United States · United States Congress · 18 March 1986
Telephone Decency Act of 1986 - Amends the Communications Act of 1934 to prohibit any obscene or indecent telephone communication for commercial purposes to any person in the District of Columbia or in interstate or foreign communication. (Current law prohibits such communication to any person without his or her consent or to any person under 18 years of age.)
United States · United States Congress · 17 March 1986
Social Security Procedural Improvements Act of 1986 - Title I: Improvements in Administrative Determinations of Disability Entitlements - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to make the Secretary of Health and Human Services' decision to assume a State's disability determination function discretionary. Authorizes the Secretary to implement a plan concerning the assumption of the disability determination function from a State when a State notifies the Secetary that it no longer wishes to perform such function. Converts to employment with the Department of Health and Human Services those permanent State employees whose disability determination function is assumed by the Secretary either at the Secretary's discretion or upon the State's request, provided, in the latter case, the Secretary declines to implement the plan authorized above. Sets forth provisions, regarding the administration of the conversion of State employees to Federal employment, which take an employee's State service into account in computing the Federal pay and benefits to which such employee is entitled. Allows certain senior employees to elect to remain covered under State retirement plans rather than converting to the Federal Civil Service Retirement and Disability program. Provides for the transfer of funds to the Civil Service Retirement and Disability Fund to cover the civil service retirement annuity due former State employees. Reduces the amount of such annuity available to former State employees to the extent such employee is entitled to State retirement benefit payments. Title II: Establishment of Social Security Court; Abolition of Appeals Council and Interim Benefits in Cases of Delayed Final Decisions - Establishes the Social Security Court which shall have exclusive jurisdiction over actions arising under titles II, XVI (Supplemental Security Income), and XVIII (Medicare) of the Social Security Act. Authorizes any individual who was a party to a hearing to which the Secretary has rendered a final decision to bring a timely action for review of such decision in the Social Security Court. Authorizes the Court to affirm, modify, or reverse the Secretary's decision, but restricts the Court's authority to reconsider factual findings. Amends title VII (Administration) of the Act to provide for the President's appointment of 20 judges to the Court. Authorizes the chief judge of the Court to divide the Court into divisions of one or more judges which may sit anywhere within the country so that claimants have a reasonable opportunity to appear before the Court without great inconvenience. Allows the Court, within certain guidelines, to prescribe its procedural rules and punish by fine or imprisonment contempt of its authority. Requires the claimant and Secretary to be given notice and the opportunity to be heard upon a proceeding in the Court or its divisions. Provides that within 60 days of a division's decision such decision shall be the decision of the Court, unless, within that period, a party petitions the Court's chief judge, or the chief judge makes his own motion, for the Court's review of the decision. Directs the Court to have any of its decisions which the chief judge determines to have precedential value published for public use. Gives the United States Court of Appeals for the Federal Circuit exclusive jurisdiction to review Social Security Court decisions upon the claimant's or Secretary's appeal, but prohibits such appeal until the Social Security Court has reviewed or denied a petition for review of its decision. Abolishes the Department of Health and Human Services' Appeals Council without limiting the Secretary's authority to hold hearings and conduct investigations. Amends titles II and XVI (Supplemental Security Income) of the Act to require individuals to be paid interim benefits in cases where an administrative law judge has determined their entitlement to certain benefits, but the Secretary's final decision has not been issued within 90 days of the judge's decision. Sets forth effective date and transitional provisions.
United States · United States Congress · 12 March 1986
Amends Federal veterans' benefits provisions to exempt from any sequestration of funds under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) certain benefits of veterans and their dependents and survivors which are based upon the service-connected disability or death of such veterans.
United States · United States Congress · 11 March 1986
Department of Defense Reorganization Act of 1986 - Title I: Unified and Specified Commands - Amends general military law to direct the President to establish unified and specified combatant commands to perform military missions and to prescribe the force structure of such commands. Authorizes the Secretary of Defense, if a situation warrants it, to establish a special combatant command. Requires the Chairman of the Joint Chiefs of Staff (JCS) to periodically (not less frequently than every other year) review the overall structure of the unified and specified combatant commands and make appropriate recommendations to the President. Directs the President to promptly notify the Congress of any action taken in response to such recommendations. Directs the Secretary of each military department to assign all forces under their jurisdiction (except forces assigned to recruiting, organizing, training, or supplying the armed forces) to unified and specified combatant commands as established under this Act. Outlines provisions concerning the command hierarchy of such assigned forces. Provides that commanders of combatant commands shall be supervised by the Chairman of JCS, and be responsible to the President and the Secretary of Defense for their missions. Makes the Secretary of each military department responsible for the support and administration of forces assigned by that department to combatant commands. Authorizes the commander of a combatant command to request the Secretary of Defense for the transfer to such commander of support or administrative functions. Directs the Secretary of Defense to include in the annual budget of the Department of Defense (DOD) a separate budget proposal for activities of each of the unified and specified combatant commands. Outlines information concerning activities of such combatant commands to be included in such proposals. Requires the commander of each such command to submit to the Chairman of JCS, for review and recommendations, annual program and budget proposals for such commands. Outlines provisions concerning the selection and tenure of combatant command subordinate commanders and staff officers. Establishes in DOD the Joint Commanders Council, consisting of the Chairman of JCS and the commanders of the combatant commands. Directs such council to advise the chairman, the President, and the Secretary of Defense on appropriate matters. Requires the Chairman of JCS to submit to the Secretary of Defense recommendation for the allocation of defense resources under the proposed national defense budget for each fiscal year, and to take certain other specified actions in connection with activities of the unified and specified combatant commands. Directs the Secretary of Defense (the Secretary) to provide for the transfer of staff personnel to the staffs of the commanders of the unified and specified commands in conformity with the reorganization under this Act. Limits the total staff size of the unified and specified commands to a number no greater than the staff size of the military departments before such transfer. Outlines considerations to be included in the initial review of the structure of the unified and specified commands. Title II: Defense Agencies - Directs the Secretary, in appropriate cases, to provide for the performance by one agency or organization of supply or service activities common to more than one military department. Directs the Secretary to periodically (and not less frequently than every two years) review the services and supplies provided by the defense agencies to ensure that such provision is more economical than the provision of such services by the military departments. Specifies various officers and directors whose views are required as part of the Secretary's review. Requires the Chairman of JCS to periodically (and not less frequently than every two years) report to the Secretary concerning the combat support agencies. Outlines information to be included in each report. Directs the Chairman to: (1) provide for the participation of the combat support agencies in joint training exercises; and (2) assess the performance of each agency in such exercise and provide for any necessary changes. Requires the chairman to develop a uniform system for reporting each such agency's readiness to perform in a war or threat to national security. Establishes in each combat support agency a combat support agency policy council. Outlines the composition of such council. Requires such council to: (1) advise the director of that agency on policy matters relating to the operation of that agency; and (2) consider and provide advice as directed by the Secretary of Defense. Requires the director of a combat support agency, upon request, to assign a representative of that agency to the headquarters of a unified or specified combatant commands. Defines "combat support agency." Requires the Secretary of Defense to conduct a study of the functions and organizational structure of the defense agencies. Outlines determinations to be made in such study. Directs the Chairman of JCS and the Secretaries of the military departments to each conduct a study of the functions and organizational structure of the defense agencies. Requires each such study to be submitted to the Secretary of Defense. Outlines matters to be considered in each such study. Directs the Secretary of Defense, within a specified conditional deadline, to report to the Senate and House Armed Services Committees concerning the studies made of the functions and organizational structure of the defense agencies, together with recommendations. Title III: Joint Officer Subspecialty - Directs the Secretary of Defense to establish a secondary occupational specialty for officers in each branch of the armed forces, to be known as the joint subspecialty. Outlines provisions concerning the number, selection, and assignments of officers to joint subspecialties. Directs the Secretary to establish career guidelines for officers in the joint subspecialty. Directs the Secretary to revise the curriculum of schools of the National Defense University in order to enhance the education and training of officers in joint military matters. Requires officers graduating from a joint military school in a joint subspecialty to be assigned to a joint position in that officer's next duty assignment. Prohibits an officer from commanding a unified or specified combatant command unless such officer is in a joint subspecialty. Prohibits an officer from appointment as Chairman of JCS unless the officer has served as the commander of a unified or specified command. Sets forth the promotion policy for joint service officers (including faster promotions). Directs the Secretary to establish procedures for monitoring the careers of officers in the joint subspecialty or other joint officers. Revises provisions concerning the review of promotion lists by the Chairman of JCS to allow the Chairman, in a limited number of instances, to recommend for promotion officers who: (1) have served in joint assignments; and (2) were considered by a review board but not recommended for promotion. Allows the Secretary of the military department concerned to disagree with the Chairman's promotion recommendations. Requires the Secretary concerned to record their disagreement as part of their transmittal to the Secretary of Defense of the selection board's report. Requires the Secretary of Defense to resolve any such disagreements before transmitting the report to the President. Requires previous joint officer assignments for officers promoted to brigadier general or real admiral (lower half). Authorizes the Secretary to waive such prerequisite in appropriate cases. Outlines the length of duty as a joint officer required for promotion to certain grades. Requires the Chairman of JCS to advise the Secretaries of the military departments concerned with respect to duty assignments of officers in the joint subspecialty and other joint officers. Requires the Secretary of Defense to ensure that military schools strengthen the focus on joint military operations in preparing certain level officers for joint duty assignments. Directs the Secretary of Defense to make the initial selection of officers for the joint subspecialty, following certain special rules. Title IV: Military Department Organization - Directs the Secretary of Defense to reorganize the executive part of the military departments, following specified reorganization policies. Defines the executive part of each military department. Outlines the functions of the Assistant Secretaries of a military department as reorganized under this Act. Limits to 30 the size of the personal staff of the Secretary of a military department. Limits the size of the staff of each military department to 85 percent of the size of such staff before the reorganization. Requires the Secretary of Defense to provide that operation and planning responsibilities that are duplicated by the staff of the JCS shall be shifted to that staff. Requires the Secretary, as well as the Secretaries of the military departments, to provide that functions able to be performed by commands outside the Washington, D.C. area shall be reassigned to those commands. Directs the Secretary to complete implementation of this title no later than 180 days after the enactment of this Act, and to report to the Congress on such implementation 30 days after such date.
United States · United States Congress · 6 March 1986
Railroad Retirement and Unemployment Benefits Protection Act of 1986 - Amends the Railroad Retirement Act of 1974 to: (1) provide that certain cost of living increases in railroad retirement annuities shall not be prevented from taking effect by any provision of law other than such Act; (2) prohibit the sequestration of any amounts appropriated to the Dual Benefits Payment Account other than by such Act; and (3) prohibit the sequestration of administrative expenses for the Railroad Retirement Board other than by such Act. Amends the Railroad Unemployment Insurance Act to prohibit any: (1) legislative limitation from being placed upon the availability of railroad unemployment insurance benefit payments other than by such Act; and (2) sequestration of railroad unemployment insurance administration funds other than by such Act.
United States · United States Congress · 6 March 1986
Infrastructure Protection Act of 1986 - Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal aid highway program and the Mass Transit Account), the Airport and Airway Trust Fund, and the Inland Waterways Trust Fund which are allocable to the transportation-related operations of such Funds from being included in either the Federal budget as submitted by the President, or in the congressional budget. Exempts such Trust Funds from any general statutory budget limitation.
United States · United States Congress · 6 March 1986
Medicare Continuing Care, Equity, and Quality Assurance Act of 1986 - Title I: Continuing Care Reforms - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to establish a Continuing Care Policy Council composed of members with expertise in geriatrics or rehabilitative practices. Requires the Council to make recommendations to the Secretary concerning the administration of continuing care services under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and as such services are affected by title I of this Act. Amends part A (Hospital Insurance) of the Medicare program to require the Secretary to establish medical claims standards which are to be applied uniformly and take into account a patient's medical profile, condition, and other practical considerations in determining the medical reasonableness and necessity of claims for continuing care services (defined to include extended care and home health services). Requires the Secretary to annually review and, if necessary, revise the standards. Authorizes a fiscal intermediary which has initially determined that some or all of a continuing care services claim may be denied, but has not yet officially denied the claim, to consult with the service provider, patient, and patient's physician to review the determination and approve a modified claim if the services are appropriate and the patient concurs in the modification. Directs the Secretary, in determining whether payments to home health agencies and skilled nursing facilities should be denied, to continue certain presumptions of compliance with reasonable and necessary services requirements until a system providing for case-by-case determinations of authorizations for continuing care services is implemented. Requires system implementation within 30 months of enactment of this Act. Requires a fiscal intermediary to reimburse a provider of continuing care for services provided to an individual for whom there was reasonable evidence of entitlement if the provider makes a timely request that the intermediary determine whether the individual is entitled to such services. Sets forth deadlines by which fiscal intermediaries must respond to provider inquiries concerning the medical necessity of continuing care services. Requires intermediaries to reimburse providers for medically unnecessary services provided over periods during which the intermediary's response is past due. Indemnifies beneficiaries who pay providers for continuing care services without knowing that they are unqualified for such services or that such services are medically unnecessary. Requires the Secretary to investigate allegations that a skilled nursing facility or home health agency has delayed or restricted acceptance of an individual until its receipt of the intermediary's response to its entitlement or medical necessity inquiries. Entitles individuals whose claim for continuing care services has been denied to a hearing by the Secretary and judicial review of the Secretary's final decision. Authorizes provider appeals on behalf of beneficiaries. Provides that, when a fiscal intermediary denies payment for continuing care services or a provider first furnishes such services, such organizations must inform beneficiaries regarding the individual's rights under this Act to appeal payment determinations. Amends part B (Peer Review) of title XI of the Act to require peer review organizations, in certain situations to be determined by the Secretary, to perform independent medical reviews of fiscal intermediary denials of payment for continuing care services. Requires each peer review organization to annually report to the Secretary regarding such reviews. Directs peer review organizations to authorize payment for services which would not otherwise meet payment conditions where such organization certifies that exceptional circumstances exist to justify the cost-effective provision of the services. Amends part A (Hospital Insurance) of the Medicare program to establish a special benefit consisting of payments to hospitals which retain patients who require only the level of care provided in a skilled nursing facility, but cannot transfer to such a facility due to the unavailability of space in such facilities. Requires the Secretary to establish performance standards for fiscal intermediary medical claims review which: (1) weigh the accuracy and timeliness of such review commensurately with cost savings from such review; (2) specify the qualifications required of review personnel; and (3) require an intensive level of review for new providers and providers with poor performance records. Requires the Secretary to annually inform the Continuing Care Policy Council regarding the intermediaries' performance under these standards. Directs the Secretary to establish a Medicare benefits management demonstration program, including projects which: (1) substitute, for the process of submitting separate claims by providers for an individual beneficiary, a single benefits manager that would identify and track the benefits most appropriate to the beneficiary; and (2) provide additional benefits to Medicare beneficiaries, including noncovered benefits if no additional costs are thereby imposed on beneficiaries or Medicare. Title II: Quality Assurance Reforms - Amends part B (Peer Review) of title XI of the Act to establish a National Council on Quality Assurance. Directs the Director of the Congressional Office of Technology Assessment to provide for the appointment of members of the Council. States that the general functions of the Council shall be to: (1) provide oversight on the operations of the quality assurance system under the Medicare program; and (2) make recommendations annually to the Secretary of Health and Human Services and the Congress for improvements in the system. Sets forth the Council's functions more specifically. Requires the Council to report annually to the Congress on the functioning and progress of the Council. Authorizes appropriations. Requires contracts with peer review organizations to provide that: (1) at least one-half of the organizations' efforts must be on quality assurance activities; (2) quality assurance activities shall be conducted with respect to all the different types of items and services covered by Medicare; and (3) the level of activity for each of the different types of services and items shall reasonably reflect the proportion of Medicare payments made for that type of service or item. Adds to the definition of the term "peer review organization" so as to require such an entity to: (1) include in its composition representatives of other individuals responsible for the provision of services and items for which the organization is responsible for conducting quality assurance activities; and (2) have a consumer advisory board. Defines a "consumer advisory board." Requires any peer review organization to: (1) educate Medicare beneficiaries; (2) provide for a toll-free 24 hour telephone number, which shall be provided to Medicare beneficiaries for the purpose of receiving questions and complaints from Medicare beneficiaries; (3) assist in resolving any such complaints that are legitimate; (4) make available to its consumer advisory boards appropriate information received from the telephone service; and (5) train members of its consumer advisory board. Appropriates funds, in addition to any other amounts appropriated to carry out part B of title XI, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund for distribution to peer review organizations. Amends part B (Supplementary Medical Insurance) of the Medicare program to require hospitals to implement a discharge planning process which meets guidelines and standards to be established by the Secretary, in conjunction with the Continuing Care Policy Council and Council on Quality Assurance, to: (1) protect against inappropriate early hospital discharges; (2) ensure a timely and smooth transition to the most appropriate type of and setting for post-hospital care; and (3) permit early initiation of the authorization process for continuing care services. Requires peer review organizations to monitor hospitals' compliance with discharge planning process requirements. Sets forth study and reporting requirements.
United States · United States Congress · 5 March 1986
Transport Regulatory Reform Act of 1986 - Establishes within the legislative branch of the Government the Transportation Regulatory Commissions Nominating Commission. Requires the President to notify the Chair of such Commission immediately if any vacancy occurs on the Interstate Commerce Commission, the Federal Maritime Commission, or the National Transportation Safety Board. Directs the Commission to: (1) submit to the President a list of qualified individuals to fill such vacancy; (2) certify to the President pro tempore of the Senate the first name on the Commission's list of nominees if the President has failed to nominate an individual to fill such vacancy within 60 days after submission of the list; (3) submit to the President of the Senate a report containing the list of nominees within 30 days after its submission to the President; and (4) report biannually to each House of the Congress on the efficiency of the nomination process and any recommendations for change.
United States · United States Congress · 4 March 1986
Parental and Medical Leave Act of 1986 - Title I: General Requirements for Parental and Medical Leave - Entitles employees to parental leave for specified periods in cases involving the birth, adoption, or serious health condition of a child. Entitles employees to temporary medical leave for specified periods in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for injunctive relief, monetary relief, and attorneys' fees. Requires employers to post notice of the pertinent provisions of this title. Title II: Parental Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to parental leave and temporary medical leave for specified periods. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Sets forth protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Paid Parental and Medical Leave - Establishes the Commission on Paid Parental and Medical Leave. Requires the Commission to report on its study of paid parental and medical leave to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act.
United States · United States Congress · 27 February 1986
Amends Federal law relating to competition requirements in defense contracts to direct the head of a defense agency to require any firm that submits a bid or proposal in response to a solicitation to disclose in such bid or proposal any significant interest in that firm that is owned or controlled by a foreign government or a foreign national. Requires the head of an agency to exclude from consideration for a contract exceeding $100,000 a firm in which a hostile foreign government or covered foreign national owns or controls a significant interest. Directs the Secretary of Defense to prescribe regulations listing hostile foreign governments. Makes this Act inapplicable to the Coast Guard or the National Aeronautics and Space Administration.
United States · United States Congress · 27 February 1986
Long-Term Care Patients' Rights Act of 1986 - Amends title XIX (Medicaid) of the Social Security Act to require States to establish written standards and procedures protecting and enforcing the rights of residents of long-term care facilities. Lists residents' rights encompassing: (1) medical care and treatment rights, including the right to be fully informed of one's condition and treatment, if such knowledge is not medically detrimental, and participate in planning such treatment; (2) the right to privacy during treatment and visits; (3) the right of confidentiality regarding one's personal records and mail; (4) freedom of association, including both the right to organize and to refuse to participate in group activities; (5) medical experimentation rights, requiring residents to give informed, voluntary, and written consent before involvement in such experimentation; (6) freedom from physical and mental abuse, including the right to refuse to work for the facility and the right to retain personal possessions; and (7) the right to manage, and remain informed of, one's personal financial affairs. Prohibits long-term care facilities from denying admission to, transferring, or discharging residents on the basis of the residents' source of payment for services, or medical history or condition (if the facility can adequately care for such condition). Prohibits resident transfers or discharge for nonmedical reasons without the resident's consent and reasonable notice, unless the resident is a threat to others or does not pay charges. Directs each long-term care facility, at specified times, to provide each resident with an oral, written, and understandable explanation of: (1) the resident's rights and responsibilities; (2) facility rules and regulations; and (3) services available in the facility. Requires public notice of such information as well as information concerning State procedures for enforcing residents' rights. Requires States to annually submit a written plan to the Secretary of Health and Human Services concerning State procedures for protecting and enforcing residents' rights. Specifies the State and community organizations responsible for developing the State plans. Requires State plans to provide for: (1) a procedure for the expeditious review and resolution of residents' complaints by each long-term care facility and by the State, when complaints are not satisfactorily resolved by the facility; (2) a process by which residents and facilities may appeal adverse complaint decisions; (3) a State ombudsman with the responsibility to receive, file, and investigate residents' complaints; (4) programs by which facilities educate their staff regarding residents' rights, facility rules and regulations, and complaint review procedures; and (5) a statewide uniform reporting and recording system of all rights violation complaints and their disposition, as well as a system for reporting cases of resident abuse or neglect so that designated State officials can redress such abuse. Provides that the rights and recourses set forth in this Act are nonexclusive. Requires States to prohibit Medicaid providers from discriminating against, or giving preference to, individuals merely because they receive Medicaid assistance. Creates a private right of action whereby Medicaid applicants and recipients may enforce, in Federal district courts, Federal laws and regulations protecting their welfare and rights.
United States · United States Congress · 26 February 1986
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt from reduction under any sequestration order certain student assistance programs, the guaranteed student loan program, and institutional development assistance programs under the Higher Education Act of 1965.
United States · United States Congress · 26 February 1986
Antitrust Remedies Improvements Act of 1986 - (No title I). Title II: Treble Damage Reform - Amends the Clayton Act to reduce the amount recoverable in a private antitrust action from treble to actual damages sustained, except when the damages are sustained by reason of the plaintiff being overcharged or underpaid by the liable party. Requires payment to the prevailing plaintiff in an actual damage case, or a treble damage case under specified circumstances, of interest on actual damages for the period beginning on the date of injury and ending on the date of judgment (prejudgment interest). Entitles the United States to recover treble damages when it is injured by being overcharged or underpaid by an antitrust violation. Provides for the payment of prejudgment interest on the actual damages recovered by the United States in an antitrust action. Provides for the payment of prejudgment interest on the total damage recovered in antitrust actions commenced by State attorneys general. Title III: Defendants' Attorneys' Fees - Amends the Clayton Act to direct the court to award the cost of suit, including a reasonable attorney's fee, to a substantially prevailing defendant in a private antitrust action or a private action for injunctive relief against an antitrust violation if the court finds that the plaintiff's conduct was frivolous, unreasonable, without foundation, or in bad faith. Title IV: Claim Reduction - Amends the Clayton Act to direct the court in an antitrust action to reduce the claim of any claimant who releases any person from liability by the greatest of: (1) a stipulated amount; (2) the consideration paid for release; or (3) the actual damages fairly allocable to the released person and interest thereon. Requires damages to be allocated on the basis of: (1) each competitor's proportionate share of the total competitors' overcharges or underpayments where the claim is based upon damages substained by reason of overcharges or underpayments resulting from a contract, combination, or conspiracy among competitors; or (2) each party's relative responsibility for the origination or perpetration of the antitrust violation, whichever method the court determines to be more equitable. Title V: Effective Date - Applies this Act to actions commenced after its enactment.
United States · United States Congress · 26 February 1986
Foreign Trade Antitrust Improvements Act of 1986 - Amends the Sherman Act to require the court in an antitrust action involving commerce with foreign nations, except for good cause shown, to hear and determine a motion to dismiss the action for lack of subject matter jurisdiction before conducting or permitting the parties to conduct further proceedings. Amends the Clayton Act to require a court to dismiss any antitrust action involving foreign commerce whenever it determines that the exercise of jurisdiction would be unreasonable in light of the following exclusive factors: (1) the relative significance of conduct within the United States compared to conduct abroad; (2) the nationality of the parties and the principal place of business of corporations; (3) the presence of a purpose to affect United States consumers or competitors; (4) the relative significance and foreseeability of the effects of the conduct on the United States compared to the effects abroad; (5) the existence of reasonable expectations that would be furthered or defeated by the action; and (6) the degree of conflict with foreign law. Directs the court to hear and determine any motion to dismiss on such basis before conducting further proceedings. Declares that the doctrine of forum non conveniens (providing that a court dismiss a case that should be tried in another more convenient and appropriate forum) shall be applicable in any antitrust action involving foreign commerce.
United States · United States Congress · 26 February 1986
Interlocking Directorate Act of 1986 - Amends the Clayton Act to prohibit any person from serving as a director in two or more corporations if each (currently, any) of such corporations has capital, surplus, and undivided profits aggregating more than $10,000,000 (currently, $1,000,000). Establishes exceptions to such interlocking directorate prohibition where the sales of each corporation of each product or service sold in competition with the other corporations: (1) are less than five percent of such corporation's total sales, unless such corporation's sales of all such products or services exceed 25 percent of its total sales; (2) added to such corporation's sales of all other such products or services are less than $1,000,000; or (3) are less than three percent of the total sales in each line of commerce in each section of the country in which such corporations compete. Increases the $10,000,000 and $1,000,000 threshold amounts by the percentage increase in the gross national product for the preceding fiscal year.
United States · United States Congress · 24 February 1986
Amends the Federal criminal code to increase the penalties for mail fraud. Raises the maximum fine from $1,000 to $10,000 and raises the maximum term of imprisonment from five to 15 years. Provides for the criminal forfeiture of all property constituting or derived from the profits or proceeds of such an offense or property used to facilitate certain violations. Authorizes the civil forfeiture of property constituting the profits or proceeds of certain violations or used to facilitate such violations. Permits the Attorney General and the Postal Service to retain, transfer, or sell forfeited property.
United States · United States Congress · 19 February 1986
Authorizes and requests the President to present, on behalf of the Congress, gold medals to Anatoly and Avital Shcharansky in recognition of their supreme dedication and total commitment to human rights and freedoms. Requires the Secretary of the Treasury to determine the design of the medals. Authorizes appropriations. Authorizes the Secretary to sell bronze duplicates of the medals.
United States · United States Congress · 19 February 1986
Disapproves the proposed rescission of budget authority for payments to local governments from the Local Government Fiscal Assistance Trust Fund (R86-68) as set forth in the special message of the President transmitted to the Congress on February 5, 1986.
United States · United States Congress · 6 February 1986
General Aviation Tort Reform Act of 1986 - Amends the Federal Rules of Civil Procedure to provide uniform rules for negligence and products liability claims arising from general aviation accidents. Allows any person claiming damages from such an accident to bring a products liability action against the general aviation manufacturer if: (1) the product was defective when it left the control of the manufacturer; (2) the defective condition was the proximate cause of the harm; (3) the condition would not have been corrected by actions described in directives issued by the Federal Aviation Administration (FAA) or the manufacturer; and (4) the aircraft was being used for a purpose and in a manner for which it was manufactured. Provides an alternative method to establish manufacturer liability where the manufacturer failed to provide reasonable warnings (unless such warnings would not have affected the conduct of the product user). Provides a third method to establish manufacturer liability where: (1) the manufacturer made an express warranty with respect to the product; (2) the warranty related to that aspect of the product which caused the harm; (3) the product failed to conform to the warranty; and (4) such failure was the proximate cause of the harm. States that all actions for damages arising from a general aviation accident shall be governed by the principles of comparative responsibility. Provides that defendants in such actions are severally but not jointly liable for damages (except that manufacturers of airframes and systems or components of aircraft may be jointly and severally liable under certain circumstances). Provides a 12-year limitation on liability of manufacturers. States that express warranties running for a longer period of time and the duty to provide additional warnings shall not be affected by such limitations. Allows awards of punitive damages. Prescribes a statute of limitations for such actions. Preempts State laws to the extent that this Act establishes applicable rules or procedures. Grants Federal district courts (concurrently with State courts) original jurisdiction (without regard to the amount in controversy) in all civil actions for damages arising out of a general aviation accident. Allows the removal of State actions to an appropriate Federal district court by any defendant. Prescribes venue restrictions. Expresses the intent of the Congress that orders to pay reasonable expenses, including attorney's fees, be enforced.
United States · United States Congress · 6 February 1986
Declares that the proposed rescission of budget authority (R86-55) for the urban development action grant program should not be approved in any rescission bill. Requires that such program be resumed not later than the date of enactment of this joint resolution.
United States · United States Congress · 5 February 1986
Amends the Tariff Schedules of the United States to provide that certain gloves (those without fourchettes and constructed of a textile fabric with rubber or plastics) shall be regarded as gloves of textile materials.
United States · United States Congress · 5 February 1986
Expresses the sense of the House of Representatives that the President should urge the Government of South Africa to indicate its willingness to negotiate with the black majority by: (1) granting unconditional freedom to Nelson Mandela; (2) recognizing the African National Congress; and (3) establishing a framework for political talks.
United States · United States Congress · 4 February 1986
Fair Housing Amendments Act of 1986 - Amends specified Acts to rename them the Civil Rights Act of 1968 and the Fair Housing Act. Amends the Fair Housing Act to make it unlawful to: (1) refuse to sell or rent a dwelling to an individual because that individual, or someone associated with that individual, is handicapped; (2) discriminate against a handicapped individual in the conditions of sale or rental, or in the provision of a related service or facility; (3) refuse to permit reasonable modifications to permit access to the premises (provided the renter agrees to restore the premises to their original condition); or (4) make reasonable accommodations in rules, policies, or services to afford handicapped individuals equal use and enjoyment of a dwelling. Makes it unlawful for anyone engaged in residential real estate-related transactions to discriminate in the provision or terms of a transaction because of race, color, religion, sex, handicap, familial status, or national origin. States that nothing in this Act limits the applicability of any reasonable local, State, or Federal restrictions on the maximum number of occupants permitted to occupy a dwelling unit. States that nothing in this Act regarding familial status applies to any State or Federal program aimed at assisting the elderly. Establishes new administrative enforcement authority in addition to existing enforcement provisions. Directs the Secretary of Housing and Urban Development to transmit an annual report to the Congress on the progress made in eliminating discriminatory housing practices. Allows an aggrieved person to file a complaint with the Secretary alleging a discriminatory housing practice. Allows the Secretary to file such a complaint on his own initiative or investigate a housing practice to determine whether such a complaint should be brought. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary to refer matters to the Attorney General, recommending that civil actions be filed, where a respondent has failed to comply with conciliation agreements. Allows the Secretary to refer matters to the Attorney General for prompt judicial action when necessary. Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use control, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits criminal penalties of up to a $100,000 fine and/or imprisonment for not more than one year for noncompliance with subpoenas or other lawful orders. Permits the administrative law judge to award appropriate relief, including punitive damages. Permits the filing of a petition for review of a final order in an appropriate court of appeals within 30 days of service of such order. Permits any prevailing party to be awarded reasonable attorney's fees. Makes certain revisions in the private right of action for aggrieved persons. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Allows the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to fair housing rights has occurred. Permits the Attorney General to commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Describes the types of relief which may be granted in civil actions under such Act.
United States · United States Congress · 4 February 1986
Amends the Internal Revenue Code to extend the Hazardous Substance Response Trust Fund (Superfund) excise taxes on crude oil and petroleum products for the 180-day period beginning on February 3, 1986. Permits repayable advances to be made to such fund during the 180-day period beginning on February 3, 1986.
United States · United States Congress · 30 January 1986
Makes permanent the law directing the Secretary of Transportation to withhold certain Federal-aid highway sums from States permitting persons under the age of 21 to purchase alcoholic beverages. Allows complying States to "grandfather" those between the ages of 18 and 21 who could legally purchase alcoholic beverages before the enactment of such law. Provides guidelines for the apportionment of funds withheld on or before September 30, 1988, to States that subsequently comply with the national minimum drinking age. Requires that funds withheld from a State which has failed to comply within a certain period of time lapse and be made available for certain other projects. Provides that non-Interstate funds withheld after September 30, 1988, shall be apportioned among the other States. Requires Interstate funds withheld after September 30, 1988, to be made available for certain other projects.
United States · United States Congress · 29 January 1986
Medicare Beneficiary Access Protection Act of 1986 - Directs the Secretary of Health and Human Services, in determining whether payments to a home health agency should be denied under title XVIII (Medicare) of the Social Security Act, to apply a presumption of compliance until 12 months after certain regional intermediaries have begun to service such agencies. Requires the Secretary to apply a similar presumption of compliance to skilled nursing facilities for 30 months following enactment of this Act.
United States · United States Congress · 29 January 1986
Social Security Trust Funds Safeguard Act of 1986 - Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to require that all amounts appropriated to, or deposited in, a trust fund established under one of those programs be immediately and exclusively available for the purposes for which trust fund amounts are specifically made available under such program. Requires the President, in addition to appointing one member of the the public to the Board of Trustees of the social security trust funds (currently two members of the public are chosen), to appoint a Managing Trustee to the board, by and with the advice and consent of the Senate, for a term of four years. Provides that the Managing Trustee may be removed only for cause, but is prohibited from engaging in any other business, vocation, or employment. Requires the Department of Health and Human Services to provide the Managing Trustee with appropriate assistance. Directs the Managing Trustee to invest that portion of the social security trust funds which is not required to meet current withdrawals in accordance with an annual investment plan submitted by the Board. Requires the Board to conduct a continuing study and actuarial analysis of the status of investments made by the Managing Trustee and, by August 1 of each year, formulate and submit to the President and each House of the Congress an investment plan to govern the investments of the social security trust funds during the fiscal year. Requires the annual investment plan to set forth standards governing the investment and disinvestment of the trust funds which ensure, so far as is possible, that the OASDI and Medicare programs fulfill their intended purposes in a fiscally and actuarially sound nonpartisan manner, free from the influence of irrelevant budgetary or fiscal considerations. Directs that such plan be accompanied by any recommendations of the Board regarding investment of the social security trust funds. Directs that the investment plan and recommendations be incorporated in a special message to each House. Sets a minimum and maximum on amounts of the social security trust funds to be invested in obligations which are not obligations of the United States but which are guaranteed as to both principal and interest by the United States. Sets forth effective date and transitional provisions.
United States · United States Congress · 23 January 1986
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates the 14th day of June 1986 as Baltic Freedom Day. Authorizes and requests the President to submit the issue of Baltic self-determination to the United Nations.
United States · United States Congress · 22 January 1986
Whistleblower Protection Act of 1986 - Separates the Office of Special Counsel from the Merit Systems Protection Board. Empowers the Special Counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. Revises current law with respect to the Special Counsel to reflect its advocate status. Authorizes the Special Counsel to file a petition to the Board against an official for: (1) committing prohibited personnel practices; (2) violating a law within the jurisdiction of the Special Counsel; or (3) failing to comply with an order of the Board. Sets forth disciplinary actions for such officials. Requires the Special Counsel to report annually to the Congress on its activities. Authorizes employees who have been adversely affected by a prohibited personnel practice to bring an action before the Board (instead of or in addition to taking such action to the Special Counsel). Authorizes such employees to obtain judicial review of the Board's decision in the appropriate U.S. district court. Authorizes appropriations for the Merit Systems Protection Board for 1987 through 1991 and for the Office of Special Counsel for FY 1987 through 1989.
United States · United States Congress · 21 January 1986
Amends Federal law relating to the transportation of military personnel and supplies to prohibit the use of an aircraft chartered by the Department of Defense (DOD) for transporting members of the armed forces unless an inspection of the aircraft and check of its operators has taken place within 48 hours prior to its flight. Requires the Secretary of Defense to receive a report on each inspection performed by Federal Aviation Administration personnel on aircraft used by a firm that contracts with DOD to provide transportation for members by charter. Requires the Secretary to exclude from contracting with DOD firms found to be using unsafe aircraft.
United States · United States Congress · 21 January 1986
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt for FY 1986 and partially exempt for FY 1987 through 1991 certain portions of cost-of-living increases in Federal retirement and disability programs from reduction under the President's sequestration order.
United States · United States Congress · 21 January 1986
Directs the President to convene a domestic economic summit conference concerning the economic situation created by large Federal deficits. Requires the conference to report to the Congress a comprehensive plan to reduce projected deficits.
United States · United States Congress · 19 December 1985
Expresses the sense of the House of Representatives that: (1) the President should continue to express to the Soviet Union U.S. opposition with respect to the harassment and arrests of Hebrew teachers and Jewish activists in the Soviet Union; and (2) the Soviet Union should comply with its commitments under specified international human rights agreements and cease its persecution of individuals on the basis of their Jewish faith.
United States · United States Congress · 18 December 1985
Rural Satellite Dish Owners Protection Act - Amends the Communications Act of 1934 to prohibit encryption of any satellite cable programming for private viewing beginning 30 days after enactment of this Act, unless: (1) the encryption complies with Federal Communications Commission standards; (2) decryption devices are available for lease or purchase by all interested persons within 60 days after request at a reasonable price relative to manufacturing and distribution costs; and (3) monthly subscription fees for such programming do not exceed fees assessed to cable subscribers within the same vicinity. Provides for the civil enforcement of this Act.