Bill· SS. 2953 (99th)open
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.
Bill· SJRESS.J.Res. 430 (99th)open
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.
Resolution· SRESS.Res. 502 (99th)passed
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.
Bill· SS. 2875 (99th)referred
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.
Bill· SS. 2850 (99th)open
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.
Bill· SS. 2862 (99th)open
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.
Bill· SS. 2853 (99th)referred
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.
Bill· SS. 2840 (99th)referred
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.
Law· SJRESS.J.Res. 407 (99th)enacted
United States · United States Congress · 8 September 1986
Designates November 12, 1986, as Salute to School Volunteers Day.
Bill· SS. 2781 (99th)reported
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.
Law· SJRESS.J.Res. 392 (99th)enacted
United States · United States Congress · 12 August 1986
Authorizes and requests the President to designate December 1986 as Made in America Month.
Bill· SJRESS.J.Res. 388 (99th)passed
United States · United States Congress · 6 August 1986
Designates the week beginning January 4, 1987, as National Bowling Week.
Bill· SS. 2707 (99th)open
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.
Bill· SS. 2686 (99th)referred
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.
Resolution· SRESS.Res. 451 (99th)passed
United States · United States Congress · 23 July 1986
Commends farmers and government leaders for their public-spirited efforts to alleviate the suffering of Southeastern farmers.
Bill· HRH.R. 5090 (99th)referred
United States · United States Congress · 25 June 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.
Law· HRH.R. 5073 (99th)enacted
United States · United States Congress · 24 June 1986
Asbestos Hazard Emergency Response Act of 1986 - Amends the Toxic Substances Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for asbestos hazard abatement in the schools. Requires each local educational agency to develop an asbestos management plan which provides for inspections, removal, reinspections, and the use of accredited consultants involved in developing the plan or in the response actions concerning friable asbestos-containing material. Requires warning labels on any friable asbestos-containing material and asbestos-containing material still in routine maintenance areas of a school building. Requires local educational agencies to respond to asbestos according to EPA's most current guidance document, if the Administrator fails to promulgate regulations within the prescribed period. Requires such agencies to develop and implement operation and maintenance and management plans for friable asbestos-containing material in school buildings, including inspections and State approval. Sets forth standards for ambient interior concentrations of asbestos after completion of response actions under the current guidance document. Requires that the public be informed and protected during the phases of the management plan, including transportation and disposal. Requires each State Governor to establish administrative procedures for reviewing school asbestos management plans to be carried forward by the local educational agency. Directs the Administrator to develop a model accreditation plan for States to give accreditation to individuals who inspect, manage, and respond to friable asbestos problems in schools. Requires EPA training courses or trained personnel to meet such standards. Makes the use of accredited personnel a condition for receiving financial assistance under the Asbestos School Hazard Abatement Act of 1984. Makes any local educational agency which fails to comply with this Act liable for civil penalties, including injunctive action. Requires the Administrator or appropriate Governor to investigate citizen complaints. Permits citizen suits to compel the Administrator to meet deadlines for promulgating regulations. Authorizes the Administrator or the appropriate State Governor to take necessary response measures where the presence of airborne asbestos or the condition of friable asbestos-containing material in a school building may be hazardous and adequate local measures have not been taken. Sets forth notification requirements and cost recovery entitlements when such actions are taken. Provides that State law is not preempted from imposing additional liability or more stringent requirements with respect to asbestos in schools. Limits the liability of asbestos contractors or local educational agencies performing activities under this Act to damages caused by negligent actions or intentional misconduct. Prohibits discrimination by a State or local educational agency against a whistle-blower. Directs the Administrator to appoint an Asbestos Ombudsman to answer complaints and inquiries concerning aspects of this Act. Requires the Administrator to study and report to the Congress within one year on the need for a similar program for public and commercial buildings. Establishes the Asbestos Trust Fund in the Treasury to carry out the Asbestos Hazards Abatement Assistance Program. States that such Fund shall consist of amounts repayed under loans under the Asbestos School Hazard Abatement Act of 1984. Directs the Administrator to make grants to States during FY 1988 for grants to local educational agencies to inspect for asbestos in school buildings and develop management plans.
Bill· HRH.R. 5050 (99th)referred
United States · United States Congress · 18 June 1986
Social Security Administrative and Investment Reform Act of 1986 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Title III: Management of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund - Amends the OASDI program to direct the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (OASDI trust funds) to immediately invest that portion of the OASDI trust funds which is not required for current withdrawals. Requires the investment to be made in accordance with policies established by the Social Security Board. Prohibits the sale and redemption of OASDI trust fund assets or the expenditure of OASDI trust fund amounts for purposes other than those specified in title II of the Act. Requires members of such trust funds' Board of Trustees to faithfully execute their duties, but does not impose a fiduciary duty. Requires that, in consideration of the public debt limit, required investment of trust fund amounts occur prior to the issuance of other obligations. Directs that tax receipts earmarked for the OASDI program be immediately transferred (currently, monthly transfers are made) from the general fund of the Treasury to the OASDI trust funds. Requires the Board of Trustees of the OASDI trust funds to meet at least twice each year. Sets forth provisions requiring reports by the Board of Trustees and the Managing Trustees to the Congress regarding the operation and status of the OASDI trust funds. Title IV: Additional Matters - Amends the OASDI program to prohibit the payment of OASDI benefits to individuals who have been deported pursuant to the Immigration and Nationality Act because of activities conducted under the direction of or in association with the Nazi government of Germany or its allies. Requires individuals to be paid interim benefits in cases where an administrative law judge has determined their entitlement to certain OASDI or SSI (Supplementary Security Income) benefits, but the Secretary's final decision has not been issued within 90 days of the judge's decision. Excludes any representative of the Department of Health and Human Services, the Social Security Administration, any other agency of such department, or an involved State agency from appearing as a party at an OASDI or SSI benefit hearing or participating in the development of the record of such hearing, unless, in the latter case, the presiding officer requests such participation.
Bill· HJRESH.J.Res. 656 (99th)referred
United States · United States Congress · 17 June 1986
Amends the National Housing Act to extend authority through FY 1987 for: (1) title I financial institution insurance for housing renovation and modernization; (2) general mortgage insurance; (3) low and moderate income and displaced families mortgage insurance; (4) homeownership for lower income families including mortgage insurance authority and housing stimulus authority; (5) mortgage co-insurance, including rental rehabilitation and development projects; (6) graduated payment and indexed mortgage insurance; (7) the demonstration mortgage reinsurance program; (8) mortgage insurance for armed forces' civilian employees and defense housing for impacted areas; (9) mortgage insurance for land development; and (10) mortgage insurance for medical and dental group practice facilities. Sets forth specified limits on FY 1986 and 1987 insured housing loans and on FY 1987 guaranteed mortgage-backed securities. Amends the Housing Act of 1964 to extend urban rehabilitation loan authority through FY 1987. Amends the Housing Act of 1949 to extend Farmers Home Administration authority through FY 1987 for: (1) insured loans for rental and cooperative housing and related facilities for elderly persons and families in rural areas; (2) rural communities with 10,000 to 20,000 population to participate in rural housing programs; and (3) mutual and self-help housing grant and loan authority. Amends the National Flood Insurance Act of 1968 to extend authority for national flood insurance, including emergency implementation and flood-risk zones through FY 1987. Amends the National Housing Act to extend authorities for the national crime insurance program and existing contracts through FY 1987. Amends the Housing and Community Development Act of 1974 to extend community development block grant entitlement authority for certain metropolitan city and urban county areas through FY 1987. Amends the Housing and Urban-Rural Recovery Act of 1983 to extend for 30 days the maximum interest rate limitation on loans for housing and related facilities for elderly or handicapped families through FY 1987. Extends the Home Mortgage Disclosure Act through FY 1987.
Bill· SS. 2539 (99th)reported
United States · United States Congress · 10 June 1986
Uniformed and Overseas Citizens Absentee Voting Act - Requires States to provide by law for elections for Federal office: (1) absentee registration and absentee voting for uniformed services voters and overseas voters; and (2) the use of alternative write-in absentee ballots by overseas voters when State absentee ballots are not available. Directs the President to designate the head of an executive department to have primary responsibility for the administrative functions of this Act, including: (1) prescribing an official postcard form containing a voter registration and an absentee ballot application; (2) prescribing an alternative write-in ballot for overseas voters; (3) prescribing forms and designs for balloting materials; (4) distributing election materials; (5) reporting to the Congress in the year immediately following a presidential election year on its effectiveness; and (6) consulting State and local election officials in carrying out this Act. Provides for the distribution of official postcards. Sets forth recommendations to the States in carrying out provisions of this Act. Provides for Federal and State write-in absentee ballots for overseas voters. Declares balloting materials under this Act free of postage. Establishes criminal and civil penalties for violations of this Act.
Bill· SS. 2454 (99th)open
United States · United States Congress · 15 May 1986
Repeals provisions of the Department of Defense Authorization Act, 1985 which: (1) provide a remedy against the United States for loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by a contractor conducting atomic weapons tests under a contract with the United States; and (2) preclude any other civil action by individuals against a contractor for the purpose of determining civil liability from acts or omissions of such contractor. Makes the period during which such provision was in effect inapplicable for purposes of the tolling of any statute of limitations for claims.
Bill· HRH.R. 4830 (99th)referred
United States · United States Congress · 15 May 1986
Trade Expansion and Competitiveness Act of 1986 - Title I: Banking Committee Provisions - Expresses the sense of the Congress that: (1) the Reagan administration has substantially reduced the value of the dollar and is successfully coordinating its economic policies with our major trading partners; (2) the Reagan administration should continue its progress in promoting long-term exchange rate stability and sustaining noninflationary economic growth; and (3) any congressional action on the exchange rate at this time is unneeded and potentially harmful. Expresses the sense of the Congress that: (1) the Reagan administration should continue to have the maximum amount of discretion in implementing its cooperative debt strategy; and (2) the objectives of such a strategy should continue to emphasize the need for adjustment policies and sound economic planning in developing countries. Amends the Export-Import Bank Act of 1945 to require the Secretary of the Treasury to establish a Competitive Tied Aid Fund in the Treasury. Requires the Fund to be used to supplement the financing of U.S. exports to foreign markets which are actual or potential export markets for any country which: (1) engages in predacious official export financing through the use of tied or partially untied aid credits; and (2) impedes negotiations to eliminate the use of such credits for commercial purposes. Declares that the Secretary of the Treasury: (1) should avoid using the Fund to finance only one or two export projects; (2) should seek to use the Fund to finance only U.S. exports that would be reasonably competitive in the absence of the predatory export financing practices of the other country; and (3) shall ensure that the Fund is used only to assist certain U.S. entities or entities wholly owned by U.S. citizens. Directs the Secretary of the Treasury to consult with the National Advisory Council on International Monetary and Financial Policies in: (1) determining the foreign countries which offer predacious tied or partially untied aid credits and which impede negotiations to restrict their use to legitimate foreign aid; and (2) reviewing proposed uses of the Fund. Directs the Secretary of the Treasury to establish policy and procedure guidelines for the Fund. Directs the Secretary of the Treasury to report on a quarterly basis to the Congress on the activities carried out under this Act. Authorizes appropriations. Requires the Export-Import Bank, until the funds authorized by this Act become available for expenditure, to make aggressive use of tied aid credits. Requires the Bank to be reimbursed for the cost of any such credits. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the International Bank for Reconstruction and Development and the regional development banks to initiate consultations with the presidents of the respective banks on the development of financial assistance policies which: (1) reduce obstacles to and restrictions on international trade and investment in goods and services; (2) eliminate unfair trade and investment practices; and (3) promote mutually advantageous economic relations. Provides for coordinating this effort with the Trade Policy Committee and the Secretariat of the contracting parties to the General Agreement on Tariffs and Trade (GATT). Requires the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development to work to have the Bank obtain, before making a loan to any country, the agreement of such country to eliminate unfair trade and investment practices which have a significant deleterious effect on the international trading system. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to ensure that project loans by such banks for commodities, materials, or products do not contribute to a world surplus in which: (1) market prices are low or falling; and (2) the commodities, materials, or products could cause material injury to competing U.S. producers. Title II: Trade Law and Related Provisions - Subtitle A: Enforcement of United States Trade Agreement Rights and Response to Foreign Trade Practices - Amends the Trade Act of 1974 to require the President to take all appropriate action to eliminate an act, policy, or practice of a foreign country if the President determines that such act, policy, or practice: (1) is unreasonable or discriminatory and burdens or restricts U.S. commerce; or (2) constitutes export targeting. Requires the President to take all appropriate action to eliminate an act, policy, or practice of a foreign country if the President or the U.S. Trade Representative (USTR) determines that: (1) U.S. rights under a trade agreement are being denied; or (2) such act, policy, or practice denies benefits to the United States under a trade agreement or is unjustifiable and burdens or restricts U.S. commerce. Declares that the President is not required to take action if: (1) the contracting parties to the GATT or a panel of experts have determined that U.S. trade rights are not being denied or that the foreign trade act, policy, or practice is not impairing U.S. trade rights; or (2) the President determines such action is not in the national economic interest or makes certain findings about actions the foreign country is taking to eliminate, or compensate for, the complained of act, policy, or practice. Requires the USTR to order certain actions to be implemented if: (1) the President agrees with the USTR regarding such actions; or (2) the President differs with the USTR regarding such actions but a joint resolution overriding such difference is enacted. Requires the President to respond within 20 days of receiving a recommendation from the USTR on actions to take against such unfair foreign trade practices. Requires the President to decide in such 20 days if: (1) the President concurs in the USTR's determination; or (2) it is in the national economic interest to take a different action. Requires the President's decision to take effect within 90 days unless a joint resolution overriding such decision is enacted. Provides for expedited consideration of such resolution. Includes unfair natural resource input pricing within the definition of unreasonable trade practices. Defines "export targeting" and "unfair natural resource input pricing." Requires the USTR to make a recommendation to the President on action to be taken: (1) within nine months (or for such longer period requested by the petitioner) in a case involving alleged export subsidies; (2) within nine months (or for such longer period requested by the petitioner) in a case involving any matter covered by the GATT Subsidies Agreement other than export subsidies; (3) within nine months of the date of petition in a case involving a trade agreement; and (4) in any case not described above, within five months of the start of the investigation in any case regarding international agreements or unjustifiable acts by foreign countries, or nine months in other cases. Requires the USTR to: (1) determine the nature and extent of the action that should be taken in response to an unreasonable foreign trade act or export targeting; and (2) notify the President of the USTR's intention to implement that action. Requires the USTR, in other cases, to recommend to the President responses that should be made or recommend that no action be taken. Requires the USTR to report to the Congress on the estimated impact of recommended responses to foreign trade practices on U.S. consumers and small businesses and on U.S. agricultural exports. Requires the USTR, before making any such recommendations or decisions, to determine whether the foreign country under investigation provides reciprocity in overall trade to U.S. exports and to assess the degree to which lack of reciprocity contributes to any burden or restriction on U.S. commerce. Requires the USTR to include action against the foreign country's exports to the United States in the USTR's recommendation if lack of reciprocity is an important contributing factor or part of a pattern in such country's trade practices. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Requires the USTR, in response to a petition requesting action regarding Canadian lumber exports, to investigate allegations contained in the petition and to report to the Congress on such investigation within 60 days of starting the investigation. Chapter 2: International Trade in Telecommunications Products and Services - Telecommunications Trade Act of 1986 - Sets forth the findings and purposes of this Act. Declares that the primary U.S. negotiating objectives regarding telecommunications products and services are to provide for: (1) the nondiscriminatory procurement of such products and services by foreign-government-controlled entities that provide local exchange telecommunications services; (2) assurances that registration requirements for customer premises products be limited to a manufacturer's certification that the products meet certain safety standards; (3) openness in the standards-setting processes used in foreign countries; (4) the ability to have customer premises products approved and registered by type and mutual recognition of type approvals; (5) access to the basic telecommunications network in foreign countries on reasonable and nondiscriminatory terms for the provision of value-added services by U.S. suppliers; and (6) monitoring and effective dispute settlement provisions regarding the above issues. Sets forth seven secondary U.S. negotiating objectives. Requires the U.S. Trade Representative (USTR), in consultation with the Secretary of Commerce and a specified interagency trade organization, to undertake an investigation with respect to each foreign country in order to: (1) identify and analyze those trade policies and practices that deny fully competitive market opportunities to U.S. telecommunications firms; and (2) establish specific primary and secondary negotiating objectives. Authorizes the USTR to exclude any foreign country from such investigations if the potential market in that country for U.S. telecommunications products and services is not substantial. Requires such investigations to be completed within 180 days of enactment of this Act. Authorizes the USTR to undertake other investigations of foreign countries after the above investigations are completed if the USTR: (1) considers that there is reason to believe that a foreign country is denying fully competitive market opportunities to U.S. telecommunications firms; or (2) accepts a petition filed by an interested party alleging that such conditions exist. Requires such investigations to be completed within 180 days. Requires the USTR to: (1) review at least annually the potential market for U.S. products and services in countries that were excluded from such investigations; and (2) undertake such an investigation if the USTR considers such market to be substantial. Requires the USTR to report to specified congressional committees on the results of any such investigation. Requires the President to enter into negotiations with the foreign country or countries subject to such investigations in order to enter into trade agreements which achieve the specific primary and secondary negotiating objectives established by this Act. Provides that if the President is unable, during the negotiating period (18 months after enactment of this Act for countries that have a substantial market for U.S. telecommunications firms and 12 months for certain other countries), to enter into a trade agreement which achieves the primary and secondary negotiating objectives, the President: (1) shall take whatever actions are authorized to achieve the primary objectives not covered by agreement; and (2) may take whatever actions are authorized to achieve the secondary objectives not covered by agreement. Provides for extending the negotiating period under certain circumstances. Requires the President to take those actions which most directly affect telecommunications trade with such country. Authorizes the President to take any of the following actions: (1) terminate, withdraw, or suspend any portion of any trade agreement entered into under the Trade Act of 1974, section 201 of the Trade Expansion Act of 1962, or section 350 of the Tariff Act of 1930; (2) take any action described in section 301 of the Trade Act of 1974; (3) prohibit the Federal Government from purchasing specified telecommunications products; (4) increase certain domestic preferences for Federal purchases of such products; (5) suspend any waiver of such domestic preferences for such products; (6) order the denial of Federal funds or credits for purchases of specified telecommunications products of any specified foreign country; or (7) suspend benefits accorded articles from specified countries under the Generalized System of Preferences under the Trade Act of 1974. Authorizes the President to modify or terminate any such action if and only if a foreign country enters into a trade agreement that achieves the specific negotiating objective regarding which such action was taken. Requires the President to inform specified congressional committees of any such action, modification, or termination. Requires the USTR to review annually each trade agreement to determine whether any foreign country's act, policy, or practice: (1) does not comply with the agreement; or (2) otherwise denies fully competitive market opportunities in that country to U.S. telecommunications firms. Defines trade agreement. Requires the USTR, if the foreign country is not in compliance with a trade agreement or denies market opportunities to U.S. firms, to take certain actions to: (1) offset such foreign act, policy, or practice; and (2) restore the balance of concessions in telecommunications trade. Sets forth the actions the USTR may take under such circumstances. Authorizes the USTR to modify or terminate any such action if and only if the foreign country has taken appropriate remedial action. Requires the USTR to inform specified congressional committees of any such action, modification, or termination. Requires the President and the USTR to consult with the Secretary of Commerce, a specified interagency trade organization, and the private sector on what types of action to take if the President has been unable to enter into a trade agreement with a foreign country on telecommunications issues or if a foreign country is not complying with a trade agreement or otherwise denies market opportunities to U.S. telecommunications firms. Requires the President to keep the appropriate congressional committees and other advisory committees informed with respect to: (1) the negotiating priorities and objectives for each country; (2) the assessment of negotiating prospects; and (3) any U.S. concessions. Authorizes the President, during the 42 months following enactment of this Act, to enter into trade agreements to achieve the primary and secondary negotiating objectives established under this Act. Authorizes the trade agreements to provide for: (1) the harmonization, reduction, or elimination of duties or trade restrictions, barriers, or other distortions; or (2) the prohibition of, or limitations on, the imposition of duties or trade restrictions, barriers, or other distortions. Provides for the implementation of any such trade agreement through legislation or, if the agreement provides solely for unilateral concessions by a foreign country to the United States, by presidential proclamation. Provides that the benefits of any such agreement may apply solely to the parties to the agreement or not apply uniformly to all parties to such agreement. Authorizes the President to enter into trade agreements with a foreign country to grant concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions if: (1) the President takes action in response to investigations by the USTR; or (2) the USTR takes action because a foreign country is not complying with a trade agreement or otherwise denies market opportunities to U.S. firms; and (3) such action is inconsistent with U.S. international obligations. Provides for implementation of such trade agreements. Subtitle B: Relief from Injury Caused by Import Competition, Subsidies, Dumping, and Unfair Trade Practices - Chapter 1: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Authorizes the USTR to request information and advice on the probable effectiveness of antitrust relief as a form of import relief to enhance the competitiveness of U.S. firms. Requires the USTR to submit to the Congress a report on the estimated impact of a proposed import relief action on U.S. consumers and small businesses and on U.S. agricultural exports. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 20 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission (ITC) if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Requires the ITC to review and report on developments in an industry that thus received import relief for as long as the import relief remains in effect. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes an import relief petitioner who alleged injury from imports of a perishable product to file a request with the Secretary of Agriculture that emergency action be taken with respect to that product. Requires the Secretary of Agriculture to decide, within 20 days: (1) whether there is reason to believe that the perishable product is being imported in such increased quantities as to be a substantial cause of, or threat of, serious injury to the competing domestic industry; and (2) if there is such reason to believe, whether emergency action is warranted. Provides for refiling after a specified time a request for emergency action if the Secretary denies the first request. Requires the Secretary of Agriculture, if the Secretary decides to grant such request, to: (1) determine the method and extent of emergency action to be imposed; (2) notify the USTR of such request; and (3) unless the USTR decides within seven days that such action is not in the national economic interest, order the Commissioner of Customs to take such action. Defines "emergency action" as: (1) an increase in, or the imposition of, a duty; and/or (2) a modification of, or the imposition of, a quota on imports of such article. Imposes different emergency actions for perishable products from Israel or certain Caribbean countries. Provides for termination of an emergency action if: (1) changed circumstances warrant such termination; (2) the ITC reports that it did not find serious injury or the threat of serious injury to the industry; (3) the denial of import relief becomes final; or (4) other import relief provisions become effective. Authorizes members of an industry which has received import relief to apply for a certificate of exemption for a proposed merger or acquisition. Sets forth information to be contained in the application. Requires the Attorney General to issue the certificate of exemption if the proposed merger or acquisition is limited to members of the industry which has been granted import relief. Provides for reconsideration of applications that the Attorney General denies. Prohibits any import relief investigation from being made with respect to an article that has previously received import relief unless two years have passed since such import relief ended. Changes references in the market disruption provisions of the Trade Act of 1974 from "communist countries" to "non-market economy countries" (defined as countries dominated or controlled by communism). Declares that market disruption exists within a domestic industry whenever an article is being imported in such increased quantities as to be an important cause of, or threat of, material injury to the competing domestic industry. Sets forth factors the ITC shall consider in determining whether market disruption exists. Authorizes the ITC to recommend, in addition to other relief, a variable tariff based on a comparison of average domestic producer prices and average import prices. Authorizes the USTR to deny import relief with respect to imports from non-market economy countries only if the provision of such relief would have a serious negative impact on the domestic economy. Chapter 2: Amendments to the Countervailing and Antidumping Duty Laws - Amends the Tariff Act of 1930 to provide that certain producers of raw agricultural products may be considered part of the industry producing processed agricultural products for purposes of bringing countervailing antidumping duty complaints. Sets forth the criteria such producers must meet. Defines "material injury" for purposes of complaints involving imports of a raw agricultural product and products processed from such raw agricultural product. Classifies a coalition or trade association which represents either processors or processors and producers as interested parties in such investigations. Requires the ITC, in determining whether material injury occurred in an antidumping or countervailing duty case, to assess cumulatively the volume and effect of imports from two or more countries of like products if such imports compete with each other and with like products of the domestic industry in the U.S. market and if such imports: (1) are subject to any countervailing or antidumping duty; or (2) during the preceding 12 months were subjected to a final order, suspension agreement, or quantitative restraint resulting from such an investigation. Adds to the factors that the ITC must consider in determining whether threat of material injury exists: (1) evidence of export targeting by a foreign government; (2) the extent to which the United States is a focal point for exports because of market barriers in third countries; and (3) in dumping cases, dumping findings in other countries against the same exporter. Requires the ITC in such dumping cases to request information from the foreign exporter or U.S. importer on threat of material injury. Imposes special rules for determinations of the existence or threat of material injury involving fungible products. Requires the administering authority to adjust the foreign market value of an import if the administering authority determines in an antidumping investigation that: (1) a dumped input product is incorporated into or used in the manufacture or production of the import subject to the investigation; (2) such dumped input product comprises not less than 35 percent of the exporter's sale price; and (3) the manufacturer or producer of such import purchased the dumped input product for a price that is less than the adjusted foreign market value of that product. Defines "dumped input product" to be merchandise subject to an antidumping duty order or to a specified international agreement. Provides for a presumption that a manufacturer or exporter engages in persistent dumping if the manufacturer or exporter was made subject to an antidumping duty order with respect to the same merchandise two or more times over a five-year period. Permits certain interested U.S. manufacturers, unions, or trade associations to request the ITC to monitor imports of an article that is manufactured by such a manufacturer or exporter. Provides that merchandise imported by or for the use of Federal agencies is not exempt from the imposition of countervailing or antidumping duties. Changes the limits imposed on access to confidential information obtained by the administering authority. Requires the administering authority to make all such information available under protective order. Imposes a 14-day deadline for determining whether to release such information. Prohibits the administering authority from considering confidential information in its investigation if the person submitting such information refuses to disclose it pursuant to a protective order. Imposes certain other requirements on service of such information, notification of the submission of such information, and timely submissions. Prohibits antidumping and countervailing duties from being treated as regular customs duties for drawback purposes. Requires persons making submissions to the administering authority or the ITC in antidumping or countervailing duty proceedings to certify that such submissions are accurate and complete to the best of that person's knowledge. Chapter 3: Intellectual Property Rights - Makes unlawful the unauthorized importation or unauthorized sale within the United States after importation of articles that: (1) infringe a valid and enforceable U.S. patent or copyright; or (2) are made under, or by means of, a patented process. Makes it unlawful to import or sell within the United States after importation articles that infringe a valid and enforceable U.S. trademark, if the manufacture or production of such article was unauthorized. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Declares that such prohibitions shall apply only if there is an existing or nascent U.S. industry relating to the articles or intellectual property. Requires the ITC to conclude its investigations of unfair import practices within eight months (ten months in more complicated cases). Authorizes the ITC to terminate an investigation before determining whether there is a violation by issuing a consent order or on the basis of a settlement agreement. Requires the ITC to make a determination with regard to a petition alleging unfair import practices within 90 days (150 days in more complicated cases) of the publication of notice of the investigation. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property to the same extent as authorized under the Federal Rules of Civil Procedure. Authorizes the ITC to issue cease and desist orders in addition to exclusion orders. Increases the penalty for violations of such orders. Provides for default judgments against nonrespondents in unfair import practice cases unless the ITC determines that specified circumstances preclude such judgments. Authorizes the ITC to promulgate rules that establish sanctions for abuse of discovery and abuse of process. Imposes the burden of proof on the petitioner in cases where the petitioner has previously been found in violation of the provision prohibiting unfair import practices and the petitioner is asking the ITC: (1) to find that the petitioner is no longer violating the section; or (2) for a modification or rescission of the penalty imposed on such petitioner. Sets forth the grounds for granting such relief. Prohibits disclosure (except to certain ITC and Customs Service employees) of confidential information submitted to the ITC during the course of an investigation without the consent of the petitioner. Requires the principal negotiating objectives with respect to intellectual property rights to be: (1) to seek enactment and effective enforcement by foreign countries of laws that protect intellectual property; and (2) to develop and strengthen international rules and dispute settlement procedures against trade-distorting practices arising from inadequate national protection and enforcement of intellectual property rights. Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Federal Laboratory Technology Utilization Act of 1986 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from the distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biennially to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Subtitle C: Trade Negotiating Objectives and Authority - Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT;(4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Sets forth principal U.S. trade negotiating objectives. Declares that the principal trade negotiating objectives are to be achieved through multilateral trade agreements (unless other agreements would be more effective) that provide for: (1) the reduction or elimination of trade barriers; and (2) the development, clarification, or extension of principles governing international trade. Authorizes the President through January 3, 1996, to enter into trade agreements and to proclaim modifications or continuation of existing duties or duty-free treatment as of January 1, 1987, or additional duties as required or appropriate. Extends the authority of the President to enter into nontariff barrier agreements or bilateral tariff agreements until January 3, 1996. Extends the President's authority to enter into tariff and nontariff barrier agreements for an additional 20 years if, by November 3, 1995, the USTR certifies to specified congressional committees that: (1) sufficient progress has been made under the trade agreement authority to justify the continuation of negotiations; and (2) such continuation is likely to achieve the overall and principal U.S. negotiating objectives. Requires the Commissioner of Customs, in the implementation of certain bilateral trade agreements with a foreign country, to prevent the transshipment through such country of articles subject to quantitative import restrictions under U.S. law. Requires certain additional information to be included in the consultations with congressional committees prior to entry into trade agreements. Requires the President to recommend to the Congress in the implementing bill submitted with respect to a trade agreement that the benefits and obligations of such agreement apply solely to the parties to such agreement, if such application is appropriate and consistent with the terms of the agreement. Authorizes the President, whenever certain import relief measures or tariff reclassifications take place, to: (1) enter into trade agreements to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim tariff modifications or continuances as necessary to carry out such agreement. Authorizes such compensatory actions only if necessary to meet U.S. international obligations. Grants the President the authority, for five years, to enter into tariff agreements with Canada relating to, and to proclaim tariff modifications or eliminations on: (1) frozen cranberries; (2) dialysis cyclers; (3) packaging goods for tea; (4) dried fababeans; (5) cat litter; (6) mechanics tool boxes; (7) medical tubing; (8) synthetic fireplace materials; (9) spirits; (10) miners safety lamps, components, and battery chargers; and (11) computerized paper cutter control retrofit units. Requires the President to exercise such authority only to the extent that Canada grants equivalent tariff reductions. Directs the USTR to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Requires the principal U.S. negotiating objectives regarding high technology access to be to eliminate or reduce foreign barriers to, and foreign government practices which limit, equitable access by U.S. persons to foreign-developed technology. Requires the United States, in pursuing such objectives, to take into account U.S. policies in licensing or making available to foreign persons U.S. developed technology. Subtitle D: Functions of the United States Trade Representative - Requires the USTR to: (1) have primary responsibility for U.S. international trade policy; (2) serve as principal advisor to the President on such policy and advise the President on the impact of other policies on international trade; (3) have lead responsibility for the conduct of, and be chief U.S. representative for, international trade negotiations; (4) issue trade policy guidance to other agencies; (5) act as principal spokesman for the President on international trade; and (6) be chairman of a specified interagency trade organization and consult with such committee in the performance of USTR functions. Sets forth the membership and functions of the interagency trade organization. Establishes in the Office of the USTR a Fair Trade Advocates Branch which shall assist qualifying industries in obtaining benefits under the trade laws: (1) by preparing and initiating cases for qualifying industries under the trade laws; (2) acting as an advocate in the proceedings of such cases; and (3) in pursuing administrative and judicial appeals of such cases. Requires the USTR to submit an annual statement to specified congressional committees of: (1) U.S. trade policy objectives and priorities; (2) the actions proposed or anticipated to be undertaken during the year to achieve such objectives; and (3) any proposed legislation to achieve such objectives. Requires the USTR to seek advice from certain advisory committees and congressional committees before submitting such statement. Requires the USTR and other Federal officials to consult with such congressional committees with respect to actions which may require or result in changes in trade objectives or priorities. Subtitle E: Miscellaneous Provisions - Amends the Trade Expansion Act of 1962 to set a 90-day deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Requires the Secretary of Commerce to expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Prohibits the sequestration or reduction of obligations or outlays for expenses incurred in providing customs services for which reimbursement or refund is authorized or required. Directs the Secretary of the Treasury to prohibit for three years any multiple customs law offender from: (1) introducing or trying to introduce foreign goods or services into U.S. commerce; and (2) engaging or trying to engage any other person to introduce, on such offender's behalf, foreign goods or services into U.S. commerce. Provides for identifying such multiple offenders. Sets the penalty for violations of such prohibition. Requires the ITC to monitor, and report to the Congress on, imports that may pose significant problems from import competition for U.S. industries. Amends the Tariff Act of 1930 to prohibit the ITC from releasing certain confidential information unless the party who submitted such information consents to its release. Designates the ITC as an independent regulatory agency for purposes of the Paperwork Reduction Act of 1980 (allowing the ITC to override disapproval by the Office of Management and Budget of the issuance of a questionnaire to members of the public). Expresses the sense of the Congress that: (1) Japan should allow U.S. semiconductor manufacturers full and substantial access to the Japanese semiconductor market; and (2) the President should take all appropriate action to achieve access to the Japanese semiconductor market for U.S. manufacturers and should determine if Japanese market restrictions warrant a U.S. response. Title III: Tariff and Customs Provisions - Subtitle A: Miscellaneous Tariff and Customs Provisions - Chapter 1: Permanent Changes in Tariff Treatment - Repeals the prohibitions against imports of furskins from the Soviet Union. Reduces the duty on salted and dried plums. Grants duty-free treatment to hatters' fur. Creates a new tariff classification to cover imports of certain woven fabrics of man-made fibers. Includes all forms of silicone in the term "synthetic plastics materials." Imposes a duty on silicone resins and materials. Creates a new tariff classification to cover imports of motor fuel blending stocks. Imposes a duty on motor fuel blending stocks. Provides that television picture tubes imported in combination with, or incorporated into other articles are to be classified as television picture tubes (subject to an increased duty) unless they are incorporated or put into kits for incorporation into complete television receivers or into certain other fully assembled units. Imposes an 11 percent duty on all imports on or before October 31, 1987, of television picture tubes which would be included in such assembled units but for this Act. Grants duty-free treatment to all imports on or before December 31, 1990, of certain small color television picture tubes. Provides a duty on bicycle-type speedometers and parts. Excludes the dials of watches and clocks from the special marking requirements. Provides that certain information shall be legibly (currently "conspicuously") marked with specified information. Permits such marking to be done by mold-marking. Permits manufacturers to put certain information on watch bezels. Deletes the requirement of including information on watch adjustments. Chapter 2: Temporary Changes in Tariff Treatment - Suspends through December 31, 1990, the tariff on: (1) color couplers and coupler intermediates; (2) p-sulfobenzoic acid, potassium salt; (3) 2, 2'-oxamido bis-ethyl 3-(3,5-di-tertbutyl- 4- hydroxy-phenyl) proportionate; (4) dicyclohexylbenzothiazylsulfenamide; (5) 2,4 dichlor-5-sulfamoyl benzoic acid; (6) derivatives of N-(4-(2-hydroxy-3-phenoxypropoxy) phenyl) acetamide; (7) 1,2-dimethyl-, 3,5 diphenyl-1-H-pyrazolium methyl sulfate; (8) dicofol; (9) methylene blue; (10) 3,5-dinitro-o-toluamide; (11) secondary butyl chloride; (12) nonbenzenoid vinyl acetate-vinyl chloride-ethylene terpolymers; (13) tungsten ore; (14) certain stuffed toy figures; (15) certain plastic sheeting used as radiation shielding material; (16) certain doll wig yarns; (17) wool carding and spinning machines; (18) generator lighting sets for bicycles, bicycle chains, and certain other bicycle parts; (19) 1-(3-sulfopropyl) pyridinium hydroxide; (20) d-6-Methoxy-a-methyl-2-naphthaleneacetic acid and its sodium salt; (21) certain pesticides (dinocap, mixture of dicofol and application adjuvants, and mixtures of mancozeb and dinocap); (22) cholestyramine resin USP; (23) 3-amino-3- methyl-l-butyne; (24) maneb, zineb, mancozeb, and metiram; (25) nicotine resins; and (26) hosiery knitting needles. Extends the current suspension of duty until December 31, 1990, on: (1) mixtures of mashed or macerated hot red peppers and salt; (2) cantaloupes; (3) certain wools; (4) needlecraft display models; (5) triphenyl phosphate; (6) sulfapyridine; (7) synthetic rutile; (8) certain clock radios; (9) certain machines designed for heat-set, stretch texturing of continuous man-made fibers; (10) hosiery knitting machines; (11) double-headed latch needles; (12) certain stuffed dolls and toy figures; (13) umbrella frames; and (14) crude feathers and down. Suspends the tariff on certain knitwear made in Guam until November 1, 1992. Suspends the tariff on the personal effects and equipment of participants and officials involved in the Pan American Games until September 30, 1987. Amends the Foreign Trade Zones Act to extend, through December 31, 1990, the exclusion of imported bicycle parts that are not subsequently re-exported from the exemption of the customs laws that is applicable to a foreign trade zone. Chapter 3: Other Customs and Effective Date Provisions - Allows watches to be designated as eligible articles for purposes of the generalized system of tariff preferences. Requires the containers of imported preserved mushrooms to indicate in English the country in which the mushrooms were grown in order to comply with labeling laws relating to imports. Amends the Trade and Tariff Act of 1984 to require the Secretary of the Treasury to charge a user fee to individuals for the use of customs services at the Pontiac/Oakland, Michigan, airport. Prohibits any ethyl alcohol or mixture of ethyl alcohol from being considered eligible for exemption from duty as the growth or product of an insular possession or of a beneficiary country under the Caribbean Basin Economic Recovery Act unless the ethyl alcohol or mixture is an indigenous product of that insular possession or beneficiary country. Extends such prohibition through December 31, 1992. Exempts certain imports of ethyl alcohol from such prohibition if it is imported during 1987 and 1988 and if it was produced in a certain type of facility that was in operation on January 1, 1986. Sets forth the criteria for establishing that ethyl alcohol or an ethyl alcohol mixture is an indigenous product of an insular possession or beneficiary country. Amends the Tariff Act of 1930 to require the Secretary of the Treasury to establish standards for setting the terms and conditions for cancellation of bonds or charges. Provides for the duty-free entry of certain articles for use by a named organization in the construction of an optical telescope in Hawaii. Directs the Secretary of the Treasury to reliquidate, as duty-free, four specified entries covering tubular tin products, if a certificate of actual use for the products is submitted to the U.S. Customs Service at the port of entry within 120 days of enactment of this Act. Subtitle B: Implementation of Nairobi Protocol - Chapter 1: Short Title, Purpose, and Reference - Educational, Scientific, and Cultural Materials Importation Act of 1986 - Declares that it is the purpose of this subtitle to: (1) provide for the implementation of the Nairobi Protocol to the Agreement on the Importation of Educational, Scientific, and Cultural Materials (the Florence Agreement); (2) modify the duty-free treatment accorded under the Educational, Scientific, and Cultural Materials Importation Act of 1982 (the 1982 Act), under the Educational, Scientific, and Cultural Materials Importation Act of 1966, and under another Act; and (3) continue the safeguard provisions concerning certain imported articles provided for in the 1982 Act. Chapter 2: Amendments to Implement the Nairobi Protocol - Repeals the 1982 Act. Amends the Tariff Schedules of the United States (TSUS) to provide duty-free treatment for: (1) catalogs of visual and auditory material of an educational, scientific, or cultural character; (2) architectural, engineering, industrial, or commercial drawings and plans; (3) loose illustrations, reproduction proofs, or reproduction films used for the production of books; (4) certain other articles in microfilm, microfiche, and similar film media; and (5) crossword puzzle books. Provides for duty-free treatment of certain other articles whether or not in the form of microfilm, microfiches, or similar film media. Prohibits granting duty-free treatment to developed photographic film unless either: (1) a Federal agency determines that such article is visual or auditory material of an educational, scientific, or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, or Cultural Character; or (2) such article is imported by, or for the use of, an educational, scientific or cultural institution and is certified to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations or any of its specialized agencies. Provides duty-free treatment for articles determined to be visual or auditory materials in accordance with specified provisions. Provides duty-free treatment for: (1) tools specially designed to maintain or repair certain scientific instruments or apparatus; and (2) articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons. Chapter 3: Authority to Modify Certain Duty-Free Treatment Accorded Under This Subtitle - Authorizes the President to proclaim changes in the TSUS to narrow the scope of, place conditions on, or otherwise eliminate the duty-free treatment accorded the tools for scientific instruments and the articles for the blind or other handicapped persons under this subtitle if such duty-free treatment has significant adverse impact on a domestic industry. Authorizes the President to resume duty-free treatment of such articles under certain circumstances. Authorizes the President to proclaim changes to the TSUS to remove or modify any conditions and restrictions imposed by this subtitle on the importation of certain visual and auditory material in order to implement certain provisions of the Nairobi Protocol. Amends the TSUS to change the headnote relating to the method of applying for permission to import certain scientific instruments and apparatus. Directs the Secretary of the Treasury, in conjunction with the Secretary of Commerce, to obtain adequate statistical information on duty-free imports of articles for the blind and for other handicapped persons. Title IV: Export Enhancement - Export Enhancement Act of 1986 - Subtitle A: Export Promotion - Directs the Secretary of Commerce to establish within the International Trade Administration the United States and Foreign Commercial Service (Commercial Service). Transfers to the Commercial Service the functions of the United States and Foreign Commercial Services. Declares that the purpose of the Commercial Service is to promote and protect U.S. business interests abroad. Requires the Commercial Service to place primary emphasis on the promotion of U.S. exports, particularly from small and medium-sized businesses. Sets forth activities to be carried out by the Commercial Service. Sets forth administrative provisions governing the Commercial Service. Requires the Secretary of State and the Secretary of Commerce to review periodically the current number of personnel assigned to U.S. diplomatic missions abroad to determine whether an adequate number of such personnel are engaged in economic or commercial duties to assist U.S. exporters and businesses doing business abroad. Requires each chief of a U.S. diplomatic mission to an important U.S. trading partner which has significant potential for U.S. export sales to report annually to the President and the Congress on: (1) the mission's strategy to expand U.S. exports; and (2) the mission's efforts to assist U.S. industries in expanding export sales and improving their market position. Declares that the Secretary of Commerce should appoint an officer of the Commercial Service to serve with each U.S. Executive Director of each multilateral development bank. Requires each such officer to assist the U.S. Executive Director in: (1) promoting U.S. exports; (2) keeping U.S. businesses informed of bidding opportunities in countries receiving development bank loans; (3) providing assistance to U.S. businesses with respect to certain businesses and in completing bidding documents; and (4) investigating complaints from U.S. bidders about procurement contracts by such banks. Declares that it is U.S. policy to: (1) provide agricultural commodities for export; (2) support the principle of free trade; (3) support the negotiating objectives set forth in the Comprehensive Trade Policy Reform Act of 1986; (4) counter unfair foreign trade practices and to use all available means to encourage fair and more open trade; and (5) provide for increased representation of U.S. agricultural trade interests in the formulation of fiscal and monetary policy affecting trade. Amends the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) to include U.S. wood and wood products among the agricultural commodities that may be used in development projects funded by local currency generated by Public Law 480. Includes the construction of low-and medium-income housing within the definition of the terms "private sector development activity" and "private enterprise investment" as used in the private enterprise promotion provisions of such Act. Authorizes the Secretary of Agriculture to expand the number of agricultural counselors and other Department of Agriculture representatives overseas. Requires the Secretary of Agriculture to assist State agriculture departments in supporting export efforts of private companies. Amends the Agricultural Trade and Export Policy Commission Act to terminate the Agricultural Trade and Export Policy Commission within 90 days of transmission of its final report. Authorizes appropriations to the Secretary of Agriculture to conduct research that would enhance the long-term competitiveness in world markets of U.S. agricultural exports. Requires the Secretary of Agriculture to: (1) monitor foreign research and trade practices carried out to promote agricultural exports; and (2) report annually to the Congress on trends in the competitive position of U.S. agricultural exports in the world market, foreign agricultural research developments, foreign agricultural exports subsidies,and the marketing in nonmarket economies of U.S. agricultural exports. Expresses the sense of the Congress that the availability of Federal export financing contributes to the maintenance and expansion of U.S. exports and can serve to reverse the trend toward overseas production. Directs the Secretary of State to report annually to specified congressional committees on the economic policy and trade practices of each country with which the United States has an economic or trade relationship. Sets forth information to be included in such report. Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1987 and 1988 to the Department of Commerce for export promotion programs. Subtitle B: Export Controls - Amends the Export Administration Act of 1979 to permit the use of distribution licenses for exports to China. Prohibits requiring permission to export (to countries other than controlled countries) goods or technology which, if exported pursuant to the COCOM agreement (Coordinating Committee on Export Controls), would require only notification of COCOM governments. Authorizes the Secretary of Commerce to require exporters of such goods to such countries to notify the Department of Commerce of those exports. Provides for quarterly partial reviews of the control list of goods subject to export conrols. Requires all goods and technology on the list to be reviewed at least annually. Requires the Secretary of Defense to review the goods on the list of militarily critical technologies on an ongoing basis. (Currently such review is required at least annually.) Imposes a timetable for responses by the Secretary of Commerce to allegations by export license applicants that foreign availability exists. Prohibits requiring a validated license for exports to countries that are subject to an agreement that imposes export controls similar to the national security export controls of the Export Administration Act of 1979. Authorizes appropriations to the Department of Commerce for FY 1987 and 1988 to carry out the Export Administration Act of 1979. Authorizes appropriations to the Customs Service for FY 1987 and 1988 to enforce the export controls under such Act. Requires the Comptroller General of the United States to evaluate and report to the Congress on the activities of the Department of Defense regarding the review of export license applications for the exports to noncontrolled countries. Subtitle C: Debt, Development, and World Growth - Requires the President and the Secretary of the Treasury to take the necessary steps to continue ongoing negotiations with West Germany, the United Kingdom, France, and Japan and to initiate negotiations with other countries in order to: (1) coordinate macroeconomic policies so as to promote stable exchange rates and growth patterns; (2) achieve expansionist economic policies and agreements which have the specific purpose of increasing the market for U.S. exports and exports from developing countries; (3) promote growth-oriented economic policies; (4) encourage countries to base growth on a balance of foreign and domestic demand and to discourage excessive reliance on exports for growth; and (5) advise U.S. trading partners that the United States is prepared to retaliate in cases involving unfair trade practices. Declares that a key U.S. objective in economic summits is to obtain the agreement of the participants to adopt growth-oriented national economic policies and to increase the size of the market of U.S. exports and exports from developing countries. Requires such objective to be placed on the agenda of all economic summits to which the United States is a party. Requires reports to the Congress on such meetings. Expresses the sense of the Congress that increases in the development of developing countries and the economic recovery of the United States and other industrialized countries can only be assured if world trade is expanded and market access for all countries is increased. Declares that it is U.S. policy that any foreign assistance provided by the United States to developing countries shall be consistent with and supportive of long-term trade liberalization in those countries. Reaffirms congressional support for the Overseas Private Investment Corpoation (OPIC). Declares that OPIC should increase its loan guaranty and direct investment programs. Amends the Foreign Assistance Act of 1961 to require OPIC to issue at least a specified amount in guaranties and to make loans in at least a specified amount in each fiscal year. Provides for an increase in OPIC staff to administer its expanded programs. Reaffirms congressional support for the Trade and Development Program. Increases the authorized appropriations for FY 1987 to such program. Establishes such program as an independent agency of the International Development Cooperation Agency. Directs the President to establish an interagency group on countertrade. Requires such group to review U.S. policy on countertrade and make recommendations on the use of countertrade as a method of enhancing bilateral U.S. economic assistance programs and on expanding the information available on countertrade. Subtitle D: Protection of United States Business Interests Abroad - Expresses the sense of the Congress regarding international protection of intellectual property. Expresses the sense of the Congress that reform of liability laws is urgently needed at both the State and Federal level in order to maintain the international competitiveness of the United States in world markets. Subtitle E: General Provisions - Amends the Trading with the Enemy Act to delete the provisions which set forth the duties of the Office of Alien Property. Directs the Attorney General to cover into the Treasury, to the credit of miscellaneous receipts, all sums from property vested in or transferred to the Attorney General under the Trading with the Enemy Act: (1) which are received after enactment of this Act; or (2) which are received before such time and which had not yet been covered into the Treasury, other than any such sums which are the subject matter of a judicial action or proceeding. Deletes the provision requiring an annual report on all proceedings under such Act. Exempts from import restrictions under such Act the importation of informational materials from any country. Title V: Foreign Corrupt Practices - Amends the Securities and Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977 to prohibit certain securities issues and domestic concerns from offering or making payments to: (1) foreign officials in order to assist the issuers or concerns in obtaining or retaining business, including the procurement of legislative, judicial, regulatory, or other actions in seeking more favorable treatment by a foreign government; or (2) any person, while knowing, or recklessly disregarding a substantial risk, that all or a portion of such money or thing of value will be offered to a foreign official for such purposes. Declares that it is a defense to actions under this title that: (1) a payment was made to expedite or secure the performance of a routine governmental action by a foreign official; or (2) a payment or offer was legal in the country involved. Declares that an issuer or concern may not be held vicariously liable for a violation by its employee, who is not an officer or director, if: (1) such issuer or concern has established reasonable procedures to prevent and detect any such violation; and (2) the supervisor of such employee used due diligence to prevent the commission of the offense by that employee. Requires the Attorney General to determine to what extent compliance with such Acts would be enhanced and to what extent the business community would be assisted by further clarification of the corrupt practices provisions. Requires the Attorney General to issue guidelines and procedures to help businesses comply with such provisions. Requires the Attorney General to issue binding responses to specific inquiries on compliance with such provisions. Sets forth penalties for violations of such provisions. Expresses the sense of the Congress that the President should pursue the negotiation of an international agreement on the acts prohibited with respect to issuers and domestic concerns by this title. Requires the President to report to the Congress, within one year of enactment of this Act on: (1) the progress of such negotiations; and (2) additional steps that may be taken if such negotiations do not eliminate the competitive disadvantage of U.S. businesses that results when persons from other countries commit the acts proscribed by this title; and (3) possible actions that could be taken to promote international cooperation to prevent bribery of foreign officials, candidates, or parties in third countries. Sets forth information to be included in such report. Title VI: Agricultural Trade - Subtitle A: Improvement of Agricultural Trade Policy and Market Development Activities - Designates the Department of Agriculture as the lead agency for agricultural trade, subject to subtitle D of title I of this Act. Directs the Secretary of Agriculture (the Secretary for purposes of title VI) to coordinate Federal actions relating to agricultural trade. Requires the President to appoint, with the advice and consent of the Senate, in the Department of Agriculture an Under Secretary of Agriculture for Trade International Affairs and an Under Secretary of Agriculture for Commodity Programs. Transfers the International Economics Division of the Economic Research Service and the World Agricultural Outlook Board of the Department of Agriculture to the Foreign Agricultural Service of the Department of Agriculture. Directs the Secretary to establish within the Foreign Agricultural Service a commodity division to promote value-added products not covered by cooperator agreements and to help to develop a cooperator organization to support the marketing role of the division. Directs the Secretary to establish an Office of the General Sales Manager within the Department of Agriculture. Places the General Sales Manager under the direction of the Under Secretary of Trade. Makes the General Sales Manager responsible for the Foreign Agricultural Service programs dealing with: (1) export sales; (2) market development; (3) agricultural trade offices; and (4) the requirements of title I and II of the Agricultural Trade Development and Assistance Act of 1954. Directs the Secretary to establish in the Department of Agriculture an office which, under the direction of the Under Secretary for Trade, shall: (1) monitor the agricultural export trade promotion practices for foreign nations; and (2) submit quarterly reports of its findings to the Secretary. Requires the Secretary to report to specified congressional committees on the level of subsidies provided by other nations and the United States for agricultural exports. Directs the Secretary to establish an office in the Department of Agriculture which, under the direction of the Under Secretary for Trade, shall: (1) provide assistance to U.S. citizens and organizations damaged by unfair agricultural trade policies in cases before specified agencies; (2) provide such persons with information on such policies and their adverse effects; and (3) report on unfair agricultural trade policies to the appropriate Federal agencies. Requires the Secretary to report on the assistance provided by such office. Requires the office to coordinate with the Fair Trade Advocate established under title I of this Act. Directs the Secretary to provide technical services to the USTR on agricultural trade matters. Directs the Secretary to prepare, for submission with the budget, a Long Term Agricultural Trade Strategy Report establishing recommended policy and spending goals for U.S. agricultural trade and exports for one-year, five-year, and ten-year periods. Sets forth information to be included in such report. Directs the President to identify any changes that might modify the long-term policy contained in a previous report. Directs the Secretary to establish within the Department of Agriculture an Office of Agricultural Trade Policy Planning Evaluation which shall coordinate the preparation of such report. Declares that it is U.S. policy to use food aid and agriculturally related foreign aid programs more effectively to develop markets for U.S. agricultural commodities and products. Directs the Secretary to report annually to the Congress on the extent that food aid and agriculturally related foreign aid programs of the previous year, other than direct feeding or emergency food aid, serve direct market development objectives for U.S. agricultural commodities and products. Directs the Secretary to establish in the Department of Agriculture the Office of Food Aid Policy whose director shall: (1) serve under the direction of the General Sales Manager; (2) help develop a comprehensive strategy for coordinating agriculturally related foreign aid, food aid, and market development objectives for U.S. agricultural commodities; (3) monitor the compliance of Federal programs with Department of Agriculture market development objectives; and (4) serve as the principal staff representative of the Secretary in deliberations of the staff working group of the Subcommittee on Food Aid of the Development Coordination Committee. Authorizes the Secretary to make available to cooperator organizations commodities owned by the Commodity Credit Corporation. Authorizes the Secretary to contract with individuals outside the United States for personal services to be performed outside the United States. Amends the Food Security Act of 1985 to direct the Secretary: (1) to give priority to interested foreign purchasers who have traditionally purchased U.S. agricultural commodities and begin to purchase increased amounts of such commodities; and (2) report to specified congressional committees every 30 days a current list of countries provided such commodities and a justification for their participation in such export enhancement program. Expresses the sense of the Congress that, if a country, in violation of the GATT, imposes import restrictions on U.S. citrus fruits and beef products, the President should exclude imports of similar or other products from such country until such policies are eliminated. Expresses the sense of the Congress that the Department of Agriculture should expedite the implementation of specified sections of the Food Security Act of 1985 relating to barter of agricultural commodities. Subtitle B: Domestic Markets for Agricultural Commodities and Products - Directs the Secretary to study and report to specified congressional committees on: (1) the effect of imported honey on U.S. honey producers; (2) the availability of honey bee pollination within the United States; and (3) whether imports of honey tend to interfere with or render ineffective the honey price support program of the Department of Agriculture. Directs the Secretary, in conjunction with the USTR, to study and report to specified congressional committees on: (1) the effect of imports of roses over a specified time period on the domestic rose growing industry;and (2) an economic analysis of production and marketing factors of such imports. Amends the Agricultural Adjustment Act to require the ITC to consider certain assessments imposed on tobacco producers in determining whether tobacco imports materially interfere with the tobacco price support program. Directs the Secretary to compile and publish data on: (1) the total value and quantity of imported raw and processed agricultural products; and (2) the total amount of production and consumption of domestically produced raw and processed agricultural products. Expresses the sense of the Congress that: (1) the administration should continue to oppose actions by the European Community to impose quotas on oilseeds and oilseed products in Portugal, impose a grain purchase requirement on Portugal, and place variable levies on corn and grain sorghum entering Spain; (2) if compensation is to be negotiated on this issue, the administration should insist that such compensation be U.S. agricultural commodities and products to be exported to the European Community; and (3) unless the European Community rescinds such actions or compensates the United States for trading losses, the administration should impose trade restrictions that reestablish the balance of concessions under the GATT and other international trade agreements. Subtitle C: Miscellaneous - Prohibits classifying as class I or class II milk for purposes of the milk marketing program any milk produced by dairies: (1) owned or controlled by foreign persons or entities; and (2) financed by or with the use of industrial revenue bonds. Expresses the sense of the Congress that the Office of Technology Assessment, in conducting a specified grain quality study, should: (1) evaluate the international competitive problems for U.S. grain attributable to grain quality standards and handling practices; (2) identify the extent to which such standards and practices have contributed toward the recent decline in U.S. grain exports; (3) compare U.S. grain standards and handling technology with the standards and technology of the major grain export competitors of the United States; (4) evaluate the consequences for U.S. grain exports and farm prices of imposing specified quality standards on export grain elevators; and (5) evaluate the current method of establishing grain classification, the feasibility of using new technology to classify grains, and the impact of new seed varieties on exports and users of grain. Requires the results of such study to be submitted to specified congressional committees.
Bill· HRH.R. 4820 (99th)reported
United States · United States Congress · 14 May 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.
Resolution· HRESH.Res. 439 (99th)referred
United States · United States Congress · 29 April 1986
Declares that the House of Representatives: (1) condemns the Soviet Union's failure to provide notification and information about the nuclear accident at Chernobyl; and (2) calls upon the Soviet Union to permit outside nuclear experts to assist with the accident and to allow the international press corps to cover the situation.
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