier I) of substances; and (2) information on the amounts and storage of individual chemicals (tier II). Requires that tier II information to be made available to the public. Requires that covered owners or operators grant on-site access to fire officials. Requires such owners or operators to annually complete a toxic chemical release form detailing the use, manufacture, presence, and disposal of listed toxic chemicals during that year. Exempts certain small manufacturers from that requirement. Permits the Administrator to revise the list of chemicals as appropriate to protect human health. Sets forth a petition procedure for the amendment of such list. Sets toxic chemical threshold amounts for reporting purposes, decreasing the triggering amount with each year from July of 1988 through July of 1990. Requires the Administrator to publish a uniform toxic chemical release form for covered facilities. Requires that such forms be available to the public. Authorizes the Administrator to modify reporting frequency, as specified, but requires that the Congress be notified before such a modification takes place. Requires the Administrator to establish and maintain a computer data base of a national toxic chemical inventory based upon the data submitted. Requires the Comptroller General to report to the Congress by June 30, 1991, on the implementation of these requirements by the Administrator and States, including an evaluation of information use. Directs the Administrator to have a mass balance study performed and report to the Congress within five years on the value of mass balance analysis in determining the accuracy of toxic chemical release information. Requires the Administrator to collect such data from States which utilize this methodology. Subtitle C: General Provisions - States that State and local law are not preempted, except as specified, including the MSDS requirements. Permits owners or operators to withhold certain trade secret information (the specific chemical identity) if they meet applicable evidentiary tests, but requires that such information as well as other information be made available to health professionals, as necessary. Requires that the public be informed of the availability of the plans, information sheets, and notifications required by this Act. Sets forth the civil, administrative, and criminal penalties imposed for violations of these requirements. Authorizes citizen suits, permitting the United States and a State to intervene as a matter of right. Exempts transportation of chemicals from these requirements. Authorizes appropriations. Title IV: Radon Gas and Indoor Air Quality Research - Radon Gas and Indoor Air Quality Research Act of 1986 - Directs the Administrator to establish a radon gas and indoor air quality research program to gather information, coordinate research efforts, and assess Federal mitigation actions. Requires the Administrator to establish an advisory committee and group. Directs the Administrator to submit to the Congress an implementation plan for such program and to report to the Congress within two years on such program. Authorizes appropriations for FY 1987 through 1989.

A joint resolution designating November 12, 1986, as "Salute to School Volunteers Day".

United States · United States Congress · 8 September 1986

Designates November 12, 1986, as Salute to School Volunteers Day.

National Appliance Energy Conservation Act of 1986

United States · United States Congress · 15 August 1986

National Appliance Energy Conservation Act of 1986 - Amends the Energy Policy and Conservation Act to add to the list of products covered under the Act: (1) freezers which can be operated by alternating current electricity (with specified exceptions); (2) central air conditioning heat pumps; (3) direct heating equipment; and (4) pool heaters. Deletes from specific coverage: (1) television sets; (2) humidifiers; and (3) dehumidifiers. Excludes from such coverage consumer products designed solely for use in recreational vehicles and other mobile equipment. Authorizes the Secretary of Energy (the Secretary) to amend Federal energy efficiency test procedures for appliances under specified guidelines. Prohibits manufacturers from making any representations regarding the energy efficiency of appliances covered by this Act unless such appliances have been tested in accordance with the Federal test procedures, and the manufacturer's representations fairly disclose the results of such testing. Sets forth specific Federal energy conservation standards for products covered by this Act and manufactured after certain dates. Establishes deadlines by which the Secretary must issue rules regarding such standards. Details the criteria to be applied if such standards are revised. Revises the information requirements with which manufacturers must comply to provide that the Secretary shall exercise authority in a manner designed to minimize unnecessary burdens on manufacturers of covered products. Revises the rules under which State regulations are superseded by the Federal regulations for testing and labeling requirements and energy conservation standards. Permits the waiver of Federal preemption if the Secretary finds that such waiver is needed to meet compelling and unusual local energy conditions. Prescribes procedural guidelines for such a waiver. Details conditions under which State and local building code requirements regarding energy conservation standards are not superseded by the standards promulgated under this Act. Permits the commencement of a citizen's suit against the Secretary for failure to comply with a nondiscretionary duty to issue rules according to prescribed schedules. Directs the courts to expedite the disposition of such suits. Vests jurisdiction in the Federal district courts over actions brought by any adversely affected person to determine whether a State or local government is complying with the requirements of this Act. Declares that the required submission by the Secretary of an annual report regarding Federal energy efficiency standards does not constitute a defense or justification for a failure by such Secretary to comply with the nondiscretionary duty provided for in this Act.

A joint resolution to designate the month of December 1986 as "Made in America Month".

United States · United States Congress · 12 August 1986

Authorizes and requests the President to designate December 1986 as Made in America Month.

A joint resolution designating the week beginning January 4, 1987, as "National Bowling Week".

United States · United States Congress · 6 August 1986

Designates the week beginning January 4, 1987, as National Bowling Week.

A bill to amend the Wild and Scenic Rivers Act by designating a segment of the Horsepasture River in the State of North Carolina as a component of the National Wild and Scenic Rivers System.

United States · United States Congress · 31 July 1986

Amends the Wild and Scenic Rivers Act to designate a segment of the Horsepasture River, North Carolina, as a component of the National Wild and Scenic Rivers System.

A bill to amend title XVIII of the Social Security Act to permit certain individuals with physical or mental impairments to continue medicare coverage at their own expense.

United States · United States Congress · 24 July 1986

Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to continue the part A eligibility of physically or mentally impaired individuals who were eligible for such benefits by reason of their entitlement to disability benefits under title II (Old Age, Survivors and Disability Insurance) of the Act, but whose title II benefits have been terminated because they engaged in substantial gainful activity. Sets forth enrollment, special enrollment, and coverage periods as well as the contingencies terminating one's enrollment. Conditions such continued part A eligibility upon the payment of a monthly premium. Requires individuals who are entitled to part B (Supplementary Medical Insurance) Medicare benefits only by reason of their continued part A eligibility provided by this Act to pay a monthly premium set at four times the amount otherwise required under part B. Prohibits such part A and B premiums from exceeding a specified percentage of the individual's adjusted gross income, unless the premium thereby sinks below 25 percent of the premium determined without income restraints. Prohibits the benefits provided by this Act from supplanting employer group health plan benefits.